H.R. 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2025 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 2025

To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 11, 2025

Mr. Ciscomani (for himself, Mr. Stanton, Ms. Ansari, Mr. Grijalva, Mr. 
Crane, and Mr. Schweikert) introduced the following bill; which was 
referred to the Committee on Natural Resources

_______________________________________________________________________

A BILL

To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for 
other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Northeastern 
Arizona Indian Water Rights Settlement Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Northeastern Arizona Indian 
Water Rights Settlement Agreement.
Sec. 5. Water Rights.
Sec. 6. Allocation and assignment of Arizona Colorado River Water to 
the Tribes; water use; storage; water 
delivery contracts.
Sec. 7. Colorado River Water leases and exchanges; Uses.
Sec. 8. iina ba - paa tuwaqat'si pipeline.
Sec. 9. iina ba - paa tuwaqat'si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund.
Sec. 11. Hopi Tribe Water Settlement Trust Fund.
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.
Sec. 13. Funding.
Sec. 14. Waivers, releases, and retention of claims.
Sec. 15. Satisfaction of Water Rights and other benefits.
Sec. 16. Enforceability Date.
Sec. 17. Colorado River accounting.
Sec. 18. Limited waiver of sovereign immunity.
Sec. 19. Ratification of the Treaty and creation of the San Juan 
Southern Paiute Reservation.
Sec. 20. Authorization for use of Navajo-Gallup Water Supply Project 
facilities.
Sec. 21. Antideficiency; savings provisions; effect.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of 
all claims to rights to water in the State for--
(A) the Navajo Nation and Navajo Allottees;
(B) the Hopi Tribe and Hopi Allottees;
(C) the San Juan Southern Paiute Tribe; and
(D) the United States, acting as trustee for the 
Navajo Nation, the Hopi Tribe, the San Juan Southern 
Paiute Tribe, Navajo Allottees, and Hopi Allottees;
(2) to authorize, ratify, and confirm the Northeastern 
Arizona Indian Water Rights Settlement Agreement entered into 
by the Navajo Nation, the Hopi Tribe, the San Juan Southern 
Paiute Tribe, the State, and other Parties to the extent that 
the Settlement Agreement is consistent with this Act;
(3) to authorize and direct the Secretary to execute and 
perform the duties and obligations of the Secretary under the 
Settlement Agreement and this Act; and
(4) to authorize and appropriate funds necessary for the 
implementation of the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

In this Act:
(1) 1882 reservation.--The term ``1882 Reservation'' 
means--
(A) land within the exterior boundaries of the 
``Hopi Indian Reservation'' defined as District 6 in 
Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 
1962), aff'd, 373 U.S. 758 (1963), and Masayesva for 
and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 
1371, 1375-76 (9th Cir. 1997); and
(B) all land withdrawn by the Executive order of 
December 16, 1882, and partitioned to the Hopi Tribe in 
accordance with section 4 of the Act of December 22, 
1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of 
Partition, February 10, 1977, Sekaquaptewa v. 
MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 
626 F.2d 113 (9th Cir. 1980).
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Arizona colorado river water.--
(A) In general.--The term ``Arizona Colorado River 
Water'' means the waters of the Colorado River 
apportioned for Use within the State by--
(i) sections 4 and 5 of the Boulder Canyon 
Project Act (43 U.S.C. 617c, 617d);
(ii) the Upper Colorado River Basin Compact 
of 1948;
(iii) the contract for delivery of water 
between the United States and the State, dated 
February 9, 1944; and
(iv) the Decree.
(B) Limitations.--The term ``Arizona Colorado River 
Water''--
(i) shall only be used for purposes of 
interpreting the Settlement Agreement and this 
Act; and
(ii) shall not be used for any 
interpretation of existing law or contract, 
including any law or contract described in 
clauses (i) through (iv) of subparagraph (A).
(4) Arizona department of water resources.--The term 
``Arizona Department of Water Resources'' means the agency of 
the State established pursuant to section 45-102 of the Arizona 
Revised Statutes, or a successor agency or entity.
(5) Arizona lower basin colorado river water.--The term 
``Arizona Lower Basin Colorado River Water'' means the 
2,800,000 AFY of consumptive use of Colorado River Water 
apportioned to the State in article II(B)(1) of the Decree.
(6) Arizona upper basin colorado river water.--The term 
``Arizona Upper Basin Colorado River Water'' means the 50,000 
AFY of consumptive use of Colorado River Water apportioned to 
the State in the Upper Colorado River Basin Compact of 1948.
(7) Bureau.--The term ``Bureau'' means the Bureau of 
Reclamation.
(8) CAP; central arizona project.--The terms ``CAP'' and 
``Central Arizona Project'' mean the Federal reclamation 
project authorized and constructed by the United States in 
accordance with title III of the Colorado River Basin Project 
Act (43 U.S.C. 1521 et seq.).
(9) CAP repayment contract.--The term ``CAP Repayment 
Contract'' means--
(A) the contract dated December 1, 1988 (Contract 
No. 14-06-W-245, Amendment No. 1), between the United 
States and the Central Arizona Water Conservation 
District for the delivery of water and the repayment of 
costs of the Central Arizona Project; and
(B) any amendment to, or revision of, that 
contract.
(10) CAWCD; central arizona water conservation district.--
The terms ``CAWCD'' and ``Central Arizona Water Conservation 
District'' mean the political subdivision of the State that is 
the contractor under the CAP Repayment Contract.
(11) Cibola water.--The term ``Cibola Water'' means the 
entitlement of the Hopi Tribe to the diversion of up to 4,278 
AFY of the Fourth Priority Water described in the Hopi Tribe 
Existing Cibola Contract.
(12) Colorado river compact.--The term ``Colorado River 
Compact'' means the Colorado River Compact of 1922, as ratified 
and reprinted in article 2 of chapter 7 of title 45, Arizona 
Revised Statutes.
(13) Colorado river system.--The term ``Colorado River 
System'' has the meaning given the term in article II(a) of the 
Colorado River Compact.
(14) Decree.--The term ``Decree'', when used without a 
modifier, means--
(A) the decree of the Supreme Court of the United 
States in Arizona v. California, 376 U.S. 340 (1964) or 
the consolidated decree entered on March 27, 2006, in 
Arizona v. California, 547 U.S. 150 (2006); and
(B) any modification to a decree described in 
subparagraph (A).
(15) Diversion.--The term ``diversion'' means an act to 
divert.
(16) Divert.--The term ``divert'' means to receive, 
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit, 
collection or infiltration gallery, conduit, well, 
pump, turnout, dam, or any other mechanical device; or
(B) any other human act to capture water.
(17) Effective date.--The term ``Effective Date'' means the 
date as of which the Settlement Agreement has been executed by 
not fewer than 30 of the Parties, including--
(A) the Navajo Nation;
(B) the Hopi Tribe;
(C) the San Juan Southern Paiute Tribe;
(D) the State;
(E) the Arizona State Land Department;
(F) the Central Arizona Water Conservation 
District;
(G) the Salt River Project Agricultural Improvement 
and Power District; and
(H) the Salt River Valley Water Users' Association.
(18) Effluent.--The term ``Effluent'' means water that--
(A) has been used in the State for domestic, 
municipal, or industrial purposes, other than solely 
for hydropower generation; and
(B) is available for reuse for any purpose, 
regardless of whether the water has been treated to 
improve the quality of the water.
(19) Enforceability date.--The term ``Enforceability Date'' 
means the date described in section 16(a).
(20) Fifth priority water.--The term ``Fifth Priority 
Water'' has the meaning given the term in the Hopi Tribe 
Existing Cibola Contract.
(21) Fourth priority water.--The term ``Fourth Priority 
Water'' means Colorado River Water available for delivery 
within the State for satisfaction of entitlements--
(A) in accordance with contracts, Secretarial 
reservations, perfected rights, and other arrangements 
between the United States and water users in the State 
entered into or established after September 30, 1968, 
for Use on Federal, State, or privately-owned land in 
the State, in a total quantity not greater than 164,652 
AFY of diversions; and
(B) after first providing for the delivery of 
Colorado River Water for the CAP System, including for 
Use on Indian land, under section 304(e) of the 
Colorado River Basin Project Act (43 U.S.C. 1524(e)), 
in accordance with the CAP Repayment Contract.
(22) Gila river adjudication.--The term ``Gila River 
Adjudication'' means the action pending in the Superior Court 
of the State, in and for the County of Maricopa, In re the 
General Adjudication of All Rights To Use Water in The Gila 
River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
Gila), W-4 (San Pedro) (Consolidated).
(23) Gila river adjudication court.--The term ``Gila River 
Adjudication Court'' means the Superior Court of the State, in 
and for the County of Maricopa, exercising jurisdiction over 
the Gila River Adjudication.
(24) 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 as Exhibit 3.1.47 to the 
Settlement Agreement.
(25) Groundwater.--The term ``Groundwater'' means all water 
beneath the surface of the earth within the State that is not--
(A) Surface Water;
(B) Colorado River Water; or
(C) Effluent.
(26) Hopi allotment.--The term ``Hopi Allotment'' means any 
of the 11 parcels allotted pursuant to section 4 of the Act of 
February 8, 1887 (commonly known as the ``Indian General 
Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
that are--
(A) located within the exterior boundaries of the 
Hopi Reservation; and
(B) held in trust by the United States for 1 or 
more individual Indians under allotment record numbers 
AR-39, AR-40, AR-41, AR-42, AR-43, AR-44, AR-45, AR-46, 
AR-47, AR-48, and AR-49.
(27) Hopi allottee.--The term ``Hopi Allottee'' means--
(A) an individual Indian holding a beneficial 
interest in a Hopi Allotment; or
(B) an Indian Tribe holding an undivided fractional 
beneficial interest in a Hopi Allotment.
(28) Hopi fee land.--The term ``Hopi Fee Land'' means land, 
other than Hopi Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the Hopi Reservation; and
(C) as of the Enforceability Date, is owned by the 
Hopi Tribe in its own name or through an entity wholly 
owned or controlled by the Hopi Tribe.
(29) Hopi land.--The term ``Hopi Land'' means--
(A) the Hopi Reservation;
(B) Hopi Trust Land; and
(C) Hopi Fee Land.
(30) Hopi reservation.--
(A) In general.--The term ``Hopi Reservation'' 
means--
(i) land within the exterior boundaries of 
the ``Hopi Indian Reservation'' defined as 
District 6 in Healing v. Jones, 210 F. Supp. 
125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 
(1963), and Masayesva for and on Behalf of Hopi 
Indian Tribe v. Hale, 118 F.3d 1371, 1375-76 
(9th Cir. 1997);
(ii) land withdrawn by the Executive Order 
of December 16, 1882, and partitioned to the 
Hopi Tribe in accordance with the Act of 
December 22, 1974 (Public Law 93-531; 88 Stat. 
1713), by Judgment of Partition, February 10, 
1977, Sekaquaptewa v. MacDonald, Case No. CIV-
579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113 
(9th Cir. 1980); and
(iii) land recognized as part of the Hopi 
Reservation in Honyoama v. Shirley, Jr., Case 
No. CIV 74-842-PHX-EHC (D. Ariz. 2006).
(B) Map.--Subject to subparagraph (C), the 
descriptions of the Hopi Reservation in clauses (i) 
through (iii) of subparagraph (A) are generally shown 
on the map attached as Exhibit 3.1.56 to the Settlement 
Agreement.
(C) Conflict.--In the case of a conflict between 
the definition in subparagraph (A) and Exhibit 3.1.56 
of the Settlement Agreement, the definition in that 
subparagraph shall control.
(31) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi 
Tribe, a tribe of Hopi Indians--
(A) organized under section 16 of the Act of June 
18, 1934 (commonly known as the ``Indian Reorganization 
Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
(B) recognized by the Secretary in the notice of 
the Secretary entitled ``Indian Entities Recognized by 
and Eligible To Receive Services From the United States 
Bureau of Indian Affairs'' (89 Fed. Reg. 944 (January 
8, 2024)).
(32) Hopi tribe agricultural conservation trust fund 
account.--The term ``Hopi Tribe Agricultural Conservation Trust 
Fund Account'' means the account--
(A) established under to section 11(b)(3); and
(B) described in subparagraph 12.3.3 of the 
Settlement Agreement.
(33) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola 
Water'' means the Fourth Priority Water, Fifth Priority Water, 
and Sixth Priority Water to which the Hopi Tribe is entitled 
pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement 
Agreement.
(34) Hopi tribe existing cibola contract.--The term ``Hopi 
Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
W0432 between the United States and the Hopi Tribe, as amended 
and in full force and effect as of the Effective Date.
(35) Hopi tribe groundwater projects.--The term ``Hopi 
Tribe Groundwater Projects'' means the projects described in--
(A) section 11(f)(1); and
(B) subparagraph 12.3.1 of the Settlement 
Agreement.
(36) Hopi tribe groundwater projects trust fund account.--
The term ``Hopi Tribe Groundwater Projects Trust Fund Account'' 
means the account--
(A) established under section 11(b)(1); and
(B) described in subparagraph 12.3.1 of the 
Settlement Agreement.
(37) Hopi tribe lower basin colorado river water 
acquisition trust fund account.--The term ``Hopi Tribe Lower 
Basin Colorado River Water Acquisition Trust Fund Account'' 
means the account--
(A) established under section 11(b)(4); and
(B) described in subparagraph 12.3.4 of the 
Settlement Agreement.
(38) Hopi tribe om&r trust fund account.--The term ``Hopi 
Tribe OM&R Trust Fund Account'' means the account--
(A) established under section 11(b)(2); and
(B) described in subparagraph 12.3.2 of the 
Settlement Agreement.
(39) Hopi tribe upper basin colorado river water.--The term 
``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300 
AFY of Arizona Upper Basin Colorado River Water allocated to 
the Hopi Tribe--
(A) pursuant to section 6(a)(2); and
(B) as provided in subparagraphs 5.7 and 11.1.1 of 
the Settlement Agreement.
(40) Hopi tribe water delivery contract.--The term ``Hopi 
Tribe Water Delivery Contract'' means 1 or more contracts 
entered into by Secretary and the Hopi Tribe in accordance with 
section 6 and pursuant to paragraph 11 of the Settlement 
Agreement for the delivery of Hopi Tribe Upper Basin Colorado 
River Water or Hopi Tribe Cibola Water.
(41) Hopi trust land.--The term ``Hopi Trust Land'' means 
land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the Hopi Reservation; and
(C) as of the Enforceability Date, is held in trust 
by the United States for the Hopi Tribe.
(42) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba 
- paa tuwaqat'si pipeline'' means the water project described 
in--
(A) section 8; and
(B) subparagraph 12.1 of the Settlement Agreement.
(43) Iina ba - paa tuwaqat'si pipeline implementation fund 
account.--The term ``iina ba - paa tuwaqat'si pipeline 
Implementation Fund Account'' means the account--
(A) established under section 9(a); and
(B) described in subparagraph 12.1.1 of the 
Settlement Agreement.
(44) Impoundment.--The term ``impoundment'' means a human-
made structure used to store water.
(45) Injury to water.--The term ``Injury to Water'' means 
injury to Water based on changes in or degradation of the 
salinity or concentration of naturally occurring chemical 
constituents contained in Water due to a diversion or Use of 
Water that is not--
(A) inconsistent with the Settlement Agreement as 
revised pursuant to section 16(a)(1);
(B) inconsistent with this Act; and
(C) in violation of State law.
(46) Injury to water rights.--
(A) In general.--The term ``Injury to Water 
Rights'' means an interference with, diminution of, or 
deprivation of Water Rights under Federal, State, or 
other law.
(B) Exclusion.--The term ``Injury to Water Rights'' 
does not include any injury to water quality.
(47) Irrigation.--The term ``irrigation'' means the Use of 
water on 2 or more acres of land to produce plants or parts of 
plants--
(A) for sale or human consumption; or
(B) as feed for livestock, range livestock, or 
poultry.
(48) LCR.--The term ``LCR'' means the Little Colorado 
River.
(49) LCR adjudication.--The term ``LCR Adjudication'' means 
the action pending in the Superior Court of the State, in and 
for the County of Apache, In re: the General Adjudication of 
All Rights to Use Water in the Little Colorado River System and 
Source, CIV No. 6417.
(50) LCR adjudication court.--The term ``LCR Adjudication 
Court'' means the Superior Court of the State, in and for the 
County of Apache, exercising jurisdiction over the LCR 
Adjudication.
(51) LCR decree.--The term ``LCR Decree'' means the 
judgment or decree entered by the LCR Adjudication Court in 
substantially the same form as the form of judgment attached as 
Exhibit 3.1.82 to the Settlement Agreement.
(52) LCR watershed.--The term ``LCR Watershed'' means land 
located within the Surface Water drainage of the LCR and its 
tributaries in the State, as shown on the map attached as 
Exhibit 3.1.83 to the Settlement Agreement.
(53) Lease period.--The term ``Lease Period'' means the 
period of time during which the Navajo Nation and the Hopi 
Tribe are authorized to execute leases of Arizona Colorado 
River Water allocated to the Navajo Nation and the Hopi Tribe 
under this Act, which shall be determined pursuant to 
subparagraphs (C) and (D) of section 7(b)(2).
(54) Lower basin.--The term ``Lower Basin'' has the meaning 
given the term in article II(g) of the Colorado River Compact.
(55) Member.--The term ``Member'' means any person duly 
enrolled as a member of the Navajo Nation, the Hopi Tribe, or 
the San Juan Southern Paiute Tribe.
(56) NAIWRSA system conservation program.--The term 
``NAIWRSA System Conservation Program'' means the 20-year 
program to store 17,050 AFY of System Conservation Eligible 
Water in Lake Powell by the Navajo Nation and the Hopi Tribe, 
as described in section 6(c)(4)(C).
(57) Navajo allotment.--The term ``Navajo Allotment'' means 
a parcel of land patented pursuant to section 1 of the Act of 
February 8, 1887 (commonly known as the ``Indian General 
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as 
in effect on the day before the date of enactment of the Indian 
Land Consolidation Act Amendments of 2000 (Public Law 106-462; 
114 Stat. 1991))--
(A) originally allotted to an individual identified 
in the allotting document as a Navajo Indian;
(B) located within the exterior boundaries of the 
Navajo Reservation; and
(C) held in trust by the United States for the 
benefit of 1 or more individual Indians.
(58) Navajo allottee.--The term ``Navajo Allottee'' means--
(A) an individual Indian holding a beneficial 
interest in a Navajo Allotment; or
(B) an Indian Tribe holding an undivided fractional 
beneficial interest in a Navajo Allotment.
(59) Navajo fee land.--The term ``Navajo Fee Land'' means 
land, other than Navajo Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the Navajo Reservation; and
(C) as of the Enforceability Date, is owned by the 
Navajo Nation, whether in its own name or through an 
entity wholly owned or controlled by the Navajo Nation.
(60) Navajo-gallup water supply project; project.--The 
terms ``Navajo-Gallup Water Supply Project'' and ``Project'' 
mean the project authorized, constructed, and operated pursuant 
to part III of the Northwestern New Mexico Rural Water Projects 
Act (Public Law 111-11; 123 Stat. 1379).
(61) Navajo land.--The term ``Navajo Land'' means--
(A) the Navajo Reservation;
(B) Navajo Trust Land; and
(C) Navajo Fee Land.
(62) Navajo nation.--
(A) In general.--The term ``Navajo Nation'' means 
the Navajo Nation, a body politic and federally 
recognized Indian nation recognized by the Secretary in 
the notice of the Secretary entitled ``Indian Entities 
Recognized by and Eligible To Receive Services From the 
United States Bureau of Indian Affairs'' (89 Fed. Reg. 
944 (January 8, 2024)), and also known variously as the 
``Navajo Tribe'', the ``Navajo Tribe of Arizona, New 
Mexico & Utah'', the ``Navajo Tribe of Indians'', and 
other similar names.
(B) Inclusions.--The term ``Navajo Nation'' 
includes all bands of Navajo Indians and chapters of 
the Navajo Nation.
(63) Navajo nation agricultural conservation trust fund 
account.--The term ``Navajo Nation Agricultural Conservation 
Trust Fund Account'' means the account--
(A) established under section 10(b)(3); and
(B) described in subparagraph 12.2.4 of the 
Settlement Agreement.
(64) Navajo nation cibola water.--The term ``Navajo Nation 
Cibola Water'' means the entitlement of the Navajo Nation to 
the diversion of up to 100 AFY of Fourth Priority Water at the 
same location and for the same Uses described in the Hopi Tribe 
Existing Cibola Contract or the delivery and consumptive use of 
up to 71.5 AFY of Fourth Priority Water at locations and for 
Uses within the State other than as described in the Hopi Tribe 
Existing Cibola Contract, which shall have been assigned and 
transferred by the Hopi Tribe from its Cibola Water under the 
Hopi Tribe Existing Cibola Contract to the Navajo Nation.
(65) Navajo nation fourth priority water.--The term 
``Navajo Nation Fourth Priority Water'' means the diversion 
right to 3,500 AFY of Fourth Priority Water reserved for Use in 
a Navajo-Hopi Indian water rights settlement under paragraph 
11.3 of the Arizona Water Settlement Agreement among the United 
States, the State, and the Central Arizona Water Conservation 
District--
(A) as authorized by paragraphs (1) and (2) of 
section 106(a) of the Central Arizona Project 
Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
3492);
(B) as allocated to the Navajo Nation pursuant to 
section 6; and
(C) as described in subparagraphs 4.9 and 10.1 of 
the Settlement Agreement.
(66) Navajo nation lower basin colorado river water 
acquisition trust fund account.--The term ``Navajo Nation Lower 
Basin Colorado River Water Acquisition Trust Fund Account'' 
means the account--
(A) established under section 10(b)(5); and
(B) described in subparagraph 12.2.5 of the 
Settlement Agreement.
(67) Navajo nation om&r trust fund account.--The term 
``Navajo Nation OM&R Trust Fund Account'' means the account--
(A) established under section 10(b)(2); and
(B) described in subparagraph 12.2.2 of the 
Settlement Agreement.
(68) Navajo nation renewable energy trust fund account.--
The term ``Navajo Nation Renewable Energy Trust Fund Account'' 
means the account--
(A) established under section 10(b)(4); and
(B) described in subparagraph 12.2.3 of the 
Settlement Agreement.
(69) Navajo nation upper basin colorado river water.--The 
term ``Navajo Nation Upper Basin Colorado River Water'' means 
the 44,700 AFY of Arizona Upper Basin Colorado River Water--
(A) allocated to the Navajo Nation pursuant to 
section 6(a)(1); and
(B) described in subparagraphs 4.7 and 10.1 of the 
Settlement Agreement.
(70) Navajo nation water delivery contract.--The term 
``Navajo Nation Water Delivery Contract'' means 1 or more 
contracts entered into by the Secretary and the Navajo Nation 
in accordance with section 6 and pursuant to paragraph 10 of 
the Settlement Agreement for the delivery of Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
or Navajo Nation Fourth Priority Water.
(71) Navajo nation water projects.--The term ``Navajo 
Nation Water Projects'' means the projects described in--
(A) section 10(f)(1); and
(B) subparagraph 12.2.1 of the Settlement 
Agreement.
(72) Navajo nation water projects trust fund account.--The 
term ``Navajo Nation Water Projects Trust Fund Account'' means 
the account--
(A) established under section 10(b)(1); and
(B) described in subparagraph 12.2.1 of the 
Settlement Agreement.
(73) Navajo reservation.--
(A) In general.--The term ``Navajo Reservation'' 
means--
(i) land within the exterior boundaries of 
the ``Navajo Indian Reservation'' in the State, 
as defined by the Act of June 14, 1934 (48 
Stat. 960, chapter 521);
(ii) land withdrawn by the Executive Order 
of December 16, 1882, and partitioned to the 
Navajo Nation in accordance with section 8(b) 
of the Act of December 22, 1974 (Public Law 93-
531; 88 Stat. 1715), by Judgment of Partition, 
February 10, 1977, Sekaquaptewa v. MacDonald, 
Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 626 
F.2d 113 (9th Cir. 1980);
(iii) land taken into trust as a part of 
the Navajo Reservation before the Effective 
Date pursuant to the Act of December 22, 1974 
(Public Law 93-531; 88 Stat. 1712), a copy of 
which is attached as Exhibit 3.1.112B to the 
Settlement Agreement; and
(iv) any land taken into trust as part of 
the Navajo Reservation after the Effective Date 
pursuant to the Act of December 22, 1974 
(Public Law 93-531; 88 Stat. 1712), except as 
provided in subparagraphs 3.1.12, 3.1.13, 
3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1 
of the Settlement Agreement.
(B) Exclusions.--The term ``Navajo Reservation'' 
does not include land within the Hopi Reservation or 
the San Juan Southern Paiute Reservation.
(C) Map.--Subject to subparagraph (D), the 
descriptions of the Navajo Reservation in clauses (i) 
through (iv) of subparagraph (A) are generally shown on 
the map attached as Exhibit 3.1.112A to the Settlement 
Agreement.
(D) Conflict.--In the case of a conflict between 
the definition in subparagraphs (A) and (B) and Exhibit 
3.1.112A of the Settlement Agreement, the definition in 
those subparagraphs shall control.
(74) Navajo tribal utility authority.--The term ``Navajo 
Tribal Utility Authority'' means the enterprise established by 
the Navajo Nation pursuant to chapter 1, section 21 of the 
Navajo Nation Code, or a successor agency or entity.
(75) Navajo trust land.--The term ``Navajo Trust Land'' 
means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the Navajo Reservation; and
(C) as of the Enforceability Date, is held in trust 
by the United States for the Navajo Nation.
(76) Navajo-utah water rights settlement.--The term 
``Navajo-Utah Water Rights Settlement'' means the Navajo Utah 
Water Rights Settlement Agreement approved, ratified, and 
confirmed pursuant to section 1102 of title XI of division FF 
of Public Law 116-260 (134 Stat. 3224).
(77) Off-reservation.--The term ``Off-Reservation'' means 
land located in the State outside the exterior boundaries of--
(A) the Navajo Reservation;
(B) the Hopi Reservation; and
(C) the San Juan Southern Paiute Reservation.
(78) OM&R.--The term ``OM&R'' means operation, maintenance, 
and replacement.
(79) Party.--The term ``Party'' mean a Person that is a 
signatory to the Settlement Agreement.
(80) Person.--
(A) In general.--The term ``Person'' means--
(i) an individual;
(ii) a public or private corporation;
(iii) a company;
(iv) a partnership;
(v) a joint venture;
(vi) a firm;
(vii) an association;
(viii) a society;
(ix) an estate or trust;
(x) any other private organization or 
enterprise;
(xi) the United States;
(xii) an Indian Tribe;
(xiii) a State, territory, or country;
(xiv) a governmental entity; and
(xv) any political subdivision or municipal 
corporation organized under or subject to the 
constitution and laws of the State.
(B) Inclusions.--The term ``Person'' includes the 
officers, directors, agents, insurers, representatives, 
employees, attorneys, assigns, subsidiaries, 
affiliates, enterprises, legal representatives, 
predecessors, and successors in interest and their 
heirs, of any entity or individual described in 
subparagraph (A).
(81) Public domain allotment outside the navajo 
reservation.--The term ``Public Domain Allotment outside the 
Navajo Reservation'' means any of the 51 parcels of land 
allotted to individual Indians from the public domain pursuant 
to section 4 of the Act of February 8, 1887 (commonly known as 
the ``Indian General Allotment Act'') (24 Stat. 389, chapter 
119; 25 U.S.C. 334) that is--
(A) held in trust by the United States for the 
benefit of 1 or more individual Indians or Indian 
Tribes; and
(B) located outside the exterior boundaries of the 
Navajo Reservation and the Hopi Reservation, as 
depicted on the map attached as Exhibit 3.1.132A to the 
Settlement Agreement.
(82) Public domain allotment within the navajo 
reservation.--The term ``Public Domain Allotment within the 
Navajo Reservation'' means any land allotted to individual 
Indians from the public domain that is--
(A) held in trust by the United States for the 
benefit of 1 or more individual Indians or Indian 
Tribes;
(B) located within the exterior boundaries of the 
Navajo Reservation; and
(C) described in Exhibit 3.1.131 to the Settlement 
Agreement.
(83) Public domain allottee.--The term ``Public Domain 
Allottee'' means an individual Indian or Indian Tribe holding a 
beneficial interest in--
(A) a Public Domain Allotment outside the Navajo 
Reservation; or
(B) a Public Domain Allotment within the Navajo 
Reservation.
(84) San juan southern paiute fee land.--The term ``San 
Juan Southern Paiute Fee Land'' means land, other than San Juan 
Southern Paiute Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the San Juan Southern Paiute Reservation; and
(C) as of the Enforceability Date, is owned by the 
San Juan Southern Paiute Tribe, whether in its own name 
or through an entity wholly owned or controlled by the 
San Juan Southern Paiute Tribe.
(85) San juan southern paiute groundwater projects.--The 
term ``San Juan Southern Paiute Groundwater Projects'' means 
the projects described in--
(A) section 12(f)(1); and
(B) subparagraph 12.4.1 of the Settlement 
Agreement.
(86) San juan southern paiute land.--The term ``San Juan 
Southern Paiute Land'' means--
(A) the San Juan Southern Paiute Southern Area;
(B) San Juan Southern Paiute Trust Land; and
(C) San Juan Southern Paiute Fee Land.
(87) San juan southern paiute northern area.--The term 
``San Juan Southern Paiute Northern Area'' means the land--
(A) located in the State of Utah; and
(B) depicted on the map attached as Exhibit 3.1.146 
to the Settlement Agreement.
(88) San juan southern paiute reservation.--The term ``San 
Juan Southern Paiute Reservation'' means the approximately 
5,400 acres of land--
(A) located in the State and the State of Utah; and
(B) consisting of the San Juan Southern Paiute 
Northern Area and the San Juan Southern Paiute Southern 
Area, as depicted in the maps attached as Exhibits 
3.1.146 and 3.1.147 to the Settlement Agreement.
(89) San juan southern paiute tribe agricultural 
conservation trust fund account.--The term ``San Juan Southern 
Paiute Tribe Agricultural Conservation Trust Fund Account'' 
means the account--
(A) established under section 12(b)(2); and
(B) described in subparagraph 12.4.3 of the 
Settlement Agreement.
(90) San juan southern paiute tribe groundwater projects 
trust fund account.--The term ``San Juan Southern Paiute Tribe 
Groundwater Projects Trust Fund Account'' means the account--
(A) established under section 12(b)(1); and
(B) described in subparagraph 12.4.1 of the 
Settlement Agreement.
(91) San juan southern paiute tribe om&r trust fund 
account.--The term ``San Juan Southern Paiute Tribe OM&R Trust 
Fund Account'' means the account--
(A) established under section 12(b)(3); and
(B) described in subparagraph 12.4.2 of the 
Settlement Agreement.
(92) San juan southern paiute southern area.--The term 
``San Juan Southern Paiute Southern Area'' means the land 
located in the State and depicted on the map attached as 
Exhibit 3.1.147 to the Settlement Agreement.
(93) San juan southern paiute tribe.--The term ``San Juan 
Southern Paiute Tribe'' means the San Juan Southern Paiute 
Tribe, a body politic and federally recognized Indian Tribe, as 
recognized by the Secretary in the notice of the Secretary 
entitled ``Indian Entities Recognized by and Eligible To 
Receive Services From the United States Bureau of Indian 
Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).
(94) San juan southern paiute trust land.--The term ``San 
Juan Southern Paiute Trust Land'' means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of 
the San Juan Southern Paiute Reservation; and
(C) as of the Enforceability Date, is held in trust 
by the United States for the San Juan Southern Paiute 
Tribe.
(95) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
(96) Settlement agreement.--The term ``Settlement 
Agreement'' means--
(A) the Northeastern Arizona Indian Water Rights 
Settlement Agreement dated as of May 9, 2024; and
(B) any exhibits attached to that agreement.
(97) Sixth priority water.--The term ``Sixth Priority 
Water'' has the meaning given the term in the Hopi Tribe 
Existing Cibola Contract.
(98) State.--The term ``State'' means the State of Arizona.
(99) Surface water.--
(A) In general.--The term ``Surface Water'' means 
all water in the State that is appropriable under State 
law.
(B) Exclusion.--The term ``Surface Water'' does not 
include Colorado River Water.
(100) System conservation.--The term ``System 
Conservation'' means a voluntary reduction of consumptive use 
of Arizona Colorado River Water that can be estimated or 
measured, including municipal and industrial conservation 
efforts and the fallowing of agricultural land, to create 
conserved water to benefit the Colorado River System.
(101) System conservation eligible water.--
(A) In general.--The term ``System Conservation 
Eligible Water'' means 34,100 AFY of Navajo Nation 
Upper Basin Colorado River Water and Hopi Tribe Upper 
Basin Colorado River Water, allocated between the 
Navajo Nation and the Hopi Tribe consistent with 
section 6(c)(4)(C) and subclauses (I) and (II) of 
section 7(b)(2)(D)(ii).
(B) Period of time.--For purposes of this Act, the 
System Conservation Eligible Water is--
(i) deemed to have been consumptively used 
for a period of 50 years based on the 34,100 
AFY of Arizona Upper Basin Colorado River Water 
that was previously contracted for consumptive 
use by the Navajo Generating Station; and
(ii) a portion of the allocations of 
Arizona Upper Basin Colorado River Water to the 
Navajo Nation and the Hopi Tribe described in 
paragraphs (1)(A)(ii) and (2)(A)(ii) of section 
6(a).
(C) Eligibility.--For purposes of this Act, the 
System Conservation Eligible Water is eligible for the 
NAIWRSA System Conservation Program.
(102) Treaty.--The term ``Treaty'' means the Articles of 
Treaty and Agreement entered into by the Navajo Nation and the 
San Juan Southern Paiute Tribe to settle land claims and other 
disputes, as executed on March 18, 2000.
(103) Treaty addendum.--The term ``Treaty Addendum'' means 
the Addendum to the Treaty entered into by the Navajo Nation 
and the San Juan Southern Paiute Tribe on May 7, 2004.
(104) Tribe.--The term ``Tribe'' means, individually, as 
applicable--
(A) the Navajo Nation;
(B) the Hopi Tribe; or
(C) the San Juan Southern Paiute Tribe.
(105) Tribes.--The term ``Tribes'' means, collectively--
(A) the Navajo Nation;
(B) the Hopi Tribe; and
(C) the San Juan Southern Paiute Tribe.
(106) Underground water.--
(A) In general.--The term ``Underground Water'' 
means all water beneath the surface of the earth within 
the State, regardless of its legal characterization as 
appropriable or non-appropriable under Federal, State, 
or other law.
(B) Exclusions.--The term ``Underground Water'' 
does not include Colorado River Water or Effluent.
(107) United states.--
(A) In general.--The term ``United States'' means 
the United States, acting as trustee for the Tribes, 
their Members, the Hopi Allottees, and the Navajo 
Allottees, except as otherwise expressly provided.
(B) Clarification.--When used in reference to a 
particular agreement or contract, the term ``United 
States'' means the United States acting in the capacity 
as described in that agreement or contract.
(108) Upper basin.--The term ``Upper Basin'' has the 
meaning given the term in article II(f) of the Colorado River 
Compact.
(109) Upper basin colorado river water.--The term ``Upper 
Basin Colorado River Water'' means the waters of the Upper 
Basin.
(110) Upper colorado river basin compact of 1948.--The term 
``Upper Colorado River Basin Compact of 1948'' means the Upper 
Colorado River Basin Compact of 1948, as ratified and reprinted 
in article 3 of chapter 7 of title 45, Arizona Revised 
Statutes.
(111) Upper division states.--The term ``Upper Division 
States'' means the States of Wyoming, Colorado, New Mexico, and 
Utah, as described in the Colorado River Compact.
(112) Use.--The term ``Use'' means any beneficial use, 
including instream flow, recharge, storage, recovery, or any 
other use recognized as beneficial under applicable law.
(113) Water.--The term ``water'', when used without a 
modifying adjective, means Groundwater, Surface Water, Colorado 
River Water, or Effluent.
(114) Water right.--The term ``Water Right'' means any 
right in or to Groundwater, Surface Water, Colorado River 
Water, or Effluent under Federal, State, or other law.
(115) Well.--The term ``Well'' means a human-made opening 
in the earth through which Underground Water may be withdrawn 
or obtained.
(116) Zuni tribe.--The term ``Zuni Tribe'' means the body 
politic and federally recognized Indian Tribe, as recognized by 
the Secretary in the notice of the Secretary entitled ``Indian 
Entities Recognized by and Eligible To Receive Services From 
the United States Bureau of Indian Affairs'' (89 Fed. Reg. 944 
(January 8, 2024)).

SEC. 4. RATIFICATION AND EXECUTION OF THE NORTHEASTERN ARIZONA INDIAN 
WATER RIGHTS SETTLEMENT AGREEMENT.

(a) Ratification.--
(1) In general.--Except as modified by this Act and to the 
extent the Settlement Agreement does not conflict with this 
Act, the Settlement Agreement is authorized, ratified, and 
confirmed.
(2) Amendments.--If an amendment to the Settlement 
Agreement, or to any exhibit attached to the Settlement 
Agreement requiring the signature of the Secretary, is executed 
in accordance with this Act to make the Settlement Agreement 
consistent with this Act, the amendment is authorized, 
ratified, and confirmed, to the extent the amendment is 
consistent with this Act.
(b) Execution of Settlement Agreement.--
(1) In general.--To the extent the Settlement Agreement 
does not conflict with this Act, the Secretary shall execute 
the Settlement Agreement, including all exhibits to the 
Settlement Agreement requiring the signature of the Secretary.
(2) Modifications.--
(A) In general.--Nothing in this Act prohibits the 
Secretary from approving any modification to the 
Settlement Agreement, including any exhibit to the 
Settlement Agreement, that is consistent with this Act, 
to the extent the modification does not otherwise 
require congressional approval under section 2116 of 
the Revised Statutes (25 U.S.C. 177) or any other 
applicable Federal law.
(B) Abstracts.--Prior to the execution of the 
Settlement Agreement by the Secretary, the abstracts 
attached as Exhibits to the Settlement Agreement shall 
be modified, as necessary--
(i) to correct errors or omissions to the 
satisfaction of the Parties; and
(ii) to conform with applicable Federal and 
State law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Settlement Agreement 
(including all exhibits to the Settlement Agreement requiring 
the signature of the Secretary) and this Act, the Secretary 
shall comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.);
(B) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), including the implementing 
regulations of that Act; and
(C) all other Federal environmental laws and 
regulations.
(2) Compliance.--In implementing the Settlement Agreement 
and this Act, but excluding environmental compliance related to 
the iina ba - paa tuwaqat'si pipeline, the applicable Tribe 
shall prepare any necessary environmental documents consistent 
with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.);
(B) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), including the implementing 
regulations of that Act; and
(C) all other Federal environmental laws and 
regulations.
(d) Authorizations.--The Secretary shall--
(1) independently evaluate the documentation submitted 
under subsection (c)(2); and
(2) be responsible for the accuracy, scope, and contents of 
that documentation.
(e) Effect of Execution.--The execution of the Settlement Agreement 
by the Secretary under this section shall not constitute a major 
Federal action for purposes of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
(f) Costs.--
(1) In general.--Except as provided in paragraph (2), any 
costs associated with the performance of the compliance 
activities under subsection (c) shall be paid from funds 
deposited in the Navajo Nation Water Projects Trust Fund 
Account, the Hopi Tribe Groundwater Projects Trust Fund 
Account, or the San Juan Southern Paiute Tribe Groundwater 
Projects Trust Fund Account, as applicable, subject to the 
condition that any costs associated with the performance of 
Federal approval or other review of that compliance work or 
costs associated with inherently Federal functions shall remain 
the responsibility of the Secretary.
(2) Iina ba - paa tuwaqat'si pipeline.--Any costs 
associated with the performance of the compliance activities 
under subsection (c) relating to the iina ba - paa tuwaqat'si 
pipeline shall be paid from funds deposited in the iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account.

SEC. 5. WATER RIGHTS.

(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Navajo Nation, the 
Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo 
Allottees, and the Hopi Allottees as described in the 
Settlement Agreement are ratified, confirmed, and declared to 
be valid.
(2) Use.--Any use of water pursuant to the Water Rights 
described in paragraph (1) by the Navajo Nation, the Hopi 
Tribe, the San Juan Southern Paiute Tribe, the Navajo 
Allottees, or the Hopi Allottees shall be subject to the terms 
and conditions of the Settlement Agreement and this Act.
(3) Conflict.--In the event of a conflict between the 
Settlement Agreement and this Act, this Act shall control.
(b) Intent of Congress.--It is the intent of Congress to provide to 
the Navajo Allottees benefits that are equivalent to, or exceed, the 
benefits the Navajo Allottees possess on the day before the date of 
enactment of this Act, taking into consideration--
(1) the potential risks, cost, and time delay associated 
with litigation that would be resolved by the Settlement 
Agreement and this Act;
(2) the availability of funding under this Act and from 
other sources;
(3) the availability of water from the Water Rights of the 
Navajo Nation, as described in the Settlement Agreement; and
(4) the applicability of section 7 of the Act of February 
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
Act to protect the interests of the Navajo Allottees.
(c) Water Rights To Be Held in Trust for the Tribes, the Navajo 
Allottees, and the Hopi Allottees.--The United States shall hold the 
following Water Rights in trust for the Navajo Nation, the Hopi Tribe, 
the San Juan Southern Paiute Tribe, the Navajo Allottees, and the Hopi 
Allottees:
(1) Navajo nation and the navajo allottees.--The United 
States shall hold the following Water Rights in trust for the 
Navajo Nation and Navajo Allottees:
(A) Underground Water described in subparagraph 4.2 
of the Settlement Agreement.
(B) Springs described in subparagraph 4.4 of the 
Settlement Agreement.
(C) Little Colorado River tributary water described 
in subparagraph 4.5 of the Settlement Agreement.
(D) Little Colorado River Mainstem water described 
in subparagraph 4.6 of the Settlement Agreement.
(E) Navajo Nation Upper Basin Colorado River Water 
described in subparagraph 4.7 of the Settlement 
Agreement.
(F) Navajo Nation Fourth Priority Water described 
in subparagraph 4.9 of the Settlement Agreement.
(G) Water Rights appurtenant to or associated with 
land held in trust by the United States for the Navajo 
Nation, as described in subparagraphs 4.12, 4.13, 4.15, 
and 4.16 of the Settlement Agreement.
(2) Hopi tribe.--The United States shall hold the following 
Water Rights in trust for the Hopi Tribe:
(A) Underground Water described in subparagraph 5.2 
of the Settlement Agreement.
(B) Surface Water described in subparagraph 5.4 of 
the Settlement Agreement.
(C) Springs described in subparagraph 5.5 of the 
Settlement Agreement.
(D) Hopi Tribe Upper Basin Colorado River Water 
described in subparagraph 5.7 of the Settlement 
Agreement.
(E) Water Rights appurtenant to or associated with 
land held in trust by the United States for the Hopi 
Tribe, as described in subparagraphs 5.10, 5.11, 5.12, 
and 5.13 of the Settlement Agreement.
(3) San juan southern paiute tribe.--The United States 
shall hold the following Water Rights in trust for the San Juan 
Southern Paiute Tribe:
(A) Underground Water described in subparagraph 
6.2.3 of the Settlement Agreement.
(B) Surface Water described in subparagraph 6.2.4 
of the Settlement Agreement.
(C) Springs described in subparagraph 6.2.6 of the 
Settlement Agreement.
(D) Water Rights appurtenant to or associated with 
land held in trust by the United States for the San 
Juan Southern Paiute Tribe, as described in 
subparagraphs 6.5 and 6.6 of the Settlement Agreement.
(4) Hopi allottees.--The United States shall hold the Water 
Rights described in subparagraph 5.9 of the Settlement 
Agreement in trust for the Hopi Allottees.
(d) Places of Use.--
(1) Navajo nation and navajo allottees.--
(A) In general.--The rights of the Navajo Nation, 
and the United States acting as trustee for the Navajo 
Nation, to the water described in subparagraphs 4.2, 
4.4, 4.5, and 4.6 of the Settlement Agreement may be 
used anywhere on the Navajo Reservation or on Off-
Reservation land held in trust by the United States for 
the Navajo Nation, but, except as provided in 
subparagraph (F), may not be sold, leased, transferred, 
or in any way used off of the Navajo Reservation or off 
of Off-Reservation land held in trust by the United 
States for the Navajo Nation.
(B) Other places of use.--The place of Use of 
Navajo Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, and Navajo Nation Fourth Priority 
Water are as described in section 6(b)(1).
(C) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United 
States for the Navajo Nation shall be governed 
by subparagraphs 4.12, 4.13, 4.15, 4.16, and 
4.18.1 of the Settlement Agreement.
(ii) Use.--Except as provided in 
subparagraph (F), the water referred to in 
clause (i) may be used only on the Navajo 
Reservation and on Off-Reservation land held in 
trust by the United States for the Navajo 
Nation.
(D) Water use on fee land.--Water Use on land owned 
in fee by the Navajo Nation shall be governed by 
subparagraphs 4.11, 4.12, 4.13, 4.14, 4.15, and 4.16 of 
the Settlement Agreement.
(E) Restrictions.--The rights of a Navajo Allottee, 
or the United States acting as trustee for a Navajo 
Allottee, to use water described in subparagraph 4.10.1 
of the Settlement Agreement on a Navajo Allotment may 
not be sold, leased, transferred, or in any way used 
off of the Navajo Allotment, except for Use on the 
Navajo Reservation pursuant to the Navajo Nation Water 
Code.
(F) Water for municipal use.--Notwithstanding 
subparagraphs (A) and (C)(ii) and subparagraph 7.2.3.1 
of the Settlement Agreement, the Navajo Nation or the 
United States acting as trustee for the Navajo Nation 
may provide water for municipal Use off of the Navajo 
Reservation from facilities that are physically 
connected to facilities on the Navajo Reservation.
(2) Hopi tribe and hopi allottees.--
(A) In general.--The rights of the Hopi Tribe, and 
the United States acting as trustee for the Hopi Tribe, 
to the water described in subparagraphs 5.2, 5.4, and 
5.5 of the Settlement Agreement may be used anywhere on 
the Hopi Reservation or on Off-Reservation land held in 
trust by the United States for the Hopi Tribe, but, 
except as provided in subparagraph (F), may not be 
sold, leased, transferred, or in any way used off of 
the Hopi Reservation or off of Off-Reservation land 
held in trust by the United States for the Hopi Tribe.
(B) Other places of use.--The place of Use of Hopi 
Tribe Upper Basin Colorado River Water and Hopi Tribe 
Cibola Water are as described in section 6(b)(2).
(C) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United 
States for the Hopi Tribe shall be governed by 
subparagraphs 5.10, 5.11, 5.12, 5.13, and 
5.15.1 of the Settlement Agreement.
(ii) Use.--Except as provided in 
subparagraph (F), the water referred to in 
clause (i) may be used only on the Hopi 
Reservation and on Off-Reservation land held in 
trust by the United States for the Hopi Tribe.
(D) Water use on fee land.--Water Use on land owned 
in fee by the Hopi Tribe shall be governed by 
subparagraphs 5.10, 5.11, and 5.12 of the Settlement 
Agreement.
(E) Restrictions.--The rights of a Hopi Allottee, 
or the United States acting as trustee for a Hopi 
Allottee, to use water described in subparagraph 5.9 of 
the Settlement Agreement on a Hopi Allotment may not be 
sold, leased, transferred, or in any way used off of 
the Hopi Allotment.
(F) Water for municipal use.--Notwithstanding 
subparagraphs (A) and (C)(ii) and subparagraph 7.2.3.1 
of the Settlement Agreement, the Hopi Tribe or the 
United States acting as trustee for the Hopi Tribe may 
provide water for municipal Use off of the Hopi 
Reservation from facilities that are physically 
connected to facilities on the Hopi Reservation.
(3) San juan southern paiute tribe.--
(A) In general.--The rights of the San Juan 
Southern Paiute Tribe, and the United States acting as 
trustee for the San Juan Southern Paiute Tribe, to the 
water described in subparagraphs 6.2.3, 6.2.4, and 
6.2.6 of the Settlement Agreement may be used on the 
San Juan Southern Paiute Southern Area or on Off-
Reservation land held in trust by the United States for 
the San Juan Southern Paiute Tribe, but may not be 
sold, leased, transferred, or in any way used off of 
the San Juan Southern Paiute Southern Area or off of 
Off-Reservation land held in trust by the United States 
for the San Juan Southern Paiute Tribe.
(B) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United 
States for the San Juan Southern Paiute Tribe 
shall be governed by subparagraphs 6.5, 6.6, 
and 6.7.1 of the Settlement Agreement.
(ii) Use.--Except as provided in 
subparagraph (D), the water referred to in 
clause (i) may be used only on the San Juan 
Southern Paiute Southern Area and on Off-
Reservation land held in trust by the United 
States for the San Juan Southern Paiute Tribe.
(C) Water use on fee land.--Water Use on land owned 
in fee by the San Juan Southern Paiute Tribe shall be 
governed by subparagraphs 6.4, 6.5, and 6.6 of the 
Settlement Agreement.
(D) Water for municipal use.--Notwithstanding 
subparagraphs (A) and (B)(ii) and subparagraph 7.2.3.1 
of the Settlement Agreement, and subject to 
subparagraph 12.5.1.3 of the Settlement Agreement, the 
San Juan Southern Paiute Tribe or the United States 
acting as trustee for the San Juan Southern Paiute 
Tribe may provide water for municipal Use off of the 
San Juan Southern Paiute Southern Area from facilities 
that are physically connected to facilities on the San 
Juan Southern Paiute Southern Area.
(e) Nonuse, Forfeiture, and Abandonment.--
(1) Navajo nation and navajo allottees.--Water Rights of 
the Navajo Nation and the Navajo Allottees described in 
subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the 
Settlement Agreement and Water Rights relating to land held in 
trust by the United States for the Navajo Nation, as described 
in subparagraphs 4.12, 4.13, 4.15, and 4.16 of the Settlement 
Agreement, shall not be subject to loss by non-use, forfeiture, 
or abandonment.
(2) Hopi tribe.--Water Rights of the Hopi Tribe described 
in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement 
Agreement and Water Rights relating to land held in trust by 
the United States for the Hopi Tribe, as described in 
subparagraphs 5.10, 5.11, 5.12, and 5.13 of the Settlement 
Agreement, shall not be subject to loss by non-use, forfeiture, 
or abandonment.
(3) San juan southern paiute tribe.--Water Rights of the 
San Juan Southern Paiute Tribe described in subparagraphs 
6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not 
be subject to loss by non-use, forfeiture, or abandonment.
(4) Hopi allottees.--Water Rights of the Hopi Allottees 
described in subparagraph 5.9 of the Settlement Agreement shall 
not be subject to loss by non-use, forfeiture, or abandonment.
(f) Navajo Allottees.--
(1) Applicability of the act of february 8, 1887.--Section 
7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), shall apply to the Water Rights described in 
subsection (c)(1).
(2) Entitlement to water.--The rights of Navajo Allottees, 
and the United States acting as trustee for Navajo Allottees, 
to use water on Navajo Allotments located on the Navajo 
Reservation shall be satisfied solely from the Water Rights 
described in subsection (c)(1).
(3) Allocations.--A Navajo Allottee shall be entitled to a 
just and equitable distribution of water for irrigation 
purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any 
claim against the United States under section 7 of the 
Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), or any other applicable law, a Navajo 
Allottee shall exhaust remedies available under the 
Navajo Nation Water Code or other applicable Navajo 
law.
(B) Action for relief.--After the exhaustion of all 
remedies available under the Navajo Nation Water Code 
or other applicable Navajo law pursuant to subparagraph 
(A), a Navajo Allottee may seek relief under section 7 
of the Act of February 8, 1887 (24 Stat. 390, chapter 
119; 25 U.S.C. 381), or other applicable law.
(5) Authority of the secretary.--The Secretary may protect 
the rights of Navajo Allottees in accordance with this 
subsection.
(g) Navajo Nation Water Code.--
(1) In general.--The Navajo Nation Water Code shall 
provide--
(A) that Use of water by Navajo Allottees shall be 
satisfied with water from the Water Rights described in 
subsection (c)(1);
(B) a process by which a Navajo Allottee may 
request that the Navajo Nation allocate water in 
accordance with the Settlement Agreement, including the 
provision of water under any Navajo Allottee lease 
under section 4 of the Act of June 25, 1910 (36 Stat. 
856, chapter 431; 25 U.S.C. 403);
(C) a due process system for the consideration and 
determination by the Navajo Nation of any request of a 
Navajo Allottee (or a successor in interest to a Navajo 
Allottee) for an allocation of water on a Navajo 
Allotment, including a process for--
(i) appeal and adjudication of any denied 
or disputed distribution of water; and
(ii) resolution of any contested 
administrative decision; and
(D) a requirement that any Navajo Allottee 
asserting a claim relating to the enforcement of rights 
of the Navajo Allottee under the Navajo Nation Water 
Code, including to the quantity of water allocated to 
land of the Navajo Allottee, shall exhaust all remedies 
available to the Navajo Allottee under Navajo law 
before initiating an action against the United States 
or petitioning the Secretary pursuant to subsection 
(f)(4)(B).
(2) Tribal consultation.--
(A) In general.--After consultation with the Navajo 
Nation, the Secretary shall determine whether the 
Navajo Nation Water Code in effect on the date of 
enactment of this Act satisfies the requirements of 
paragraph (1).
(B) Satisfies requirements.--If the Secretary 
determines that the Navajo Nation Water Code in effect 
on the date of enactment of this Act satisfies the 
requirements of paragraph (1), the Secretary shall 
notify the Navajo Nation of that determination in 
writing.
(C) Does not satisfy requirement.--If the Secretary 
determines that the Navajo Nation Water Code in effect 
on the date of enactment of this Act does not satisfy 
the requirements of paragraph (1), the Secretary shall 
notify the Navajo Nation in writing that amendments are 
necessary to satisfy the requirements of subsection 
(g)(1).
(3) Navajo nation action.--Not later than 3 years after the 
date on which the Secretary notifies the Navajo Nation pursuant 
to paragraph (2)(C), the Navajo Nation shall amend the Navajo 
Nation Water Code and submit to the Secretary the amendments to 
the Navajo Nation Water Code for review and approval pursuant 
to subsection (h).
(h) Action by the Secretary.--
(1) In general.--The Secretary shall administer, with 
respect to the rights of the Navajo Allottees, the Water Rights 
identified under subsection (c)(1) during the period beginning 
on the date of enactment of this Act and ending on the earlier 
of--
(A) the date on which the Secretary provides notice 
to the Navajo Nation pursuant to paragraph (2)(B) of 
subsection (g) that the Navajo Nation Water Code 
satisfies the requirements of paragraph (1) of that 
subsection; and
(B) the date on which the Secretary has approved 
amendments to the Navajo Nation Water Code submitted 
pursuant to subsection (g)(3).
(2) Approval.--The Navajo Nation Water Code amendments 
described in subsection (g)(3) shall not be valid unless--
(A) the amendments described in that subsection 
have been approved by the Secretary; and
(B) each subsequent amendment to the Navajo Nation 
Water Code that affects the rights of a Navajo Allottee 
is approved by the Secretary.
(3) Approval period.--
(A) Approval period.--If the Secretary requires 
amendments to the Navajo Nation Water Code pursuant to 
paragraph (2)(C) of subsection (g), the Secretary shall 
approve or disapprove the amendments to the Navajo 
Nation Water Code described in paragraph (3) of that 
subsection not later than 180 days after the date on 
which the amendments are submitted to the Secretary.
(B) Extension.--The deadline described in 
subparagraph (A) may be extended by the Secretary after 
consultation with the Navajo Nation.
(i) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
(1) authorizes any action by a Navajo Allottee against any 
individual or entity, or against the Navajo Nation, under 
Federal, State, Tribal, or local law; or
(2) alters or affects the status of any action brought 
pursuant to section 1491(a) of title 28, United States Code.

SEC. 6. ALLOCATION AND ASSIGNMENT OF ARIZONA COLORADO RIVER WATER TO 
THE TRIBES; WATER USE; STORAGE; WATER DELIVERY CONTRACTS.

(a) Allocation and Assignment to the Navajo Nation and the Hopi 
Tribe.--
(1) Allocation and assignment to the navajo nation.--
(A) Navajo nation upper basin colorado river 
water.--
(i) State agreement.--Pursuant to 
subparagraph 4.7.1 of the Settlement Agreement, 
the State has expressly agreed to the 
allocation described in clause (ii).
(ii) Allocation.--44,700 AFY of Arizona 
Upper Basin Colorado River Water is allocated 
to the Navajo Nation on the Enforceability 
Date.
(B) Navajo nation cibola water.--Pursuant to 
subparagraph 4.8.2 of the Settlement Agreement, the 
State has recommended the assignment of Navajo Nation 
Cibola Water by the Hopi Tribe to the Navajo Nation 
effective on the Enforceability Date.
(C) Navajo nation fourth priority water.--
(i) State recommendation.--Pursuant to 
subparagraph 4.9.1 of the Settlement Agreement, 
the State has recommended the allocation 
described in clause (ii).
(ii) Allocation.--3,500 AFY of uncontracted 
Fourth Priority Water reserved for Use in a 
Navajo-Hopi Indian Water Rights settlement 
under paragraph 11.3 of the Arizona Water 
Settlement Agreement among the United States, 
the State, and CAWCD, as authorized by 
paragraphs (1) and (2) of section 106(a) of the 
Central Arizona Project Settlement Act of 2004 
(Public Law 108-451; 118 Stat. 3492), is 
allocated to the Navajo Nation on the 
Enforceability Date.
(2) Allocation to hopi tribe and amendment to cibola 
contract.--
(A) Hopi tribe upper basin colorado river water.--
(i) State agreement.--Pursuant to 
subparagraph 5.7.1 of the Settlement Agreement, 
the State has expressly agreed to the 
allocation described in clause (ii).
(ii) Allocation.--2,300 AFY of Arizona 
Upper Basin Colorado River Water is allocated 
to the Hopi Tribe on the Enforceability Date.
(B) Hopi tribe cibola water.--Pursuant to 
subparagraph 5.8.1 of the Settlement Agreement, the 
State has recommended the amendment of the existing 
Hopi Tribe Cibola Contract to reduce the Fourth 
Priority Water diversion entitlement of the Hopi Tribe 
to 4,178 AFY, and to provide for additional Uses and 
places of Use of Hopi Tribe Cibola Water, effective on 
the Enforceability Date.
(b) Colorado River Water Use by the Navajo Nation and Hopi Tribe.--
(1) Colorado river water use by the navajo nation.--
(A) Navajo nation upper basin colorado river water 
use.--Subject to the limitations of this Act, the 
Navajo Nation may divert its Navajo Nation Upper Basin 
Colorado River Water in the State, the State of New 
Mexico, and the State of Utah for Use at any location 
in the State.
(B) Navajo nation cibola water.--Subject to the 
limitations of this Act, the Navajo Nation may divert 
its Navajo Nation Cibola Water in the State in the 
Upper Basin at Lake Powell or in the Lower Basin for 
Use at any location within the Lower Basin.
(C) Navajo nation fourth priority water.--The 
Navajo Nation may divert its Navajo Nation Fourth 
Priority Water in the State in the Upper Basin at Lake 
Powell or in the Lower Basin for Use at any location 
within the Lower Basin.
(D) No use outside of the state.--With the 
exception of water storage by the Navajo Nation at the 
Navajo Reservoir and the Frank Chee Willetto, Sr. 
Reservoir in the State of New Mexico, the Navajo Nation 
may not use, lease, exchange, forbear, or otherwise 
transfer any of the water described in subparagraphs 
(A), (B), and (C) for Use directly or indirectly 
outside of the State.
(2) Colorado river water use by the hopi tribe.--
(A) Hopi tribe upper basin colorado river water 
use.--Subject to the limitations of this Act, the Hopi 
Tribe may divert its Hopi Tribe Upper Basin Colorado 
River Water in the State for Use at any location in the 
State.
(B) Hopi tribe cibola water use.--The Hopi Tribe 
may divert its Hopi Tribe Cibola Water in the State in 
the Upper Basin at Lake Powell or in the Lower Basin 
for Use at any location within the Lower Basin.
(C) No use outside of the state.--The Hopi Tribe 
may not use, lease, exchange, forbear, or otherwise 
transfer any of the water described in subparagraphs 
(A) and (B) for Use directly or indirectly outside of 
the State.
(3) Curtailment.--
(A) Navajo nation.--
(i) Navajo nation cibola water and navajo 
nation fourth priority water.--Delivery of 
Navajo Nation Cibola Water and Navajo Nation 
Fourth Priority Water, regardless of the point 
of diversion, shall be subject to reduction in 
any year in which a shortage is declared to the 
same extent as other non-CAP Fourth Priority 
Water.
(ii) Other arizona lower basin colorado 
river water acquired by the navajo nation.--Any 
other Arizona Lower Basin Colorado River Water 
that the Navajo Nation may acquire shall be 
subject to reduction in any year in which a 
shortage is declared in accordance with 
criteria applied by the Secretary to water of 
the same priority.
(B) Hopi tribe.--
(i) Fourth priority cibola water.--Delivery 
of Hopi Tribe Cibola Water of fourth priority, 
regardless of the point of diversion, shall be 
subject to reduction in any year in which a 
shortage is declared to the same extent as 
other non-CAP Fourth Priority Water.
(ii) Fifth priority.--Delivery of Hopi 
Tribe Cibola Water of fifth priority, 
regardless of the point of diversion, shall be 
subject to reduction in any year in which a 
shortage is declared to the same extent as 
other Fifth Priority Water.
(iii) Other arizona lower basin colorado 
river water acquired by the hopi tribe.--Any 
other Arizona Lower Basin Colorado River Water 
that the Hopi Tribe may acquire shall be 
subject to reduction in any year in which a 
shortage is declared in accordance with 
criteria applied by the Secretary to water of 
the same priority.
(c) Colorado River Water Storage.--
(1) Storage in arizona.--
(A) Arizona upper basin colorado river water.--
Navajo Nation Upper Basin Colorado River Water and Hopi 
Tribe Upper Basin Colorado River Water may be stored at 
underground storage facilities or Groundwater savings 
facilities located--
(i) within the Navajo Reservation in 
accordance with Navajo law, or State law if 
mutually agreed to by the Navajo Nation and the 
State;
(ii) within the Hopi Reservation in 
accordance with Hopi law, or State law if 
mutually agreed to by the Hopi Tribe and the 
State;
(iii) on any other Indian reservation 
located in the State in accordance with 
applicable law; and
(iv) within the State and outside of any 
Indian reservation in accordance with State 
law.
(B) Arizona lower basin colorado river water.--
Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, and Hopi Tribe Cibola Water may be 
stored at underground storage facilities or Groundwater 
savings facilities located--
(i) within the Navajo Reservation in 
accordance with Navajo law, or State law if 
mutually agreed to by the Navajo Nation and the 
State;
(ii) within the Hopi Reservation in 
accordance with Hopi law, or State law if 
mutually agreed to by the Hopi Tribe and the 
State;
(iii) on any other Indian reservation 
located in the State that falls within the 
Lower Basin in accordance with applicable law; 
and
(iv) within any portion of the State that 
falls within the Lower Basin and outside of any 
Indian reservation in accordance with State 
law.
(2) Storage credits.--
(A) In general.--The Navajo Nation and the Hopi 
Tribe may assign any long-term storage credits accrued 
as a result of storage under subparagraphs (A) and (B) 
of paragraph (1) in accordance with applicable law.
(B) Storage pursuant to tribal law.--Any water 
stored pursuant to Tribal law may only be recovered on 
the Indian reservation where the water was stored.
(3) Storage in new mexico.--The Navajo Nation may store in, 
divert, and convey its Navajo Nation Upper Basin Colorado River 
Water from the Navajo Reservoir and the Frank Chee Willetto, 
Sr. Reservoir in New Mexico, subject to the requirements of 
subsection (g), including that the water stored at the Navajo 
Reservoir or the Frank Chee Willetto, Sr. Reservoir is subject 
to agreements with and permits from the State of New Mexico and 
is accounted for as provided in that subsection and section 
17(a)(3).
(4) Storage contract requirements.--
(A) In general.--All contracts to store Navajo 
Nation Upper Basin Colorado River Water, Navajo Nation 
Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water or Hopi Tribe 
Cibola Water shall identify--
(i) the place of storage of the water;
(ii) the mechanisms for delivery of the 
water; and
(iii) each point of diversion under the 
applicable contract.
(B) Conflicts.--A contract to store Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi Tribe 
Upper Basin Colorado River Water, or Hopi Tribe Cibola 
Water shall not conflict with the Settlement Agreement 
or this Act.
(C) System conservation.--
(i) System conservation in lake powell.--
(I) In general.--Subject to 
subclauses (IV) through (VII), the 
Secretary is authorized and directed to 
enter into NAIWRSA System Conservation 
Program agreements with the Navajo 
Nation and the Hopi Tribe to provide 
for the storage of 17,050 AFY of the 
System Conservation Eligible Water each 
year for a period of 20 years to be 
retained in Lake Powell until the end 
of the 20-year period for the benefit 
of the Colorado River System.
(II) Navajo nation and hopi tribe 
agreements.--
(aa) Navajo nation.--
Pursuant to subclause (I), the 
Navajo Nation shall enter into 
20-year NAIWRSA System 
Conservation Program agreement 
to deliver 16,214.55 AFY of the 
System Conservation Eligible 
Water to the Secretary to be 
retained in Lake Powell and 
accounted for separately during 
the 20-year period for the 
benefit of the Colorado River 
System.
(bb) Hopi tribe.--Pursuant 
to subclause (I), the Hopi 
Tribe shall enter into a 20-
year NAIWRSA System 
Conservation Program agreement 
to deliver 835.45 AFY of the 
System Conservation Eligible 
Water to the Secretary to be 
retained in Lake Powell and 
accounted for separately during 
the 20-year period for the 
benefit of the Colorado River 
System.
(III) Notification.--
Notwithstanding subclause (II), during 
the 20-year period in which the Navajo 
Nation and the Hopi Tribe are 
delivering water to the NAIWRSA System 
Conservation Program, if the Hopi Tribe 
intends to deliver more than 1,464.55 
AFY of Hopi Tribe Upper Basin Colorado 
River Water to the Hopi Reservation in 
any calendar year--
(aa) the Hopi Tribe shall 
notify the Navajo Nation prior 
to the start of that calendar 
year of the amount of Hopi 
Tribe Upper Basin Colorado 
River Water in excess of 
1,464.55 AFY that the Hopi 
Tribe intends to deliver to the 
Hopi Reservation during the 
subsequent calendar year; and
(bb) the Navajo Nation 
shall deliver sufficient 
additional System Conservation 
Eligible Water to ensure that 
17,050 AFY is delivered to the 
Secretary each calendar year to 
be retained in Lake Powell 
pursuant to the NAIWRSA System 
Conservation Program.
(IV) Evaporation losses.--The 
System Conservation Eligible Water 
stored in Lake Powell shall be subject 
to evaporation losses.
(V) Release.--Notwithstanding the 
intention to retain the System 
Conservation Eligible Water stored in 
Lake Powell for 20 years, as described 
in subclauses (I) and (II), the System 
Conservation Eligible Water may be 
released--
(aa) pursuant to an 
agreement signed by the 
Governors' representatives of 
the Colorado River Basin States 
and the Bureau; or
(bb) by the Bureau 
consistent with operating 
criteria or guidelines.
(VI) No consideration in annual 
release.--The System Conservation 
Eligible Water stored at Lake Powell 
shall not be considered when 
determining the annual release of Lake 
Powell under the operational criteria 
or guidelines in place for any year in 
the 20-year period in which the Navajo 
Nation and the Hopi Tribe are 
delivering water to the NAIWRSA System 
Conservation Program and any subsequent 
year.
(VII) Accounting as upper basin.--
Any System Conservation Eligible Water 
released from storage shall be 
accounted for as Upper Basin releases 
under article III of the Colorado River 
Compact.
(ii) Participation in system conservation 
programs.--In addition to the NAIWRSA System 
Conservation Program to store System 
Conservation Eligible Water in Lake Powell for 
20 years as described in subclauses (I) and 
(II) of clause (i), the Navajo Nation and the 
Hopi Tribe are authorized to participate in 
System Conservation programs in the Upper Basin 
for Navajo Nation Upper Basin Colorado River 
Water and Hopi Tribe Upper Basin Colorado River 
Water and in the Lower Basin for Navajo Nation 
Cibola Water and Navajo Nation Fourth Priority 
Water and Hopi Tribe Cibola Water to the extent 
that the water meets the applicable 
requirements of those System Conservation 
programs.
(d) Transportation of Water Through the CAP System.--Subject to the 
accounting provisions of section 17, the Navajo Nation or the Hopi 
Tribe may transport Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water 
through the CAP system for storage or Use in accordance with all laws 
of the United States and the agreements between the United States and 
CAWCD governing the Use of the CAP system to transport water other than 
CAP Water, including payment of applicable charges.
(e) Water Delivery Contracts.--The Secretary shall enter into the 
following water delivery contracts, which shall be without limit as to 
term:
(1) Navajo nation water delivery contracts for navajo 
nation upper basin colorado river water.--
(A) In general.--The Secretary shall enter into a 
water delivery contract with the Navajo Nation for 
Navajo Nation Upper Basin Colorado River Water in 
accordance with the Settlement Agreement, which shall 
provide for, among other things--
(i) the delivery of up to 44,700 AFY of 
Navajo Nation Upper Basin Colorado River Water;
(ii) 1 or more points of diversion in the 
State, New Mexico, and Utah;
(iii) 1 or more storage locations at any 
place within the State and in the Navajo 
Reservoir and the Frank Chee Willetto, Sr. 
Reservoir in New Mexico;
(iv) subject to the limitations of this 
Act, Use at any location within the State; and
(v) delivery of Navajo Nation Upper Basin 
Colorado River Water to the Navajo Nation's 
lessees and exchange partners in the Upper 
Basin and the Lower Basin within the State.
(B) Existing water service contract.--
(i) In general.--Water Service Contract No. 
09-WC-40-318 between the United States and the 
Navajo Nation dated December 23, 2009, for the 
delivery of up to 950 AFY of water from Lake 
Powell to the Navajo Nation for municipal and 
industrial Use within the Community of LeChee 
shall be replaced with a Navajo Nation Water 
Delivery Contract for the delivery of Navajo 
Nation Upper Basin Colorado River Water that 
complies with subparagraph (A).
(ii) Termination.--As provided in the 
Settlement Agreement, on the Enforceability 
Date, the water service contract described in 
clause (i) shall terminate.
(2) Navajo nation water delivery contract for navajo nation 
cibola water.--The Secretary shall enter into a water delivery 
contract with the Navajo Nation for the Navajo Nation Cibola 
Water in accordance with the Settlement Agreement, which shall 
provide for, among other things--
(A)(i) the diversion of up to 100 AFY at the 
location and for the same Uses described in the Hopi 
Tribe Existing Cibola Contract; or
(ii) delivery and consumptive use of up to 71.5 AFY 
at locations and for Uses within the State within the 
Lower Basin other than as described in the Hopi Tribe 
Existing Cibola Contract;
(B) 1 or more points of diversion in the State 
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within 
the Lower Basin Reservoir in New Mexico;
(D) Use at any location within the State within the 
Lower Basin;
(E) delivery of Navajo Nation Cibola Water to the 
Navajo Nation's lessees and exchange partners in the 
State within the Lower Basin; and
(F) curtailment as provided in subsection 
(b)(3)(A).
(3) Navajo nation water delivery contract for navajo nation 
fourth priority water.--The Secretary shall enter into a water 
delivery contract with the Navajo Nation for Navajo Nation 
Fourth Priority Water in accordance with the Settlement 
Agreement, which shall provide for, among other things--
(A) delivery of up to 3,500 AFY of Navajo Nation 
Fourth Priority Water;
(B) 1 or more points of diversion in the State 
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within 
the Lower Basin;
(D) Use at any location within the State within the 
Lower Basin;
(E) delivery of Navajo Nation Fourth Priority Water 
to the Navajo Nation's lessees and exchange partners in 
the State within the Lower Basin; and
(F) curtailment as provided in subsection 
(b)(3)(A).
(4) Hopi tribe delivery contracts for hopi tribe upper 
basin colorado river water.--The Secretary shall enter into a 
water delivery contract with the Hopi Tribe for Hopi Tribe 
Upper Basin Colorado River Water in accordance with the 
Settlement Agreement, which shall provide for, among other 
things--
(A) the delivery of up to 2,300 AFY of Hopi Tribe 
Upper Basin Colorado River Water;
(B) 1 or more points of diversion in the State, 
including Lake Powell;
(C) 1 or more storage locations at any place within 
the State;
(D) subject to the limitations of this Act, Use at 
any location within the State; and
(E) delivery of Hopi Tribe Upper Basin Colorado 
River Water to the Hopi Tribe's lessees and exchange 
partners in the Upper Basin and the Lower Basin within 
the State.
(5) Hopi tribe water delivery contract for hopi tribe 
cibola water.--The Secretary shall enter into a water delivery 
contact with the Hopi Tribe for Hopi Tribe Cibola Water in 
accordance with the Settlement Agreement, which shall provide 
for, among other things--
(A) the delivery of up to 4,178 AFY of Fourth 
Priority Water, 750 AFY of Fifth Priority Water, and 
1,000 AFY of Sixth Priority Water;
(B) 1 or more points of diversion in the State 
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within 
the Lower Basin;
(D) Use at any location within the State within the 
Lower Basin, consistent with subparagraph 5.8.3 of the 
Settlement Agreement;
(E) delivery of Hopi Tribe Cibola Water to the Hopi 
Tribe's lessees and exchange partners in the State 
within the Lower Basin; and
(F) curtailment as provided in subsection 
(b)(3)(B).
(f) Requirements and Limitations Applicable to Water Delivery 
Contracts.--The Navajo Nation Water Delivery Contracts and Hopi Tribe 
Water Delivery Contracts shall be subject to the following requirements 
and limitations:
(1) Except for storage by the Navajo Nation at the Navajo 
Reservoir and the Frank Chee Willetto, Sr. Reservoir in New 
Mexico, and in accordance with subsection (g), a water delivery 
contract shall not permit the Use of the water outside of the 
State.
(2) A water delivery contract shall not, either temporarily 
or permanently, alter or reduce the annual Lower Basin 
apportionment of the State pursuant to the Boulder Canyon 
Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual 
Upper Basin apportionment pursuant to the Upper Colorado River 
Basin Compact of 1948.
(3) Nothing in a water delivery contract shall alter or 
impair the rights, authorities, and interests of California, 
Nevada, or the State under the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.), the contract between the United States and 
the State dated February 9, 1944, the Upper Colorado River 
Basin Compact of 1948 or the Decree.
(4) A water delivery contract shall not limit the ability 
of California, Nevada, or the State to seek or advocate changes 
in the operating rules, criteria, or guidelines of the Colorado 
River System as those rules, criteria, or guidelines apply to 
the apportionments of the State from the Upper Basin and the 
Lower Basin of the Colorado River.
(5) In the event that a water delivery contract will result 
in the delivery of Arizona Upper Basin Colorado River Water to 
the Lower Basin, the Secretary shall confer with the State and 
with the Governors' representatives of the Colorado River Basin 
States prior to executing that water delivery contract with 
respect to--
(A) the impact of the water deliveries on the 
availability of Upper Basin Colorado River Water or 
Arizona Lower Basin Colorado River Water within the 
State;
(B) the annual accounting conducted by the Bureau 
for the Colorado River apportionments of the State in 
the Upper Basin and Lower Basin;
(C) how diversions of Arizona Upper Basin Colorado 
River Water in the Lower Basin will be administered 
consistently with the Decree; and
(D) as appropriate, the impact of the water 
deliveries on the operations of the Central Arizona 
Project.
(6) A water delivery contract shall identify--
(A) the place of Use of the water;
(B) the purpose of the Use of the water during the 
term of the contract;
(C) the mechanism for delivery of the water; and
(D) each point of diversion under the contract.
(7) A water delivery contract shall not prejudice the 
interests of California, Nevada, or the State, or serve as 
precedent against California, Nevada, or the State, in any 
litigation relating to the apportionment, diversion, storage, 
or Use of water from the Colorado River System.
(8) In the case of a conflict between a water delivery 
contract and this Act or the Settlement Agreement, this Act or 
the Settlement Agreement shall control.
(9) Any material amendment or modification of a water 
delivery contract shall comply with, and be subject to, all 
requirements and limitations for the water delivery contract, 
as described in the Settlement Agreement and this Act.
(10) A water delivery contract shall become effective on 
the Enforceability Date and, once effective, shall be permanent 
and without limit as to term.
(11) The United States shall waive Colorado River Storage 
Project standby charges and delivery charges and annual 
administration fees for water delivered pursuant to a water 
delivery contract.
(g) Conditions for Storage, Diversion, and Conveyance in New 
Mexico.--
(1) Requirements for water diverted in new mexico for use 
by the navajo nation in arizona.--
(A) In general.--Notwithstanding any other 
provision of this Act, water shall not be stored in, 
diverted in, or conveyed from New Mexico for Use by the 
Navajo Nation in the State except in compliance with 
this subsection or subparagraph 7(g) of the Partial 
Final Decree (as defined in section 10302 of the 
Northwestern New Mexico Rural Water Projects Act (43 
U.S.C. 407 note; Public Law 111-11)).
(B) Water provided under public law 111-11.--6,411 
AFY of Navajo Nation Upper Basin Colorado River Water 
may be stored in, diverted in, and conveyed from New 
Mexico for Use in the State--
(i) consistent with the terms and 
requirements of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 
123 Stat. 1367) and the Partial Final Decree 
(as defined in section 10302 of that Act (43 
U.S.C. 407 note; Public Law 111-11)); and
(ii) in accordance with an appropriate 
permit issued under New Mexico law with a place 
of use consistent with subparagraph (D).
(C) Additional water under this act.--In addition 
to the 6,411 AFY pursuant to subparagraph (B), 12,000 
AFY of Navajo Nation Upper Basin Colorado River Water 
may be stored in, diverted in, and conveyed from the 
San Juan River in New Mexico for Use in the State, 
subject to the following conditions:
(i) An agreement is executed between the 
Navajo Nation and the State of New Mexico, 
acting through its Interstate Stream 
Commission, enabling the storage in, diversion 
in, and conveyance from New Mexico of not to 
exceed 12,000 AFY of Navajo Nation Upper Basin 
Colorado River Water for Use by the Navajo 
Nation in the State when the Upper Basin 
Colorado River Water is available for diversion 
in compliance with the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) and without 
resulting in forbearance of Use in New Mexico 
or a shortage to any water uses as provided in 
the Navajo Reservoir Operations guidelines 
pursuant to the 2006 environmental impact 
statement prepared by the Bureau, or any 
updated guidelines or requirements for Navajo 
Reservoir Operations as may become effective in 
the future.
(ii) If the Navajo Nation and the State of 
New Mexico, acting through its Interstate 
Stream Commission, are able to agree on terms, 
an agreement is executed covering periods of 
time when the Navajo Nation is not able to 
divert all or a portion of the 12,000 AFY of 
Navajo Nation Upper Basin Colorado River Water 
under clause (i), subject to the requirements 
that--
(I) the agreement provides for 
limited forbearance of Navajo Nation 
water in New Mexico or other mutually 
acceptable mechanisms for making all or 
a portion of the 12,000 AFY of Navajo 
Nation Upper Basin Colorado River Water 
available to the Navajo Nation in the 
State; and
(II) the United States and the 
Governors' representatives of the 
Colorado River Basin States have agreed 
on an appropriate measure or accounting 
method for such forbearance or 
mechanisms to ensure that the ability 
of New Mexico to utilize its 
apportionment under the Upper Colorado 
River Basin Compact of 1948 is 
preserved.
(D) Permits as a condition for delivery.--No water 
under subparagraph (B) or (C) may be delivered unless 
the New Mexico State Engineer has issued an appropriate 
permit for any diversion from the San Juan River system 
or underground basin in New Mexico and storage and 
release of water from the Navajo Reservoir or the Frank 
Chee Willetto, Sr. Reservoir to supply Use on Navajo 
Land within the State and for municipal Use adjoining 
the Navajo Reservation from water distribution 
facilities that are physically connected or planned for 
connection, as of the date of enactment of this Act, to 
water distribution facilities on the Navajo Reservation 
in the State.
(E) Water delivery contracts.--No water under 
subparagraph (B) or (C) may be delivered until the 
Navajo Nation and the Secretary have entered into the 
appropriate water delivery contract described in 
subsection (e) for the amount of water to be delivered, 
which shall be consistent with the agreements described 
in subparagraph (C) and permits described in 
subparagraph (D).
(F) Prohibition on leasing and exchanges.--No water 
diverted in or conveyed from New Mexico under this 
subsection shall be leased or exchanged in the State.
(2) Accounting of water diverted in new mexico for use in 
arizona.--
(A) In general.--Depletion of water that results 
from the diversion of water from the San Juan River 
system or underground basin in New Mexico for Use 
within the State (including depletion incidental to the 
storage in, diversion in, or conveyance from New Mexico 
for Use in the State) shall be--
(i) accounted as consumptive Use of Navajo 
Nation Upper Basin Colorado River Water; and
(ii) charged against Arizona Upper Basin 
Colorado River Water.
(B) Exception under later agreement.--If an 
agreement is reached pursuant to paragraph (1)(C)(ii) 
providing for forbearance or other mechanism to make 
water available, the measure or accounting mechanism 
provided for in accordance with subclause (II) of that 
paragraph shall apply.
(3) Requirements and accounting for water subject to the 
navajo-utah water rights settlement diverted in new mexico for 
use in utah.--
(A) In general.--Any storage in, diversion in, and 
conveyance of water from New Mexico for use in Utah 
authorized under the Northwestern New Mexico Rural 
Water Projects Act (Public Law 111-11; 123 Stat. 1367) 
shall be--
(i) subject to the same requirements for 
accounting as provided in paragraph (2), but 
applicable to Utah; and
(ii) charged against the Upper Basin 
apportionment of the State of Utah under the 
Colorado River Compact and the Upper Colorado 
River Basin Compact of 1948.
(B) Other requirements.--In addition to the 
requirements under subparagraph (A), the storage, 
diversion, and conveyance of up to 2,000 AFY shall 
require--
(i) an appropriate permit from the New 
Mexico State Engineer;
(ii) coordination with the Utah State 
Engineer as required by the Utah-Navajo Water 
Rights Settlement and the Northwestern New 
Mexico Rural Water Projects Act (Public Law 
111-11; 123 Stat. 1367);
(iii) an agreement between the Navajo 
Nation and the State of New Mexico, acting 
through its Interstate Stream Commission; and
(iv) an agreement between the State of New 
Mexico, acting through its Interstate Stream 
Commission, and the State of Utah, to ensure 
that the apportionments of the States of New 
Mexico and Utah and rights under the Upper 
Colorado River Basin Compact of 1948 are 
preserved.
(4) Navajo nation upper basin colorado river water diverted 
in new mexico.--The Navajo Nation may not use, lease, contract, 
exchange, forbear, or otherwise transfer any water from the San 
Juan River system within the State of New Mexico for Use 
directly or indirectly outside of New Mexico except--
(A) by agreement of the State of New Mexico, acting 
through its Interstate Stream Commission, based, in 
whole or in part, on its determination that the rights 
and entitlements of the State of New Mexico under the 
Colorado River Compact and the Upper Colorado River 
Basin Compact of 1948 are not adversely affected and 
water uses within New Mexico are adequately protected;
(B) by issuance of appropriate permits by the New 
Mexico State Engineer; and
(C) to allow the Navajo Nation to forbear pursuant 
to section 10603(d) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1386)--
(i) to enable delivery to the State of the 
6,411 AFY described in paragraph (1)(B); and
(ii) to enable delivery to Utah of up to 
2,000 AFY described in paragraph (3).
(5) Protection of uses in new mexico.--As determined by the 
State of New Mexico, acting through its Interstate Stream 
Commission and its State Engineer, pursuant to this subsection, 
storage, diversion, or conveyance of water in New Mexico for 
Use in the State or Utah shall not adversely affect--
(A) Water Rights or Uses in New Mexico; or
(B) delivery of water under contracts entered into 
under--
(i) the Act of June 13, 1962 (Public Law 
87-483; 76 Stat. 96); and
(ii) New Mexico State Engineer File Nos. 
2847, 2848, 2849, 2883, and 2917.
(h) Conditions for Diversion of Navajo Nation Upper Basin Colorado 
River Water in Utah.--
(1) Requirements for water diverted in utah for use in 
arizona.--
(A) In general.--Notwithstanding any other 
provision of this Act, water shall not be stored in, 
diverted in, and conveyed from Utah for Use by the 
Navajo Nation in the State except in compliance with 
this subsection.
(B) Water provided under contract with the united 
states.--If the Navajo Nation requests to divert a 
portion of its Navajo Nation Upper Basin Colorado River 
Water in Utah for Use in the State pursuant to a water 
delivery contract with the United States, the Secretary 
shall confer with Utah prior to executing that water 
delivery contract to ensure compliance with the rights 
and entitlements of Utah under the Upper Colorado River 
Basin Compact of 1948 and Utah State law.
(C) Water diverted on the navajo reservation.--
Water may be diverted on the Navajo Reservation in Utah 
for delivery to the Navajo Reservation in the State 
once the Navajo Nation has obtained approval by the 
Utah State Engineer through a diversion permit that 
requires compliance with applicable Utah State law, 
including the requirement to appropriately measure 
diversions of water from the San Juan River system or 
underground basins in Utah to ensure that diversion of 
Navajo Nation Upper Basin Colorado River Water in Utah 
for use in the State shall not adversely affect Water 
Rights, Uses, or delivery of water in Utah.
(D) Water diverted in utah off the navajo 
reservation.--Navajo Nation Upper Basin Colorado River 
Water may be diverted from a source off the Navajo 
Reservation only in accordance with Utah State law.
(E) Prohibition on leasing and exchanges.--No water 
diverted in or conveyed from Utah from the San Juan 
River under this paragraph shall be leased or exchanged 
in Arizona.
(2) Accounting of uses in arizona.--Depletion of water that 
results from the diversion of Navajo Nation Upper Basin 
Colorado River Water in Utah for Uses in the State (including 
depletion incidental to storage, diversion, or conveyance of 
water) shall be--
(A) accounted as consumptive Use of Navajo Nation 
Upper Basin Colorado River Water; and
(B) charged against Arizona Upper Basin Colorado 
River Water.
(i) Water Uses in Utah by the Navajo Nation and the San Juan 
Southern Paiute Tribe.--
(1) Water apportioned to utah.--The Navajo Nation or the 
San Juan Southern Paiute Tribe may not use, lease, contract, 
exchange, forbear, or otherwise transfer any water apportioned 
to the State of Utah by the Colorado River Compact or the Upper 
Colorado River Basin Compact of 1948 for Use directly or 
indirectly outside of the State of Utah, except as provided for 
in the Navajo-Utah Water Rights Settlement and subject to 
subsection (g)(3).
(2) Continued applicability of the navajo-utah water rights 
settlement.--Except as provided in subsection (g)(3), nothing 
in this Act modifies or is exempt from the terms of the Navajo-
Utah Water Rights Settlement.
(3) Applicability of the treaty.--Pursuant to section XV of 
the Treaty, Water Rights for the San Juan Southern Paiute Tribe 
in the San Juan Southern Paiute Northern Area shall be quit 
claimed to the San Juan Southern Paiute Tribe by the Navajo 
Nation on publication in the Federal Register under section 
19(g)(1)(A).
(j) Use of the Colorado River Mainstream and San Juan River.--
(1) In general.--The Secretary may use--
(A) the Colorado River mainstream and dams and 
works on the mainstream controlled or operated by the 
United States, which regulate the flow of water in the 
mainstream or the diversion of water from the 
mainstream in the Upper Basin or the Lower Basin to 
transport and deliver Navajo Nation Upper Basin 
Colorado River Water, Hopi Tribe Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, and Hopi Tribe Cibola Water; and
(B) the San Juan River and the dams and works 
described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of 
the Settlement Agreement to transport, store, and 
deliver Navajo Nation Upper Basin Colorado River Water.
(2) Navajo nation upper basin colorado river water; hopi 
tribe upper basin colorado river water.--Navajo Nation Upper 
Basin Colorado River Water or Hopi Tribe Upper Basin Colorado 
River Water that enters the Lower Basin at Lee Ferry shall--
(A) retain its character as Navajo Nation Upper 
Basin Colorado River Water or Hopi Tribe Upper Basin 
Colorado River Water; and
(B) be accounted for separately by the Secretary in 
a manner such that the Navajo Nation Upper Basin 
Colorado River Water or the Hopi Tribe Upper Basin 
Colorado River Water is not subject to paragraphs II(A) 
and II(B) of the Decree.
(3) San juan river.--Navajo Nation Upper Basin Colorado 
River Water that enters the San Juan River and the dams and 
works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the 
Settlement Agreement shall retain its character as Navajo 
Nation Upper Basin Colorado River Water, but if Navajo Nation 
Upper Basin Colorado River Water spills from dams on the San 
Juan River described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 
of the Settlement Agreement, that water shall become part of 
the San Juan River system.
(k) Acquisitions of Energy.--Power needed to deliver water to the 
Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe 
for projects constructed by the Tribes pursuant to the Settlement 
Agreement and this Act shall be acquired by the Tribes.
(l) Reporting by Navajo Nation and Hopi Tribe.--
(1) Navajo nation.--
(A) In general.--Beginning on March 1 of the first 
year following the year in which the Enforceability 
Date occurs, and on March 1 of each year thereafter, 
the Navajo Nation shall submit to the Arizona 
Department of Water Resources a report describing--
(i) the annual diversion amount, points of 
diversion, and places of Use of Navajo Nation 
Upper Basin Colorado River Water;
(ii) the annual diversion amount, points of 
diversion, and places of Use of Navajo Nation 
Cibola Water;
(iii) the annual diversion amount, point of 
diversion, and places of Use of Navajo Nation 
Fourth Priority Water;
(iv) the location and annual amount of any 
Off-Reservation storage of Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation 
Cibola Water, and Navajo Nation Fourth Priority 
Water;
(v) the amount of any Off-Reservation 
exchange involving Navajo Nation Upper Basin 
Colorado River Water, Navajo Nation Cibola 
Water, and Navajo Nation Fourth Priority Water; 
and
(vi) the location and annual amount of 
Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, and Navajo Nation 
Fourth Priority Water leased Off-Reservation.
(B) Measurement of diverted water.--
(i) In general.--In order to accurately 
measure the flow of water diverted in the Upper 
Basin for Use by the Navajo Nation in the 
State, the Navajo Nation shall install suitable 
measuring devices at or near each point of 
diversion of Navajo Nation Upper Basin Colorado 
River Water, Navajo Nation Cibola Water, and 
Navajo Nation Fourth Priority Water from the 
Colorado River's mainstem in the Upper Basin 
and the San Juan River in the Upper Basin.
(ii) Notification.--The Navajo Nation shall 
notify the Arizona Department of Water 
Resources, in writing, of any annual reporting 
conflicts between the Bureau, the Navajo 
Nation, or the Upper Colorado River Commission 
prior to the completion by the Bureau of the 
annual ``Colorado River Accounting and Water 
Use Report for the Lower Basin''.
(2) Hopi tribe.--
(A) In general.--Beginning on March 1 of the first 
year following the year in which the Enforceability 
Date occurs, and on March 1 of each year thereafter, 
the Hopi Tribe shall submit to the Arizona Department 
of Water Resources a report describing--
(i) the annual diversion amount, points of 
diversion, and places of Use of Hopi Tribe 
Upper Basin Colorado River Water;
(ii) the annual diversion amount, points of 
diversion, and places of Use of Hopi Tribe 
Cibola Water;
(iii) the location and annual amount of any 
Off-Reservation storage of Hopi Tribe Upper 
Basin Colorado River Water and Hopi Tribe 
Cibola Water;
(iv) the amount of any Off-Reservation 
exchange involving Hopi Tribe Upper Basin 
Colorado River Water or Hopi Tribe Cibola 
Water; and
(v) the location and annual amount of Hopi 
Tribe Upper Basin Colorado River Water and Hopi 
Tribe Cibola Water leased Off-Reservation.
(B) Measurement of diverted water.--
(i) In general.--In order to accurately 
measure the flow of water diverted in the Upper 
Basin for Use by the Hopi Tribe in the State, 
the Hopi Tribe shall install suitable measuring 
devices at or near each point of diversion of 
Hopi Tribe Upper Basin Colorado River Water and 
Hopi Tribe Cibola Water from the Colorado 
River's mainstem in the Upper Basin.
(ii) Notification.--The Hopi Tribe shall 
notify the Arizona Department of Water 
Resources, in writing, of any annual reporting 
conflicts between the Bureau, the Hopi Tribe, 
or the Upper Colorado River Commission prior to 
the completion by the Bureau of the annual 
``Colorado River Accounting and Water Use 
Report for the Lower Basin''.
(m) Upper Basin Protections; Consultations.--In any formal 
consultation carried out pursuant to section 7(a) of the Endangered 
Species Act of 1973 (16 U.S.C. 1536(a)) on or after the date of 
enactment of this Act with respect to water development in the San Juan 
River Basin, the provisions of section 5 of the document entitled 
``Principles for Conducting Endangered Species Act Formal Section 7 
Consultations on Water Development and Water Management Projects 
Affecting Endangered Fish Species in the San Juan River Basin'', 
including revisions to that document approved by the Coordination 
Committee, San Juan River Basin Recovery Implementation Program, and 
dated August 2022 shall apply.

SEC. 7. COLORADO RIVER WATER LEASES AND EXCHANGES; USES.

(a) In General.--Subject to approval by the Secretary--
(1) except as prohibited in subsections (g)(1)(F) and 
(h)(1)(E) of section 6, the Navajo Nation may enter into 
leases, or options to lease, or exchanges, or options to 
exchange, Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, and Navajo Nation Fourth Priority 
Water, for Use and storage in the State, in accordance with the 
Settlement Agreement and all applicable Federal and State laws 
governing the transfer of Colorado River Water entitlements 
within the State; and
(2) the Hopi Tribe may enter into leases, or options to 
lease, or exchanges, or options to exchange, Hopi Tribe Upper 
Basin Colorado River Water and Hopi Tribe Cibola Water for Use 
and storage in the State, in accordance with the Settlement 
Agreement and all applicable Federal and State laws governing 
the transfer of Colorado River Water entitlements within the 
State.
(b) Terms of Leases and Exchanges.--
(1) On-reservation leasing.--
(A) In general.--The Navajo Nation may lease the 
Navajo Nation Upper Basin Colorado River Water, the 
Navajo Nation Cibola Water, and the Navajo Nation 
Fourth Priority Water for Use or storage on the Navajo 
Reservation and the Hopi Tribe may lease Hopi Tribe 
Upper Basin Colorado River Water and Hopi Tribe Cibola 
Water for Use or storage on the Hopi Reservation.
(B) Requirements.--A lease or option to lease under 
subparagraph (A) shall be subject to--
(i) the leasing regulations of the Navajo 
Nation or Hopi Tribe, as applicable; and
(ii) subsections (a) and (e) of the first 
section of the Act of August 9, 1955 (69 Stat. 
539, chapter 615; 25 U.S.C. 415) (commonly 
known as the ``Long-Term Leasing Act'').
(2) Exchanges and off-reservation leasing.--
(A) Navajo nation leasing.--
(i) In general.--Subject to approval by the 
Secretary for an Off-Reservation lease, the 
Navajo Nation may lease--
(I) Navajo Nation Cibola Water and 
Navajo Nation Fourth Priority Water for 
Use or storage off of the Navajo 
Reservation anywhere within the Lower 
Basin within the State; and
(II) except as provided in 
subsections (g)(1)(F) and (h)(1)(E) of 
section 6 and the NAIWRSA System 
Conservation Program agreements 
described in subsection 
(c)(4)(C)(i)(II) of that section, 
Navajo Nation Upper Basin Colorado 
River Water anywhere in the State in 
accordance with the Settlement 
Agreement and all applicable Federal 
and State laws governing the transfer 
of Navajo Nation Upper Basin Colorado 
River Water within the State.
(ii) Limitation.--No action by the Navajo 
Nation under clause (i)(II) relating to NAIWRSA 
System Conservation Programs or leasing shall 
modify the obligations of the Navajo Nation to 
deliver up to 350 AFY to the San Juan Southern 
Paiute Tribe pursuant to paragraph 6.3.1 of the 
Settlement Agreement.
(B) Hopi tribe leasing.--Subject to approval by the 
Secretary for an Off-Reservation lease, the Hopi Tribe 
may lease--
(i) Hopi Tribe Cibola Water for Use or 
storage off of the Hopi Reservation anywhere 
within the Lower Basin within the State; and
(ii) except as provided in the NAIWRSA 
System Conservation Program agreement described 
in section 6(c)(4)(C)(i)(II), Hopi Tribe Upper 
Basin Colorado River Water for Use or storage 
off of the Hopi Reservation anywhere in the 
State in accordance with the Settlement 
Agreement and all applicable Federal and State 
laws governing the transfer of Hopi Tribe Upper 
Basin Colorado River Water within the State.
(C) Term of leases and exchanges.--
(i) Leases.--
(I) 100-year term.--A contract to 
lease and an option to lease off of the 
Reservation under subparagraph 
(A)(i)(I) or (B)(i), as applicable, 
shall be for a term not to exceed 100 
years.
(II) 40-year term.--A contract to 
lease and an option to lease off of the 
Reservation under subparagraph 
(A)(i)(II) or (B)(ii), as applicable, 
shall be for a term not to exceed 40 
years.
(ii) Exchanges.--An exchange or option to 
exchange shall be for the term provided for in 
the exchange or option, as applicable.
(D) Lease period.--
(i) No limitations.--There shall be no 
limitations on the Lease Period for--
(I) Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, 
and Hopi Tribe Cibola Water that is 
diverted from the Colorado River 
downstream of Lee Ferry; and
(II) Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe 
Upper Basin Colorado River Water leased 
for Use on the Navajo Reservation and 
Hopi Reservation, as applicable.
(ii) Other lease periods.--The Navajo 
Nation and the Hopi Tribe are authorized to 
lease Navajo Nation Upper Basin Colorado River 
Water and Hopi Tribe Upper Basin Colorado River 
Water in the Lower Basin in the State in 
accordance with the following:
(I) During the first 20 years after 
the Enforceability Date, the Navajo 
Nation may lease up to 16,214.55 AFY 
and the Hopi Tribe may lease up to 
835.45 AFY for an annual cumulative 
total of 17,050 AFY in the Lower Basin.
(II) Notwithstanding subclause (I), 
retaining the annual cumulative total 
of 17,050 AFY leased in the Lower 
Basin, the ability of the Navajo Nation 
to lease Navajo Nation Upper Basin 
Colorado River Water shall be increased 
by, and the ability of the Hopi Tribe 
to lease Hopi Tribe Upper Basin 
Colorado River Water shall be reduced 
by, an amount equal to the additional 
System Eligible Conservation Water that 
the Navajo Nation delivers to the 
Secretary in accordance with section 
6(c)(4)(C)(i)(III)(bb).
(III) Beginning 20 years after the 
Enforceability Date, the Navajo Nation 
and the Hopi Tribe may lease its 
available Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe 
Upper Basin Colorado River Water until 
such time as the iina ba - pa 
tuwaqat'si pipeline has been completed 
and all the projects described in the 
Navajo Nation Water Projects Trust Fund 
and the Hopi Tribe Groundwater Projects 
Trust Fund, as the projects are further 
described in paragraphs 12.2.1 and 
12.3.1 of the Settlement Agreement, 
have been completed, as determined by 
the Navajo Nation and the Hopi Tribe.
(IV) Once all the projects 
described in subclause (III) have been 
completed for their respective 
projects, as determined by the Navajo 
Nation and the Hopi Tribe, the Navajo 
Nation and the Hopi Tribe shall 
determine whether revenues from leasing 
are necessary to meet the OM&R costs 
of--
(aa) the projects described 
in paragraphs 12.2.1 and 12.3.1 
of the Settlement Agreement; 
and
(bb) the iina ba - pa 
tuwaqat'si pipeline.
(V) If the Navajo Nation and the 
Hopi Tribe continue to require revenues 
from leasing to meet the OM&R expenses 
described in subclause (IV), the Navajo 
Nation and the Hopi Tribe may continue 
to lease the Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe 
Upper Basin Colorado River Water to 
meet those OM&R expenses.
(iii) Savings provision.--Nothing in this 
subparagraph requires the early termination of 
any lease entered into during the Lease Period 
and authorized by this Act at the time the 
lease was executed.
(3) Requirements for all contracts to lease and contracts 
to exchange.--All contracts to lease or exchange Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall--
(A) identify the places of Use of the water, the 
purpose of the Uses of the water during the term of the 
contract, the mechanisms for delivery of the water, and 
each point of diversion under the contract; and
(B) provide that the water received from the Navajo 
Nation or the Hopi Tribe, as applicable, shall be used 
in accordance with applicable law.
(4) No conflict with settlement agreement or this act.--A 
contract to lease or exchange Navajo Nation Upper Basin 
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
Water, or Hopi Tribe Cibola Water shall not conflict with the 
Settlement Agreement or this Act.
(c) Prohibition on Permanent Alienation.--No Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or 
Hopi Tribe Cibola Water may be permanently alienated.
(d) Entitlement To Lease and Exchange Monies.--
(1) Entitlement.--The Navajo Nation or the Hopi Tribe, as 
applicable, shall be entitled to all consideration due to the 
Navajo Nation or Hopi Tribe under any lease, option to lease, 
exchange, or option to exchange Navajo Nation Upper Basin 
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
Water, or Hopi Tribe Cibola Water entered into by the Navajo 
Nation or the Hopi Tribe.
(2) Exclusion.--The United States shall not, in any 
capacity, be entitled to the consideration described in 
paragraph (1).
(3) Obligation of the united states.--The United States 
shall not, in any capacity, have any trust or other obligation 
to monitor, administer, or account for, in any manner, any 
funds received by the Navajo Nation or the Hopi Tribe as 
consideration under any lease, option to lease, exchange, or 
option to exchange Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
and Hopi Tribe Cibola Water entered into by the Navajo Nation 
or the Hopi Tribe.
(e) Delivery of Colorado River Water to Lessees.--All lessees of 
Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall pay all OM&R 
charges, all energy charges, and all other applicable charges 
associated with the delivery of the leased water.
(f) Delivery of Colorado River Water Through the CAP System.--
(1) CAWCD approval.--The Navajo Nation, the Hopi Tribe, or 
any person who leases Navajo Nation Upper Basin Colorado River 
Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
and Hopi Tribe Cibola Water under subsection (a) may transport 
that Navajo Nation Upper Basin Colorado River Water, Navajo 
Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola 
Water, as applicable, through the CAP system in accordance with 
all laws of the United States and the agreements between the 
United States and CAWCD governing the use of the CAP system to 
transport water other than CAP water, including payment of 
applicable charges.
(2) Lessee responsibility for charges.--Any lease or option 
to lease providing for the temporary delivery of Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water through the 
CAP system shall require the lessee to pay the CAP operating 
agency all CAP fixed OM&R charges and all CAP pumping energy 
charges associated with the delivery of the leased water, and 
other applicable charges.
(3) No responsibility for payment.--The Navajo Nation, the 
Hopi Tribe, and the United States acting in any capacity shall 
not be responsible for the payment of any charges associated 
with the delivery of Colorado River Water leased to others.
(4) Payment in advance.--No leased Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado 
River Water, or Hopi Tribe Cibola Water shall be delivered 
through the CAP system unless the CAP fixed OM&R charges, the 
CAP pumping energy charges, and other applicable charges 
associated with the delivery of that Navajo Nation Upper Basin 
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
Water, or Hopi Tribe Cibola Water, as applicable, have been 
paid in advance.
(5) Calculation.--The charges for delivery of Navajo Nation 
Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water delivered 
through the CAP system pursuant to a lease shall be calculated 
in accordance with the agreements between the United States and 
CAWCD governing the use of the CAP system to transport water 
other than CAP water.

SEC. 8. IINA BA - PAA TUWAQAT'SI PIPELINE.

(a) Iina ba - Paa Tuwaqat'si Pipeline.--
(1) Planning, design, and construction of the iina ba - paa 
tuwaqat'si pipeline.--
(A) In general.--The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and 
construct the iina ba - paa tuwaqat'si pipeline in 
accordance with subparagraph (C), including all 
necessary power transmission facilities, power 
substations, power distribution systems, and associated 
wheeling services to connect the facilities of the iina 
ba - paa tuwaqat'si pipeline to new or existing high-
voltage transmission facilities and deliver power.
(B) Project construction committee.--
(i) In general.--Prior to the start of the 
feasibility study required under subparagraph 
(C)(ii), the Secretary shall form a Project 
Construction Committee (referred to in this 
subparagraph as the ``Committee'').
(ii) Members.--The Committee shall consist 
of representatives from the Bureau and the 
Bureau of Indian Affairs and members selected 
by each of the Navajo Nation, the Hopi Tribe, 
and the San Juan Southern Paiute Tribe for 
purposes of assisting the Secretary with 
planning, designing, and constructing the iina 
ba - paa tuwaqat'si pipeline, including--
(I) to review cost factors and 
budgets for construction and operation 
and maintenance activities;
(II) to improve construction 
management through enhanced 
communication; and
(III) to seek additional ways to 
reduce overall iina ba - paa tuwaqat'si 
pipeline costs.
(iii) Design and construction 
consultation.--The Secretary shall consult with 
the Committee during each phase--
(I) of design described in 
subparagraph (C); and
(II) of construction of the iina ba 
- paa tuwaqat'si pipeline.
(iv) Recommendations.--
(I) In general.--At the sole 
discretion of the Secretary, the 
Secretary may rely on recommendations 
made by the Committee, subject to the 
condition that the recommendations are 
consistent with the design as described 
in clauses (i) and (ii) of subparagraph 
(C).
(II) Hopi tribe.--To the extent the 
Committee recommendations involve a 
portion of the iina ba - paa tuwaqat'si 
pipeline to which the Hopi Tribe will 
hold title after title transfer as 
described in paragraph (3)(B)(ii), the 
Secretary shall give greater weight to 
the recommendations of the 
representatives of the Hopi Tribe on 
the Committee.
(III) Navajo nation.--To the extent 
the Committee recommendations involve a 
portion of the iina ba - paa tuwaqat'si 
pipeline to which the Navajo Nation 
will hold title after title transfer as 
described in paragraph (3)(B)(i), the 
Secretary shall give greater weight to 
the recommendations of the 
representatives of the Navajo Nation on 
the Committee.
(C) Design.--
(i) In general.--Unless modified pursuant 
to clauses (iii) and (iv), the iina ba - paa 
tuwaqat'si pipeline shall be substantially 
configured as Alternative 5, Option B-100 
described in the report of the Bureau entitled 
``Navajo-Hopi Value Planning Study--Arizona'' 
and dated October 2020.
(ii) Feasibility study.--After the date of 
enactment of this Act, the Bureau shall 
complete a feasibility study of the iina ba - 
paa tuwaqat'si pipeline substantially 
configured as Alternative 5, Option B-100 
described in the report of the Bureau entitled 
``Navajo-Hopi Value Planning Study--Arizona'' 
and dated October 2020, which shall include 
feasibility-level design and cost estimates and 
a construction phasing plan.
(iii) Value planning.--
(I) In general.--On completion of 
the feasibility study described in 
clause (ii), the Secretary shall 
consult with the Navajo Nation and the 
Hopi Tribe to determine whether to 
complete a value planning study of the 
iina ba - paa tuwaqat'si pipeline to 
identify and analyze potential lower-
cost modifications to substantially 
meet the existing Alternative 5, Option 
B-100 configuration described in that 
clause.
(II) Value planning team.--If a 
value planning study is initiated under 
subclause (I), a value planning team 
shall include the Project Construction 
Committee formed pursuant to 
subparagraph (B).
(III) Consensus.--
(aa) In general.--To the 
extent practicable, the Navajo 
Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, and 
the Secretary shall strive for 
consensus on selection of a 
preferred alternative for the 
Bureau to initiate the final 
design process of the iina ba - 
paa tuwaqat'si pipeline.
(bb) Decision by 
secretary.--If consensus cannot 
be reached on a preferred 
alternative under item (aa), 
the decision for the preferred 
alternative shall be made by 
the Secretary.
(iv) Value engineering and design 
modifications.--
(I) Value engineering.--
(aa) In general.--A value 
engineering study based on 
achieving the essential 
functions at the lowest life 
cycle cost consistent with 
required performance, 
reliability, quality, and 
safety shall be completed in 
accordance with Bureau Manual 
Policy, Performing Designs and 
Construction Activities (FAC 
P03) for each phase of the iina 
ba - paa tuwaqat'si pipeline 
project at the 30 percent 
design stage.
(bb) Value engineering 
team.--A value engineering team 
shall include the Project 
Construction Committee formed 
pursuant to subparagraph (B).
(II) Prior to 60 percent design.--
(aa) In general.--At any 
time prior to completion of 60 
percent design for each phase 
of the iina ba - paa tuwaqat'si 
pipeline project, the Navajo 
Nation and the Hopi Tribe may 
request modifications of the 
design described in this 
subparagraph, subject to the 
condition that the proposed 
design modifications are 
approved by the Bureau.
(bb) Deviation.--If a 
requested modification 
described in item (aa) deviates 
from the design criteria of the 
Bureau, the modification shall 
be considered in accordance 
with the provisions of Bureau 
Manual Policy, Performing 
Designs and Construction 
Activities (FAC P03).
(III) After completion of 60 
percent design.--The design for each 
phase of the iina ba - paa tuwaqat'si 
pipeline project shall not be modified 
further after review of the 60 percent 
design plan unless the modification is 
made by the Secretary.
(D) Existing components.--The iina ba - paa 
tuwaqat'si pipeline may include, at the sole discretion 
of the Secretary after consultation with the Navajo 
Nation or the Hopi Tribe, components that have already 
been built or acquired by the Navajo Nation or the Hopi 
Tribe as a contribution by the Navajo Nation or the 
Hopi Tribe towards the cost of planning, designing, and 
constructing the iina ba - paa tuwaqat'si pipeline.
(E) Use of pipeline.--The iina ba - paa tuwaqat'si 
pipeline shall deliver potable water for domestic, 
commercial, municipal, and industrial Uses and be 
capable of delivering from Lake Powell--
(i) up to 7,100 AFY of potable Colorado 
River Water to the Navajo Nation for Use in 
delivering up to 6,750 AFY to serve Navajo 
communities and up to 350 AFY to serve the San 
Juan Southern Paiute Southern Area; and
(ii) up to 3,076 AFY of potable Colorado 
River Water to the Hopi Tribe for Use in 
delivering up to 3,076 AFY to serve Hopi 
communities.
(F) Commencement of construction.--The Secretary 
shall not begin construction of the iina ba - paa 
tuwaqat'si pipeline until--
(i) the design studies described in 
subparagraph (C) and final design for the first 
phase of the iina ba - paa tuwaqat'si pipeline 
project are complete;
(ii) the Secretary, the Navajo Nation, and 
the Hopi Tribe execute a Cost-Sharing and 
System Integration Agreement that--
(I) based on the final design in 
accordance with subparagraph (C), 
describes the design, location, 
capacity, and management of operations 
of the iina ba - paa tuwaqat'si 
pipeline, including distribution of 
water to customers;
(II) describes the process for 
acquisition of rights-of-way for the 
iina ba - paa tuwaqat'si pipeline 
described in subsection (b);
(III) allocates the costs of the 
iina ba - paa tuwaqat'si pipeline, 
taking into consideration--
(aa) cost of planning, 
design, and construction;
(bb) cost of the operation, 
maintenance, and repair of the 
iina ba - paa tuwaqat'si 
pipeline before title transfer 
to the Navajo Nation or the 
Hopi Tribe pursuant to 
paragraph (3); and
(cc) how existing 
components will be considered 
as contributions by the Navajo 
Nation or Hopi Tribe as 
described in subparagraph (D); 
and
(IV) describes construction 
phasing, including transfer of 
operations and maintenance for such 
phasing, as agreed to by the Secretary, 
the Navajo Nation, and the Hopi Tribe, 
with the Secretary deciding on phasing 
if an agreement is not reached; and
(iii) environmental compliance as described 
in section 4(c) is complete for the iina ba - 
paa tuwaqat'si pipeline.
(2) Phased transfer of operations & maintenance.--
(A) In general.--
(i) In general.--On completion of 
construction of a phase of the iina ba - paa 
tuwaqat'si pipeline, as described in the Cost-
Sharing and System Integration Agreement 
described in paragraph (1)(F)(ii) and on a 
finding of substantial completion of the phase, 
the Secretary may transfer operations and 
maintenance responsibility for the phase to the 
appropriate entity.
(ii) Contract.--The Secretary shall enter 
into an operations and maintenance contract 
consistent with this Act and Bureau policy for 
the purposes of compliance with clause (i).
(iii) Title transfer.--Title to a phase of 
the iina ba - paa tuwaqat'si pipeline shall not 
transfer until substantial completion of the 
entire iina ba - paa tuwaqat'si pipeline in 
accordance with paragraph (3)(B).
(B) Phased findings of substantial completion.--For 
purposes of this paragraph, substantial completion of 
each phase of the iina ba - paa tuwaqat'si pipeline 
shall be determined in accordance with Bureau Manual 
Policy, Performing Designs and Construction Activities 
(FAC P03).
(3) Ownership.--
(A) In general.--The iina ba - paa tuwaqat'si 
pipeline shall be owned by the United States during 
construction of the iina ba - paa tuwaqat'si pipeline.
(B) Transfer of ownership.--On substantial 
completion of the iina ba - paa tuwaqat'si pipeline, in 
accordance with paragraph (4), the Secretary shall--
(i) transfer title to the applicable 
section of the iina ba - paa tuwaqat'si 
pipeline on the Navajo Reservation, except that 
section that lies on the Navajo Reservation 
between Moenkopi and the boundary of the 1882 
Reservation, to the Navajo Nation; and
(ii) transfer title to the applicable 
section of the iina ba - paa tuwaqat'si 
pipeline on the Hopi Reservation, and the 
section of the iina ba - paa tuwaqat'si 
pipeline that lies on the Navajo Reservation 
between Moenkopi and the boundary of the 1882 
Reservation and the right-of-way for that 
section of the iina ba - paa tuwaqat'si 
pipeline, to the Hopi Tribe.
(4) Substantial completion.--
(A) In general.--For purposes of paragraph (3)(B), 
the Secretary shall determine that the iina ba - paa 
tuwaqat'si pipeline is substantially complete if--
(i) the infrastructure constructed is 
capable of storing, diverting, treating, 
transmitting, and distributing a supply of 
water to the Navajo Nation, the Hopi Tribe, and 
the San Juan Southern Paiute Southern Area as 
described in the iina ba - paa tuwaqat'si 
pipeline design described in paragraph (1)(C); 
or
(ii) the Secretary--
(I) diligently proceeds to complete 
the final design and construct the iina 
ba - paa tuwaqat'si pipeline--
(aa) by the deadline 
described in subparagraph (B); 
or
(bb) if the deadline 
described in subparagraph (B) 
is extended pursuant to 
subparagraph (C), by the 
extended deadline;
(II) expends all of the available 
funding provided to construct the iina 
ba - paa tuwaqat'si pipeline under 
section 13(a) and any funding provided 
by the Navajo Nation or Hopi Tribe 
pursuant to sections 10(j) and 11(j); 
and
(III) despite diligent efforts 
cannot complete construction of the 
iina ba - paa tuwaqat'si pipeline in 
accordance with paragraph (1)(C) due 
solely to the lack of authorized 
funding.
(B) Deadline.--Not later than December 31, 2040, 
the construction of the iina ba - paa tuwaqat'si 
pipeline in accordance with paragraph (1)(C) shall be 
substantially completed, in accordance with 
subparagraph (A).
(C) Extension.--The deadline described in 
subparagraph (B) may be extended through written 
agreement if the Navajo Nation, Hopi Tribe, and the 
Secretary agree than an extension is reasonably 
necessary.
(5) Liability.--
(A) In general.--Effective on the date of the 
transfer of ownership of the iina ba - paa tuwaqat'si 
pipeline pursuant to paragraph (3)(B), the United 
States shall not be held liable by any court for 
damages of any kind arising out of any act, omission, 
or occurrence relating to the land, buildings, or 
facilities conveyed under this subsection, other than 
damages caused by acts of negligence committed by the 
United States, or by employees or agents of the United 
States, prior to the date of conveyance.
(B) Savings provision.--Nothing in this section 
increases the liability of the United States beyond the 
liability provided in chapter 171 of title 28, United 
States Code (commonly known as the ``Federal Tort 
Claims Act'').
(6) Operation.--
(A) Project operations generally.--
(i) Navajo nation operation.--The Navajo 
Nation shall operate the section of the iina ba 
- paa tuwaqat'si pipeline that delivers water 
to the Navajo communities, other than Coal Mine 
Mesa, and that may deliver water through the 
iina ba - paa tuwaqat'si pipeline to the San 
Juan Southern Paiute Tribe.
(ii) Hopi tribe operation.--The Hopi Tribe 
shall operate the section of the iina ba - paa 
tuwaqat'si pipeline that delivers water to 
Moenkopi, the 1882 Reservation, and the Navajo 
community of Coal Mine Mesa.
(B) Project operation committee.--Prior to the 
start of the first construction phase of the iina ba - 
paa tuwaqat'si pipeline, the Secretary shall form a 
Project Operation Committee consisting of members 
selected by each of the Navajo Nation and the Hopi 
Tribe to develop a project operations agreement to be 
executed by the Navajo Nation and the Hopi Tribe, after 
review by the Secretary, prior to the transfer of 
operations and maintenance of any phase of the iina ba 
- paa tuwaqat'si pipeline in accordance with paragraph 
(2).
(C) Project operations agreement.--The project 
operations agreement referred to in subparagraph (B) 
shall describe all terms and conditions necessary for 
long-term operations of the iina ba - paa tuwaqat'si 
pipeline, consistent with subparagraph (A), including--
(i) distribution of water;
(ii) responsibility for maintenance of the 
iina ba - paa tuwaqat'si pipeline or section of 
the iina ba - paa tuwaqat'si pipeline;
(iii) the allocation and payment of annual 
OM&R costs of the iina ba - paa tuwaqat'si 
pipeline or section of the iina ba - paa 
tuwaqat'si pipeline based on the proportionate 
uses and ownership of the iina ba - paa 
tuwaqat'si pipeline;
(iv) the process for transfer of operations 
and maintenance of a phase of the iina ba - paa 
tuwaqat'si pipeline in accordance with 
paragraph (2); and
(v) a right to sue in a district court of 
the United States to enforce the project 
operations agreement.
(b) Tribal Easements and Rights-of-Way.--
(1) Rights-of-way.--
(A) In general.--In partial consideration for the 
funding provided under section 13, the Navajo Nation, 
the Hopi Tribe, and the San Juan Southern Paiute Tribe 
shall each timely consent to the grant of rights-of-way 
as described in, and in accordance with, subparagraphs 
12.5.1, 12.5.2, and 12.5.3 of the Settlement Agreement.
(B) No cost to the united states.--Rights-of-way 
described in subparagraph (A) shall be at no cost to 
the United States.
(2) Legal devices.--With the consent of each affected 
Tribe, the Secretary may enter into legal devices, other than 
rights-of-way, such as construction corridors agreements, 
without cost to the United States, when operating within the 
jurisdiction of the Navajo Nation, Hopi Tribe, or San Juan 
Southern Paiute Tribe in furtherance of the planning, design, 
and construction of the iina ba - paa tuwaqat'si pipeline.
(3) Authorization and granting of rights-of-way.--The 
Secretary shall grant the rights-of-way consented to by the 
Tribes under paragraph (1).
(c) Applicability of the Indian Self-Determination and Education 
Assistance Act.--The Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5301 et seq.) shall not apply to the design, 
construction, operation, maintenance, or replacement of the iina ba - 
paa tuwaqat'si pipeline.

SEC. 9. IINA BA - PAA TUWAQAT'SI PIPELINE IMPLEMENTATION FUND ACCOUNT.

(a) Establishment.--The Secretary shall establish a non-trust, 
interest-bearing account, to be known as the ``iina ba - paa tuwaqat'si 
pipeline Implementation Fund Account'', to be managed and distributed 
by the Secretary, for use by the Secretary in carrying out this Act.
(b) Deposits.--The Secretary shall deposit in the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account the amounts made 
available pursuant to section 13(a)(1).
(c) Uses.--The iina ba - paa tuwaqat'si pipeline Implementation 
Fund Account shall be used by the Secretary to carry out section 8, 
including the acquisition of power.
(d) Interest.--In addition the amounts deposited in the iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account under subsection 
(b), any investment earnings, including interest credited to amounts 
unexpended in the iina ba - paa tuwaqat'si pipeline Implementation Fund 
Account, are authorized to be appropriated to be used in accordance 
with the uses described in subsection (c).

SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST FUND.

(a) Establishment.--The Secretary shall establish a trust fund for 
the Navajo Nation, to be known as the ``Navajo Nation Water Settlement 
Trust Fund,'' to be managed, invested, and distributed by the Secretary 
and to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Navajo Nation Water Settlement Trust Fund under subsection (c), 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Navajo Nation 
Water Settlement Trust Fund the following accounts:
(1) The Navajo Nation Water Projects Trust Fund Account.
(2) The Navajo Nation OM&R Trust Fund Account.
(3) The Navajo Nation Agricultural Conservation Trust Fund 
Account.
(4) The Navajo Nation Renewable Energy Trust Fund Account.
(5) The Navajo Nation Lower Basin Colorado River Water 
Acquisition Trust Fund Account.
(6) The Navajo Nation System Conservation Trust Fund 
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Navajo Nation Water Projects Trust Fund Account, 
the amounts made available pursuant to subparagraph (A)(i) of 
section 13(b)(3);
(2) in the Navajo Nation OM&R Trust Fund Account, the 
amounts made available pursuant to subparagraph (A)(ii) of that 
section;
(3) in the Navajo Nation Agricultural Conservation Trust 
Fund Account, the amounts made available pursuant to 
subparagraph (A)(iii) of that section;
(4) in the Navajo Nation Renewable Energy Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(A)(iv) of that section;
(5) in the Navajo Nation Lower Basin Colorado River Water 
Acquisition Trust Fund Account, the amounts made available 
pursuant to subparagraph (A)(v) of that section; and
(6) in the Navajo Nation System Conservation Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(A)(vi) of that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into 
the accounts in the Navajo Nation Water Settlement Trust Fund 
Accounts pursuant to subsection (c), the Secretary shall 
manage, invest, and distribute all amounts in the Navajo Nation 
Water Settlement Trust Fund in a manner that is consistent with 
the investment authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made 
to the Navajo Nation Water Settlement Trust Fund under 
subsection (c), any investment earnings, including interest, 
credited to amounts held in the Navajo Nation Water Settlement 
Trust Fund are authorized to be appropriated to be used in 
accordance with subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of 
1994.--
(A) In general.--The Navajo Nation may withdraw any 
portion of the amounts in the Navajo Nation Water 
Settlement Trust Fund on approval by the Secretary of a 
Tribal management plan submitted by the Navajo Nation 
in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements 
under the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
management plan under this paragraph shall require that 
the Navajo Nation spend all amounts withdrawn from the 
Navajo Nation Water Settlement Trust Fund, and any 
investment earnings accrued through the investments 
under the Tribal management plan, in accordance with 
this Act.
(C) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary--
(i) to enforce a Tribal management plan; 
and
(ii) to ensure that amounts withdrawn from 
the Navajo Nation Water Settlement Trust Fund 
by the Navajo Nation under this paragraph are 
used in accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The Navajo Nation may submit to 
the Secretary a request to withdraw funds from the 
Navajo Nation Water Settlement Trust Fund pursuant to 
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds 
under an expenditure plan under this paragraph, the 
Navajo Nation shall submit to the Secretary for 
approval an expenditure plan for any portion of the 
Navajo Nation Water Settlement Trust Fund that the 
Navajo Nation elects to withdraw pursuant to this 
paragraph, subject to the condition that the funds 
shall be used for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this 
paragraph shall include a description of the manner and 
purpose for which the amounts proposed to be withdrawn 
from the Navajo Nation Water Settlement Trust Fund 
Accounts will be used by the Navajo Nation in 
accordance with subsection (f).
(D) Approval.--On receipt of an expenditure plan 
under this paragraph, the Secretary shall approve the 
expenditure plan if the Secretary determines that the 
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used 
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary to enforce an expenditure 
plan under this paragraph to ensure that amounts 
disbursed under this paragraph are used in accordance 
with this Act.
(f) Uses.--Amounts from the Navajo Nation Water Settlement Trust 
Fund shall be used by the Navajo Nation for the following purposes:
(1) Navajo nation water projects trust fund account.--
Amounts in the Navajo Nation Water Projects Trust Fund Account 
may only be used for the purpose of environmental compliance, 
planning, engineering activities, and construction of projects 
designed to deliver potable water to communities, such as 
Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/
Nahata Dziil Area, Kayenta, and Oljato.
(2) Navajo nation om&r trust fund account.--Amounts in the 
Navajo Nation OM&R Trust Fund Account may only be used to pay 
OM&R costs of the Navajo Water projects described in paragraph 
(1) and the iina ba - paa tuwaqat'si pipeline project.
(3) Navajo nation agricultural conservation trust fund 
account.--
(A) In general.--Subject to subparagraph (B), 
amounts in the Navajo Nation Agricultural Conservation 
Trust Fund Account may only be used to pay the costs of 
improvements to reduce water shortages on the 
historically irrigated land of the Navajo Nation, 
including sprinklers, drip or other efficient 
irrigation systems, land leveling, wells, pipelines, 
pumps and storage, stream bank stabilization and 
restoration, pasture seeding and management, fencing, 
wind breaks, and alluvial wells.
(B) Limitation.--Not more than half of the amounts 
in the Navajo Nation Agricultural Conservation Trust 
Fund Account may be used for replacement and 
development of livestock wells and impoundments on the 
Navajo Reservation and Navajo Trust Land.
(4) Navajo nation renewable energy trust fund account.--
Amounts in the Navajo Nation Renewable Energy Trust Fund 
Account may only be used to pay the cost of planning, 
designing, and constructing renewable energy facilities to 
support the costs of operating the Navajo Nation Water projects 
and the iina ba - paa tuwaqat'si pipeline.
(5) Navajo nation lower basin colorado river water 
acquisition trust fund account.--Amounts in the Navajo Nation 
Lower Basin Colorado River Water Acquisition Trust Fund Account 
may only be used to purchase land within the State and 
associated Arizona Lower Basin Colorado River Water Rights.
(6) Navajo nation system conservation trust fund account.--
Amounts in the Navajo Nation System Conservation Trust Fund 
Account may only be used to compensate the Navajo Nation for 
the storage of System Conservation Eligible Water at Lake 
Powell.
(g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Navajo Nation Water Settlement Trust Fund by the 
Navajo Nation pursuant to subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Navajo Nation Water 
Settlement Trust Fund shall remain in the Navajo Nation.
(i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (6) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Navajo Nation, shall 
transfer the remaining amounts to one of the other accounts within the 
Navajo Nation Water Settlement Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--
(1) In general.--On written notification from the Secretary 
that the iina ba - paa tuwaqat'si Implementation Fund Account 
is insufficient and additional funds are necessary to complete 
the iina ba - paa tuwaqat'si pipeline in accordance with 
section 8, the Navajo Nation shall submit to the Secretary an 
expenditure plan for the transfer of funds from Navajo Nation 
Water Settlement Trust Fund to the iina ba - paa tuwaqat'si 
pipeline Implementation Fund Account.
(2) Proportionate share.--The cost share of the Navajo 
Nation for supplemental funding shall be based on the 
allocation of the iina ba - paa tuwaqat'si pipeline costs 
agreed on in the Cost-Sharing and System Integration Agreement 
for the iina ba - paa tuwaqat'si pipeline described in section 
8(a)(1)(F)(ii).
(k) Annual Report.--The Navajo Nation shall submit to the Secretary 
an annual expenditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management plan approved 
under paragraph (1) of subsection (e) or an expenditure plan approved 
under paragraph (2) of that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the Navajo Nation on a per capita basis.
(m) Effect.--Nothing in this section entitles the Navajo Nation to 
judicial review of a determination of the Secretary relating to whether 
to approve a Tribal management plan under paragraph (1) of subsection 
(e) or an expenditure plan under paragraph (2) of that subsection, or 
to take enforcement actions under paragraph (1)(C) or (2)(E) of that 
subsection, except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').

SEC. 11. HOPI TRIBE WATER SETTLEMENT TRUST FUND.

(a) Establishment.--The Secretary shall establish a trust fund for 
the Hopi Tribe, to be known as the ``Hopi Tribe Water Settlement Trust 
Fund'', to be managed, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Hopi Tribe Water Settlement Trust Fund under subsection (c), 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Hopi Tribe 
Water Settlement Trust Fund the following accounts:
(1) The Hopi Tribe Groundwater Projects Trust Fund Account.
(2) The Hopi Tribe OM&R Trust Fund Account.
(3) The Hopi Tribe Agricultural Conservation Trust Fund 
Account.
(4) The Hopi Tribe Lower Basin Colorado River Water 
Acquisition Trust Fund Account.
(5) The Hopi Tribe System Conservation Trust Fund Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Hopi Tribe Groundwater Projects Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(B)(i) of section 13(b)(3);
(2) in the Hopi Tribe OM&R Trust Fund Account, the amounts 
made available pursuant to subparagraph (B)(ii) of that 
section;
(3) in the Hopi Tribe Agricultural Conservation Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(B)(iii) of that section;
(4) in the Hopi Tribe Lower Basin Colorado River Water 
Acquisition Trust Fund Account, the amounts made available 
pursuant to subparagraph (B)(iv) of that section; and
(5) in the Hopi Tribe System Conservation Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(B)(v) of that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into 
the accounts in the Hopi Tribe Water Settlement Trust Fund 
Accounts pursuant to subsection (c), the Secretary shall 
manage, invest, and distribute all amounts in the Hopi Tribe 
Water Settlement Trust Fund in a manner that is consistent with 
the investment authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made 
to the Hopi Tribe Water Settlement Trust Fund under subsection 
(c), any investment earnings, including interest, credited to 
amounts held in the Hopi Tribe Water Settlement Trust Fund are 
authorized to be appropriated to be used in accordance with 
subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of 
1994.--
(A) In general.--The Hopi Tribe may withdraw any 
portion of the amounts in the Hopi Tribe Water 
Settlement Trust Fund on approval by the Secretary of a 
Tribal management plan submitted by the Hopi Tribe in 
accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements 
under the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
management plan under this paragraph shall require that 
the Hopi Tribe spend all amounts withdrawn from the 
Hopi Tribe Water Settlement Trust Fund, and any 
investment earnings accrued through the investments 
under the Tribal management plan, in accordance with 
this Act.
(C) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary--
(i) to enforce a Tribal management plan; 
and
(ii) to ensure that amounts withdrawn from 
the Hopi Tribe Water Settlement Trust Fund by 
the Hopi Tribe under this paragraph are used in 
accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The Hopi Tribe may submit to the 
Secretary a request to withdraw funds from the Hopi 
Tribe Water Settlement Trust Fund pursuant to an 
approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds 
under an expenditure plan under this paragraph, the 
Hopi Tribe shall submit to the Secretary for approval 
an expenditure plan for any portion of the Hopi Tribe 
Water Settlement Trust Fund that the Hopi Tribe elects 
to withdraw pursuant to this paragraph, subject to the 
condition that the funds shall be used for the purposes 
described in this Act.
(C) Inclusions.--An expenditure plan under this 
paragraph shall include a description of the manner and 
purpose for which the amounts proposed to be withdrawn 
from the Hopi Tribe Water Settlement Trust Fund 
Accounts will be used by the Hopi Tribe in accordance 
with subsection (f).
(D) Approval.--On receipt of an expenditure plan 
under this paragraph, the Secretary shall approve the 
expenditure plan if the Secretary determines that the 
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used 
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary to enforce an expenditure 
plan under this paragraph to ensure that amounts 
disbursed under this paragraph are used in accordance 
with this Act.
(f) Uses.--Amounts from the Hopi Tribe Water Settlement Trust Fund 
shall be used by the Hopi Tribe for the following purposes:
(1) The hopi tribe groundwater projects trust fund 
account.--Amounts in the Hopi Tribe Groundwater Projects Trust 
Fund Account may only be used for the purpose of environmental 
compliance, planning, engineering and design activities, and 
construction designed to deliver potable water to Hopi 
communities.
(2) The hopi tribe om&r trust fund account.--Amounts in the 
Hopi Tribe OM&R Trust Fund Account may only be used to pay the 
OM&R costs of the Hopi Groundwater projects described in 
paragraph (1) and the iina ba - paa tuwaqat'si pipeline 
project.
(3) The hopi tribe agricultural conservation trust fund 
account.--Amounts in the Hopi Tribe Agricultural Conservation 
Trust Fund Account may only be used to pay the costs of 
improvements to reduce water shortages on the historically 
irrigated land and grazing land of the Hopi Tribe, including 
sprinklers, drip or other efficient irrigation systems, land 
leveling, wells, impoundments, pipelines, pumps and storage, 
stream bank stabilization and restoration, pasture seeding and 
management, fencing, and wind breaks, and alluvial wells, and 
spring restoration, repair, replacement, and relocation of low 
technology structures to support Akchin farming, flood-water 
farming, and other traditional farming practices.
(4) The hopi tribe lower basin colorado river water 
acquisition trust fund account.--Amounts in the Hopi Tribe 
Lower Basin Colorado River Water Acquisition Trust Fund Account 
may only be used to purchase land within the State and 
associated Arizona Lower Basin Colorado River Water Rights.
(5) The hopi tribe system conservation trust fund 
account.--Amounts in the Hopi Tribe System Conservation Trust 
Fund Account may only be used to compensate the Hopi Tribe or 
the Navajo Nation for the storage of System Conservation 
Eligible Water at Lake Powell consistent with section 
6(c)(4)(C)(i)(III).
(g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Hopi Tribe Water Settlement Trust Fund by the Hopi 
Tribe pursuant to subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Hopi Tribe Water 
Settlement Trust Fund shall remain in the Hopi Tribe.
(i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (5) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Hopi Tribe, shall 
transfer the remaining amounts to one of the other accounts within the 
Hopi Tribe Water Settlement Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--
(1) In general.--On written notification from the Secretary 
that the iina ba - paa tuwaqat'si Implementation Fund Account 
is insufficient and additional funds are necessary to complete 
the iina ba - paa tuwaqat'si pipeline in accordance with 
section 8, the Hopi Tribe shall submit to the Secretary an 
expenditure plan for the transfer of funds from the Hopi Tribe 
Water Settlement Trust Fund to the iina ba - paa tuwaqat'si 
pipeline Implementation Fund Account.
(2) Proportionate share.--The cost share of the Hopi Tribe 
for supplemental funding shall be based on the allocation of 
the iina ba - paa tuwaqat'si pipeline costs agreed on in the 
Cost-Sharing and System Integration Agreement for the iina ba - 
paa tuwaqat'si pipeline described in section 8(a)(1)(F)(ii).
(k) Annual Report.--The Hopi Tribe shall submit to the Secretary an 
annual expenditure report describing accomplishments and amounts spent 
from use of withdrawals under a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the Hopi Tribe on a per capita basis.
(m) Effect.--Nothing in this section entitles the Hopi Tribe to 
judicial review of a determination of the Secretary relating to whether 
to approve a Tribal management plan under paragraph (1) of subsection 
(e) or an expenditure plan under paragraph (2) of that subsection, or 
to take enforcement actions under paragraph (1)(C) or (2)(E) of that 
subsection, except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').

SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SETTLEMENT TRUST FUND.

(a) Establishment.--The Secretary shall establish a trust fund for 
the San Juan Southern Paiute Tribe, to be known as the ``San Juan 
Southern Paiute Tribe Water Settlement Trust Fund'', to be managed, 
invested, and distributed by the Secretary and to remain available 
until expended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the Trust Fund 
Accounts under subsection (c), together with any investment earnings, 
including interest, earned on those amounts, for the purpose of 
carrying out this Act.
(b) Accounts.--The Secretary shall establish in the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund the following 
accounts:
(1) The San Juan Southern Paiute Tribe Groundwater Projects 
Trust Fund Account.
(2) The San Juan Southern Paiute Tribe Agricultural 
Conservation Trust Fund Account.
(3) The San Juan Southern Paiute Tribe OM&R Trust Fund 
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the San Juan Southern Paiute Tribe Groundwater 
Projects Trust Fund Account, the amounts made available 
pursuant to subparagraph (C)(i) of section 13(b)(3);
(2) in the San Juan Southern Paiute Tribe Agricultural 
Conservation Trust Fund Account, the amounts made available 
pursuant to subparagraph (C)(iii) of that section; and
(3) in the San Juan Southern Paiute Tribe OM&R Trust Fund 
Account, the amounts made available pursuant to subparagraph 
(C)(ii) of that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into 
the accounts in the San Juan Southern Paiute Water Settlement 
Trust Fund Accounts pursuant to subsection (c), the Secretary 
shall manage, invest, and distribute all amounts in the San 
Juan Southern Paiute Water Settlement Trust Fund Accounts in a 
manner that is consistent with the investment authority of the 
Secretary under--
(A) the first section of the Act of June 24, 1938 
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made 
to the San Juan Southern Paiute Tribe Water Settlement Trust 
Fund under subsection (c), any investment earnings, including 
interest, credited to amounts held in accounts of the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund are 
authorized to be appropriated to be used in accordance with 
subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of 
1994.--
(A) In general.--The San Juan Southern Paiute Tribe 
may withdraw any portion of the amounts in the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund on 
approval by the Secretary of a Tribal management plan 
submitted by the San Juan Southern Paiute Tribe in 
accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements 
under the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
management plan under this paragraph shall require that 
the San Juan Southern Paiute Tribe spend all amounts 
withdrawn from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund, and any investment earnings 
accrued through the investments under the Tribal 
management plan, in accordance with this Act.
(C) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary--
(i) to enforce a Tribal management plan; 
and
(ii) to ensure that amounts withdrawn from 
the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund by the San Juan Southern 
Paiute Tribe under this paragraph are used in 
accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The San Juan Southern Paiute Tribe 
may submit to the Secretary a request to withdraw funds 
from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund pursuant to an approved 
expenditure plan.
(B) Requirements.--To be eligible to withdraw funds 
under an expenditure plan under this paragraph, the San 
Juan Southern Paiute Tribe shall submit to the 
Secretary for approval an expenditure plan for any 
portion of the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund that the San Juan Southern Paiute 
Tribe elects to withdraw pursuant to this paragraph, 
subject to the condition that the funds shall be used 
for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this 
paragraph shall include a description of the manner and 
purpose for which the amounts proposed to be withdrawn 
from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund Accounts will be used by the San 
Juan Southern Paiute Tribe in accordance with 
subsection (f).
(D) Approval.--On receipt of an expenditure plan 
under this paragraph, the Secretary shall approve the 
expenditure plan if the Secretary determines that the 
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used 
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such 
judicial and administrative actions as the Secretary 
determines to be necessary to enforce an expenditure 
plan under this paragraph to ensure that amounts 
disbursed under this paragraph are used in accordance 
with this Act.
(f) Uses.--Amounts from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund shall be used by the San Juan Southern Paiute 
Tribe for the following purposes:
(1) The san juan southern paiute tribe groundwater projects 
trust fund account.--Amounts in the San Juan Southern Paiute 
Tribe Groundwater Projects Trust Fund Account may only be used 
to pay the cost of designing and constructing water projects, 
including Water treatment facilities, pipelines, storage tanks, 
pumping stations, pressure reducing valves, electrical 
transmission facilities, and the other appurtenant items, 
including real property and easements necessary to deliver 
water to the areas served.
(2) The san juan southern paiute tribe agricultural 
conservation trust fund account.--
(A) In general.--Subject to subparagraph (B), 
amounts in the San Juan Southern Paiute Tribe 
Agricultural Conservation Trust Fund Account may only 
be used to pay the costs of improvements to reduce 
water shortages on the historically irrigated land of 
the San Juan Southern Paiute Tribe, including 
sprinklers, drip or other efficient irrigation systems, 
land leveling, wells, pipelines, pumps and storage, 
stream bank stabilization and restoration, pasture 
seeding and management, fencing, wind breaks, and 
alluvial wells.
(B) Limitation.--Not more than half of the amounts 
in the San Juan Southern Paiute Tribe Agricultural 
Conservation Trust Fund Account may be used for 
replacement and development of livestock wells and 
impoundments on San Juan Southern Paiute Land.
(3) The san juan southern paiute tribe om&r trust fund 
account.--Amounts in the San Juan Southern Paiute Tribe OM&R 
Trust Fund Account may only be used to pay the OM&R costs of 
the San Juan Southern Paiute Tribe Water projects described in 
paragraph (1) and for the imputed costs for delivery of water 
from the iina ba - paa tuwaqat'si pipeline.
(g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to 
subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan 
Southern Paiute Tribe.
(i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (3) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the San Juan Southern 
Paiute Tribe, shall transfer the remaining amounts to one of the other 
accounts within the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its 
sole discretion, the San Juan Southern Paiute Tribe may use amounts in 
the San Juan Southern Paiute Tribe Water Settlement Trust Fund to 
supplement funds in the iina ba - paa tuwaqat'si pipeline 
Implementation Fund Account.
(k) Annual Report.--The San Juan Southern Paiute Tribe shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan submitted under paragraph (1) of subsection (e) 
or an expenditure plan under paragraph (2) of that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the San Juan Southern Paiute Tribe on a per capita basis.
(m) Effect.--Nothing in this section entitles the San Juan Southern 
Paiute Tribe to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection, or to take enforcement actions under paragraph (1)(C) 
or (2)(E) of that subsection, except as provided under subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').

SEC. 13. FUNDING.

(a) Iina ba - Paa Tuwaqat'si Pipeline Implementation Fund 
Account.--
(1) Mandatory appropriation.--Out of any funds in the 
Treasury not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary $1,715,000,000 for 
deposit in the iina ba - paa tuwaqat'si pipeline Implementation 
Fund Account, to carry out the planning, engineering, design, 
environmental compliance, and construction of the iina ba - paa 
tuwaqat'si pipeline, to remain available until expended, 
withdrawn, or reverted to the general fund of the Treasury.
(2) Availability.--
(A) In general.--Except as provided in subparagraph 
(B), amounts appropriated to and deposited in the iina 
ba - paa tuwaqat'si pipeline Implementation Fund 
Account under paragraph (1) shall not be available for 
expenditure until the Enforceability Date.
(B) Exception.--Of the amounts made available under 
paragraph (1), $250,000,000 shall be made available 
before the Enforceability Date for the Bureau to carry 
out environmental compliance and preliminary design of 
the iina ba - paa tuwaqat'si pipeline, subject to the 
following:
(i) The revision of the Settlement 
Agreement and exhibits to conform to this Act.
(ii) Execution by all of the required 
settlement parties, including the United 
States, to the conformed Settlement Agreement 
and exhibits, including the waivers and 
releases of claims under section 14.
(3) Settlement funding sources.--If the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account is insufficient 
to complete the iina ba - paa tuwaqat'si pipeline in accordance 
with section 8, the Navajo Nation and Hopi Tribe shall provide 
necessary supplemental funding from the Water Settlement Trust 
Fund of the Tribe as described in sections 10(j) and 11(j).
(b) Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water 
Settlement Trust Fund and the San Juan Southern Paiute Settlement Trust 
Fund.--
(1) Mandatory appropriation.--Out of any funds in the 
Treasury not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary $3,421,400,000, for 
deposit in the Navajo Nation Water Settlement Trust Fund, the 
Hopi Tribe Water Settlement Trust Fund, and the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund, in 
accordance with paragraph (3), to remain available until 
expended, withdrawn, or reverted to the general fund of the 
Treasury.
(2) Availability.--Amounts appropriated to and deposited in 
the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe 
Water Settlement Trust Fund, and the San Juan Southern Paiute 
Water Settlement Trust Fund under paragraph (1) shall not be 
available for expenditure until the Enforceability Date.
(3) Allocation.--The Secretary shall distribute and deposit 
the amounts made available under paragraph (1) in accordance 
with the following:
(A) The navajo nation water settlement trust 
fund.--The Secretary shall deposit in the Navajo Nation 
Water Settlement Trust Fund $2,876,416,400 to remain 
available until expended, withdrawn, or reverted to the 
general fund of the Treasury and to be allocated to the 
accounts of the Navajo Nation Water Settlement Trust 
Fund in accordance with the following:
(i) The Navajo Nation Water Projects Trust 
Fund Account, $2,369,200,000.
(ii) The Navajo Nation OM&R Trust Fund 
Account, $229,500,000.
(iii) The Navajo Nation Agricultural 
Conservation Trust Fund Account, $80,000,000.
(iv) The Navajo Nation Renewable Energy 
Trust Fund Account, $40,000,000.
(v) The Navajo Nation Lower Basin Colorado 
River Water Acquisition Trust Fund Account, 
$28,000,000.
(vi) The Navajo Nation System Conservation 
Trust Fund Account, $129,716,400.
(B) The hopi tribe water settlement trust fund.--
The Secretary shall deposit in the Hopi Tribe Water 
Settlement Trust Fund $515,183,600, to remain available 
until expended, withdrawn, or reverted to the general 
fund of the Treasury and to be allocated to the 
accounts of the Hopi Tribe Water Settlement Trust Fund 
in accordance with the following:
(i) The Hopi Tribe Groundwater Projects 
Trust Fund Account, $390,000,000.
(ii) The Hopi Tribe OM&R Trust Fund 
Account, $87,000,000.
(iii) The Hopi Tribe Agricultural 
Conservation Trust Fund Account, $30,000,000.
(iv) The Hopi Tribe Lower Basin Colorado 
River Water Acquisition Trust Fund Account, 
$1,500,000.
(v) The Hopi Tribe System Conservation 
Trust Fund Account, $6,683,600.
(C) The san juan southern paiute tribe water 
settlement trust fund.--The Secretary shall deposit in 
the San Juan Southern Paiute Water Settlement Trust 
Fund $29,800,000, to remain available until expended, 
withdrawn, or reverted to the general fund of the 
Treasury and to be allocated to the accounts of the San 
Juan Southern Paiute Water Settlement Trust Fund in 
accordance with the following:
(i) The San Juan Southern Paiute 
Groundwater Projects Trust Fund Account, 
$28,000,000.
(ii) The San Juan Southern Paiute OM&R 
Trust Fund Account, $1,500,000.
(iii) The San Juan Southern Paiute 
Agricultural Conservation Trust Fund Account, 
$300,000.
(c) Supplemental Iina ba - Paa Tuwaqat'si Pipeline Implementation 
Fund Account Reserve.--
(1) In general.--In order to address the preliminary 
estimate level of the value planning study described in section 
8(a)(1)(C)(iii), and the risk that the amount in the iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account may be 
insufficient to complete construction of the iina ba - paa 
tuwaqat'si pipeline, until the Secretary completes a 
feasibility-level design and estimate for the iina ba - paa 
tuwaqat'si pipeline, 50 percent of the Navajo Nation Water 
Settlement Trust Fund and 50 percent of the Hopi Tribe Water 
Settlement Trust Fund--
(A) shall not be available for withdrawal, except 
pursuant to sections 10(j)(1) and 11(j)(1); and
(B) shall remain available to supplement the iina 
ba - paa tuwaqat'si pipeline Implementation Fund 
Account.
(2) On completion of feasibility study.--On completion of 
the feasibility-level estimate, value planning, and final 
design approved by the Navajo Nation, Hopi Tribe, and the 
Secretary, a percentage of the Navajo Nation Water Settlement 
Trust Fund and the Hopi Tribe Water Settlement Trust Fund to be 
determined by the Secretary--
(A) shall not be available for withdrawal, except 
pursuant to sections 10(j)(1) and 11(j)(1); and
(B) shall remain available to supplement iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account 
until the Secretary notifies the Tribes in writing that 
supplemental funding is no longer needed.
(d) Credits to Accounts.--
(1) In general.--The interest on, and the proceeds from, 
the sale or redemption of, any obligations held in the Navajo 
Nation Water Settlement Trust Fund, the Hopi Tribe Water 
Settlement Trust Fund, and the San Juan Southern Paiute Water 
Settlement Trust Fund shall be credited to and form a part of 
the applicable Trust Fund.
(2) Use of trust funds.--Amounts appropriated to and 
deposited in the Navajo Nation Water Settlement Trust Fund, the 
Hopi Tribe Water Settlement Trust Fund, and the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund may be used 
as described in sections 10, 11, and 12 and paragraph 12 of the 
Settlement Agreement.
(e) Fluctuation in Costs.--
(1) Implementation fund account.--The amounts appropriated 
and authorized to be appropriated under subsection (a) shall 
be--
(A) increased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after January 1, 2024, 
as indicated by the Bureau Construction Cost Trends 
Index applicable to the types of construction involved; 
and
(B) adjusted to address construction cost changes 
necessary to account for unforeseen market volatility 
that may not otherwise be captured by engineering cost 
indices as determined by the Secretary, including 
repricing applicable to the types of construction and 
current industry standards involved.
(2) Trust funds.--The amounts appropriated and authorized 
to be appropriated under subsection (b) shall be--
(A) increased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after January 1, 2024, 
as indicated by the Bureau Construction Cost Index--
Composite Trend, except for the OM&R trust funds which 
shall be adjusted based on the Bureau OM&R Cost Index; 
and
(B) adjusted to address construction cost changes 
necessary to account for unforeseen market volatility 
that may not otherwise be captured by engineering cost 
indices as determined by the Secretary, including 
repricing applicable to the types of construction and 
current industry standards involved.
(3) Repetition.--The adjustment process under paragraphs 
(1) and (2) shall be repeated for each subsequent amount 
appropriated until the amount appropriated and authorized to be 
appropriated, as applicable, under subsections (a) and (b), as 
adjusted, has been appropriated.
(4) Period of indexing.--
(A) Implementation fund.--With respect to the iina 
ba - paa tuwaqat'si pipeline Implementation Fund 
Account, the period of adjustment under paragraph (1) 
for any increment of funding shall be annually until 
the iina ba - paa tuwaqat'si pipeline project is 
completed.
(B) Trust funds.--With respect to the Navajo Nation 
Water Settlement Trust Fund, the Hopi Tribe Water 
Settlement Trust Fund, and the San Juan Southern Paiute 
Water Settlement Trust Fund, the period of indexing 
adjustment under paragraph (2) for any increment of 
funding shall end on the date on which the funds are 
deposited into the Trust Funds.

SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.

(a) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), and 
the United States, Acting as Trustee for the Navajo Nation and the 
Members of the Navajo Nation (but Not Members in the Capacity of the 
Members as Navajo Allottees) Against the State and Others.--
(1) In general.--Except as provided in paragraph (3), the 
Navajo Nation, on behalf of the Navajo Nation and the Members 
of the Navajo Nation (but not Members in the capacity of the 
Members as Navajo Allottees), and the United States, acting as 
trustee for the Navajo Nation and the Members of the Navajo 
Nation (but not Members in the capacity of the Members as 
Navajo Allottees), as part of the performance of the respective 
obligations of the Navajo Nation and the United States under 
the Settlement Agreement and this Act, are authorized to 
execute a waiver and release of all claims against the State 
(or any agency or political subdivision of the State), the Hopi 
Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe, 
and any other individual, entity, corporation, or municipal 
corporation under Federal, State, or other law for all of the 
following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Navajo Land, arising from time immemorial and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the predecessors 
of the Navajo Nation, the Members of the Navajo Nation, 
or predecessors of the Members of the Navajo Nation.
(C) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Navajo Land, arising from time immemorial 
through the Enforceability Date.
(D) Past, present, and future claims for Injury to 
Water for Navajo Land, arising from time immemorial 
and, thereafter, forever.
(E) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the Navajo 
Nation, the predecessors of the Navajo Nation, the 
Members of the Navajo Nation, or predecessors of the 
Members of the Navajo Nation.
(F) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, for Navajo Land, resulting 
from the diversion or Use of water outside of Navajo 
Land in a manner not in violation of the Settlement 
Agreement or State law.
(G) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.1 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.1 
to the Settlement Agreement, the Navajo Nation, acting on 
behalf of the Navajo Nation and the Members of the Navajo 
Nation (but not Members in the capacity of the Members as 
Navajo Allottees), and the United States, acting as trustee for 
the Navajo Nation and the Members of the Navajo Nation (but not 
Members in the capacity of the Members as Navajo Allottees), 
shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Nation under 
the Settlement Agreement, whether those rights are 
generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Nation under 
the LCR Decree and the Gila River Adjudication Decree;
(C) to assert claims for Water Rights, for land 
owned or acquired by the Navajo Nation in fee, or held 
in trust by the United States for the Navajo Nation, in 
the LCR Watershed pursuant to subparagraphs 4.11 and 
4.12, of the Settlement Agreement, or in the Gila River 
Basin pursuant to subparagraphs 4.14 and 4.15 of the 
Settlement Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe.
(b) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Navajo Allottees Against the State and 
Others.--
(1) In general.--Except as provided in paragraph (3), the 
United States, acting as trustee for the Navajo Allottees, as 
part of the performance of the obligations of the United States 
under the Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the State 
(or any agency or political subdivision of the State), the 
Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San 
Juan Southern Paiute Tribe, and any other individual, entity, 
corporation, or municipal corporation under Federal, State, or 
other law, for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Navajo Allotments, arising from time immemorial and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Navajo Allottees or 
predecessors of the Navajo Allottees.
(C) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Navajo Allotments, arising from time 
immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to 
Water for Navajo Allotments, arising from time 
immemorial and, thereafter, forever.
(E) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by Navajo Allottees 
or predecessors of the Navajo Allottees.
(F) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, for the Navajo Allotments, 
resulting from the diversion or Use of water outside of 
Navajo Allotments in a manner not in violation of the 
Settlement Agreement or State law.
(G) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.2 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1), the United 
States, acting as trustee for the Navajo Allottees, shall 
retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Allottees 
under the Settlement Agreement, whether those rights 
are generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Allottees 
under the LCR Decree;
(C) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Navajo Nation, 
the Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and
(D) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Navajo Nation, 
the Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe.
(c) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), 
Against the United States.--
(1) In general.--Except as provided in paragraph (3), the 
Navajo Nation, acting on behalf of the Navajo Nation and the 
Members of the Navajo Nation (but not Members in the capacity 
of the Members as Navajo Allottees), as part of the performance 
of the obligations of the Navajo Nation under the Settlement 
Agreement and this Act, is authorized to execute a waiver and 
release of all claims against the United States, including 
agencies, officials, and employees of the United States, under 
Federal, State, or other law for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Navajo Land arising from time immemorial and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the predecessors 
of the Navajo Nation, the Members of the Navajo Nation, 
or predecessors of the Members of the Navajo Nation.
(C) Claims for Water Rights within the State that 
the United States, acting as trustee for the Navajo 
Nation and Navajo Allottees, asserted or could have 
asserted in any proceeding, except to the extent that 
such rights are recognized as part of the Navajo 
Nation's Water Rights under this Act.
(D) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Navajo Land, arising from time immemorial 
through the Enforceability Date.
(E) Past, present, and future claims for Injury to 
Water for Navajo Land, arising from time immemorial 
and, thereafter, forever.
(F) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the Navajo 
Nation, the predecessors of the Navajo Nation, the 
Members of the Navajo Nation, or predecessors of the 
Members of the Navajo Nation.
(G) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date for Navajo Land, resulting from 
the diversion or Use of water outside of Navajo Land in 
a manner not in violation of the Settlement Agreement 
or State law.
(H) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(I) Past, present, and future claims arising out 
of, or relating in any manner to, United States 
Geological Survey monitoring and reporting activities 
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from 
time immemorial and, thereafter, forever, relating in 
any manner to Injury to Water or Injury to Water Rights 
based on the provisions of paragraphs 8.0 and 9.0 of 
the Settlement Agreement.
(K) Past and present claims for foregone benefits 
from non-Navajo Use of water, on and off Navajo Land 
(including water from all sources and for all Uses), 
within the State arising before the Enforceability 
Date.
(L) Past and present claims for damage, loss, or 
injury to land or natural resources due to loss of 
water or Water Rights, including damages, losses, or 
injuries to hunting, fishing, gathering, or cultural 
rights due to loss of water or Water Rights, claims 
relating to interference with, diversion of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising before 
the Enforceability Date.
(M) Past and present claims arising before the 
Enforceability Date from a failure to provide for 
operation, maintenance, or deferred maintenance for any 
irrigation system or irrigation project on Navajo Land.
(N) Past and present claims arising before the 
Enforceability Date from a failure to establish or 
provide a municipal, rural, or industrial water 
delivery system on Navajo Land.
(O) Past and present claims for damage, loss, or 
injury to land or natural resources due to 
construction, operation, and management of irrigation 
projects on Navajo Land, including damages, losses, or 
injuries to fish habitat, wildlife, and wildlife 
habitat, within the State arising before the 
Enforceability Date.
(P) Past and present claims arising before the 
Enforceability Date from a failure to provide a dam 
safety improvement to a dam on Navajo Land within the 
State.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.3 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.3 
to the Settlement Agreement, the Navajo Nation and the Members 
of the Navajo Nation (but not Members in the capacity of the 
Members as Allottees) shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Nation under 
the Settlement Agreement, whether those rights are 
generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Navajo Nation under 
the LCR Decree and the Gila River Adjudication Decree;
(C) to assert claims for Water Rights for land 
owned or acquired by the Navajo Nation in fee in the 
LCR Watershed pursuant to subparagraphs 4.11 and 4.12 
of the Settlement Agreement, or in the Gila River Basin 
pursuant to subparagraphs 4.14 and 4.15 of the 
Settlement Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Hopi Tribe, the 
San Juan Southern Paiute Tribe, and the Zuni 
Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Hopi Tribe, the 
San Juan Southern Paiute Tribe, and the Zuni 
Tribe.
(d) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Navajo Nation and the Members of the Navajo Nation.--
(1) In general.--Except as provided in paragraph (3), the 
United States, in all capacities (except as trustee for an 
Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
the San Juan Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the Settlement 
Agreement and this Act, is authorized to execute a waiver and 
release of all claims against the Navajo Nation, the Members of 
the Navajo Nation, or any agency, official, or employee of the 
Navajo Nation, under Federal, State, or any other law for all 
of the following:
(A) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, resulting from the diversion or Use of water on 
Navajo Land, arising from time immemorial through the 
Enforceability Date.
(B) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, resulting from the diversion 
or Use of water on Navajo Land in a manner that is not 
in violation of this Agreement or State law.
(C) Past, present, and future claims arising out 
of, or related in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.4 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.4 
to the Settlement Agreement, the United States shall retain any 
right to assert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Federal or State 
court of competent jurisdiction.
(e) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), and the 
United States, Acting as Trustee for the Hopi Tribe and the Members of 
the Hopi Tribe (but Not Members in the Capacity of the Members as Hopi 
Allottees) Against the State and Others.--
(1) In general.--Except as provided in paragraph (3), the 
Hopi Tribe, on behalf of the Hopi Tribe and the Members of the 
Hopi Tribe (but not Members in the capacity of the Members as 
Hopi Allottees), and the United States, acting as trustee for 
the Hopi Tribe and the Members of the Hopi Tribe (but not 
Members in the capacity of the Members as Hopi Allottees), as 
part of the performance of the respective obligations of the 
Hopi Tribe and the United States under the Settlement Agreement 
and this Act, are authorized to execute a waiver and release of 
all claims against the State (or any agency or political 
subdivision of the State), the Navajo Nation, the Navajo 
Allottees, the San Juan Southern Paiute Tribe, and any other 
individual, entity, corporation, or municipal corporation under 
Federal, State, or other law for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Hopi Land, arising from time immemorial and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Hopi Tribe, the predecessors of 
the Hopi Tribe, the Members of the Hopi Tribe, or 
predecessors of the Members of the Hopi Tribe.
(C) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Hopi Land, arising from time immemorial 
through the Enforceability Date.
(D) Past, present, and future claims for Injury to 
Water for Hopi Land, arising from time immemorial and, 
thereafter, forever.
(E) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the Hopi Tribe, 
the predecessors of the Hopi Tribe, the Members of the 
Hopi Tribe, or predecessors of the Members of the Hopi 
Tribe.
(F) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, for Hopi Land, resulting from 
the diversion or Use of water outside of Hopi Land in a 
manner not in violation of the Settlement Agreement or 
State law.
(G) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.6 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.6 
to the Settlement Agreement, the Hopi Tribe, acting on behalf 
of the Hopi Tribe and the Members of the Hopi Tribe (but not 
Members in the capacity of the Members as Hopi Allottees), and 
the United States, acting as trustee for the Hopi Tribe and the 
Members of the Hopi Tribe (but not Members in the capacity of 
the Members as Hopi Allottees), shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Tribe under the 
Settlement Agreement, whether those rights are 
generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Tribe under the 
LCR Decree;
(C) to assert claims for Water Rights for land 
owned or acquired by the Hopi Tribe in fee, or held in 
trust by the United States for the Hopi Tribe, in the 
LCR Watershed pursuant to subparagraphs 5.10 and 5.11 
of the Settlement Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Navajo Nation, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Navajo Nation, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe.
(f) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Hopi Allottees Against the State and 
Others.--
(1) In general.--Except as provided in paragraph (3), the 
United States, acting as trustee for the Hopi Allottees, as 
part of the performance of the obligations of the United States 
under the Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the State 
(or any agency or political subdivision of the State), the Hopi 
Tribe, the Navajo Nation, the Navajo Allottees, and the San 
Juan Southern Paiute Tribe, and any other individual, entity, 
corporation, or municipal corporation under Federal, State, or 
other law, for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Hopi Allotments, arising from time immemorial, and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Hopi Allottees or predecessors 
of the Hopi Allottees.
(C) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Hopi Allotments, arising from time 
immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to 
Water for Hopi Allotments, arising from time immemorial 
and, thereafter, forever.
(E) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by Hopi Allottees or 
predecessors of the Hopi Allottees.
(F) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, for the Hopi Allotments, 
resulting from the diversion or Use of water outside of 
the Hopi Allotments in a manner not in violation of the 
Settlement Agreement or State law.
(G) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.7 of the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.7 
of the Settlement Agreement, the United States acting as 
trustee for the Hopi Allottees, shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Allottees under 
the Settlement Agreement, whether those rights are 
generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Allottees under 
the LCR Decree;
(C) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Hopi Tribe, the 
Navajo Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and
(D) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Hopi Tribe, the 
Navajo Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe.
(g) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), Against the 
United States.--
(1) In general.--Except as provided in paragraph (3), the 
Hopi Tribe, acting on behalf of the Hopi Tribe and the Members 
of the Hopi Tribe (but not Members in the capacity of the 
Members as Hopi Allottees), as part of the performance of the 
obligations of the Hopi Tribe under the Settlement Agreement 
and this Act, is authorized to execute a waiver and release of 
all claims against the United States, including agencies, 
officials, and employees of the United States, under Federal, 
State, or other law for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
Hopi Land, arising from time immemorial and, 
thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the Hopi Tribe, the predecessors of 
the Hopi Tribe, the Members of the Hopi Tribe, or 
predecessors of the Members of the Hopi Tribe.
(C) Claims for Water Rights within the State that 
the United States, acting as trustee for the Hopi Tribe 
and Hopi Allottees, asserted or could have asserted in 
any proceeding, except to the extent that such rights 
are recognized as part of the Hopi Tribe's Water Rights 
under this Act.
(D) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for Hopi Land, arising from time immemorial 
through the Enforceability Date.
(E) Past, present, and future claims for Injury to 
Water for Hopi Land, arising from time immemorial and, 
thereafter, forever.
(F) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the Hopi Tribe, 
the predecessors of the Hopi Tribe, the Members of the 
Hopi Tribe, or predecessors of the Members of the Hopi 
Tribe.
(G) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date for Hopi Land, resulting from 
the diversion or Use of water outside of Hopi Land in a 
manner not in violation of the Settlement Agreement or 
State law.
(H) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(I) Past, present, and future claims arising out 
of, or relating in any manner to, United States 
Geological Survey monitoring and reporting activities 
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from 
time immemorial and, thereafter, forever, relating in 
any manner to Injury to Water or Injury to Water Rights 
based on the provisions of paragraphs 8.0 and 9.0 of 
the Settlement Agreement.
(K) Past and present claims for foregone benefits 
from non-Hopi Use of water, on and off Hopi Land 
(including water from all sources and for all Uses), 
within the State arising before the Enforceability 
Date.
(L) Past and present claims for damage, loss, or 
injury to land, or natural resources due to loss of 
water or Water Rights, including damages, losses, or 
injuries to hunting, fishing, gathering, or cultural 
rights due to loss of water or Water Rights, claims 
relating to interference with, diversion of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising before 
the Enforceability Date.
(M) Past and present claims arising before the 
Enforceability Date from a failure to provide for 
operation, maintenance, or deferred maintenance for any 
irrigation system or irrigation project on Hopi Land.
(N) Past and present claims arising before the 
Enforceability Date from a failure to establish or 
provide a municipal, rural, or industrial water 
delivery system on Hopi Land.
(O) Past and present claims for damage, loss, or 
injury to land or natural resources due to 
construction, operation, and management of irrigation 
projects on Hopi Land, including damages, losses, or 
injuries to fish habitat, wildlife, and wildlife 
habitat, within the State arising before the 
Enforceability Date.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.8 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.8 
to the Settlement Agreement, the Hopi Tribe and the Members of 
the Hopi Tribe (but not Members in the capacity of the Members 
as Hopi Allottees) shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Tribe under the 
Settlement Agreement, whether those rights are 
generally stated or specifically described, or this 
Act, in any Federal or State court of competent 
jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the Hopi Tribe under the 
LCR Decree;
(C) to assert claims for Water Rights for land 
owned or acquired by the Hopi Tribe in fee in the LCR 
Watershed pursuant to subparagraphs 5.10 and 5.11 of 
the Settlement Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Navajo Nation, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo 
Nation, the San Juan Southern Paiute Tribe, and 
the Zuni Tribe; or
(ii) the United States acting on behalf of 
any Indian Tribe other than the Navajo Nation, 
the San Juan Southern Paiute Tribe, and the 
Zuni Tribe.
(h) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Hopi Tribe and the Members of the Hopi Tribe.--
(1) In general.--Except as provided in paragraph (3), the 
United States, in all capacities (except as trustee for an 
Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
the San Juan Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the Settlement 
Agreement and this Act, is authorized to execute a waiver and 
release of all claims against the Hopi Tribe, the Members of 
the Hopi Tribe, or any agency, official, or employee of the 
Hopi Tribe, under Federal, State, or any other law for all of 
the following:
(A) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, resulting from the diversion or Use of water on 
Hopi Land arising from time immemorial through the 
Enforceability Date.
(B) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, resulting from the diversion 
or Use of water on Hopi Land in a manner that is not in 
violation of the Settlement Agreement or State law.
(C) Past, present, and future claims arising out 
of, or related in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.9 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.9 
to the Settlement Agreement, the United States shall retain any 
right to assert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Federal or State 
court of competent jurisdiction.
(i) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, and the United States, 
Acting as Trustee for the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe Against the State and 
Others.--
(1) In general.--Except as provided in paragraph (3), the 
San Juan Southern Paiute Tribe, on behalf of the San Juan 
Southern Paiute Tribe and the Members of the San Juan Southern 
Paiute Tribe, and the United States, acting as trustee for the 
San Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe, as part of the performance of the 
respective obligations of the San Juan Southern Paiute Tribe 
and the United States under the Settlement Agreement and this 
Act, is authorized to execute a waiver and release of all 
claims against the State (or any agency or political 
subdivision of the State), the Hopi Tribe, the Hopi Allottees, 
the Navajo Nation, the Navajo Allottees, and any other 
individual, entity, corporation, or municipal corporation under 
Federal, State, or other law for all of the following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
San Juan Southern Paiute Land, arising from time 
immemorial and, thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the San Juan Southern Paiute Tribe, 
the predecessors of the San Juan Southern Paiute Tribe, 
the Members of the San Juan Southern Paiute Tribe, or 
predecessors of the Members of the San Juan Southern 
Paiute Tribe.
(C) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for San Juan Southern Paiute Land, arising from 
time immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to 
Water for San Juan Southern Paiute Land, arising from 
time immemorial and, thereafter, forever.
(E) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the San Juan 
Southern Paiute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San Juan 
Southern Paiute Tribe, or predecessors of the Members 
of the San Juan Southern Paiute Tribe.
(F) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, for San Juan Southern Paiute 
Land, resulting from the diversion or Use of water 
outside of San Juan Southern Paiute Land in a manner 
not in violation of the Settlement Agreement or State 
law.
(G) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.11 to 
the Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.11 
to the Settlement Agreement, the San Juan Southern Paiute 
Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
and the Members of the San Juan Southern Paiute Tribe, and the 
United States, acting as trustee for the San Juan Southern 
Paiute Tribe and the Members of the San Juan Southern Paiute 
Tribe, shall retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the San Juan Southern 
Paiute Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State court 
of competent jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the San Juan Southern 
Paiute Tribe under the LCR Decree;
(C) to assert claims for Water Rights for land 
owned or acquired by the San Juan Southern Paiute Tribe 
in fee or held in trust by the United States for the 
San Juan Southern Paiute Tribe in the LCR Watershed 
pursuant to subparagraphs 6.4 and 6.5 of the Settlement 
Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, and the Zuni Tribe; 
or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the Navajo Nation, and the Zuni Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, and the Zuni Tribe; 
or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the Navajo Nation, and the Zuni Tribe.
(j) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, Against the United 
States.--
(1) In general.--Except as provided in paragraph (3), the 
San Juan Southern Paiute Tribe, acting on behalf of the San 
Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe, as part of the performance of the 
obligations of the San Juan Southern Paiute Tribe under the 
Settlement Agreement and this Act, is authorized to execute a 
waiver and release of all claims against the United States, 
including agencies, officials, and employees of the United 
States, under Federal, State, or other law for all of the 
following:
(A) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
San Juan Southern Paiute Land, arising from time 
immemorial and, thereafter, forever.
(B) Past, present, and future claims for Water 
Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land 
within the State by the San Juan Southern Paiute Tribe, 
the predecessors of the San Juan Southern Paiute Tribe, 
the Members of the San Juan Southern Paiute Tribe, or 
predecessors of the Members of the San Juan Southern 
Paiute Tribe.
(C) Claims for Water Rights within the State that 
the United States, acting as trustee for the San Juan 
Southern Paiute Tribe, asserted or could have asserted 
in any proceeding, except to the extent that such 
rights are recognized as part of the San Juan Southern 
Paiute Tribe's Water Rights under this Act.
(D) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, for San Juan Southern Paiute Land, arising from 
time immemorial through the Enforceability Date.
(E) Past, present, and future claims for Injury to 
Water for San Juan Southern Paiute Land, arising from 
time immemorial and, thereafter, forever.
(F) Past, present, and future claims for Injury to 
Water Rights, including injury to rights to Colorado 
River Water, arising from time immemorial and, 
thereafter, forever, that are based on the aboriginal 
occupancy of land within the State by the San Juan 
Southern Paiute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San Juan 
Southern Paiute Tribe, or predecessors of the Members 
of the San Juan Southern Paiute Tribe.
(G) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date for San Juan Southern Paiute 
Land, resulting from the diversion or Use of water 
outside of San Juan Southern Paiute Land in a manner 
not in violation of this Agreement or State law.
(H) Past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of this Agreement, any judgment 
or decree approving or incorporating this Agreement, or 
this Act.
(I) Past, present, and future claims arising out 
of, or relating in any manner to, United States 
Geological Survey monitoring and reporting activities 
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from 
time immemorial and, thereafter, forever, relating in 
any manner to Injury to Water or Injury to Water Rights 
based on the provisions of paragraphs 8.0 and 9.0 of 
the Settlement Agreement.
(K) Past and present claims for foregone benefits 
from non-San Juan Southern Paiute Tribe Use of water, 
on and off San Juan Southern Paiute Land (including 
water from all sources and for all Uses), within the 
State arising before the Enforceability Date.
(L) Past and present claims for damage, loss, or 
injury to land, or natural resources due to loss of 
water or Water Rights, including damages, losses, or 
injuries to hunting, fishing, gathering, or cultural 
rights due to loss of water or Water Rights, claims 
relating to interference with, diversion of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising before 
the Enforceability Date.
(M) Past and present claims arising before the 
Enforceability Date from a failure to provide for 
operation, maintenance, or deferred maintenance for any 
irrigation system or irrigation project on San Juan 
Southern Paiute Land.
(N) Past and present claims arising before the 
Enforceability Date from a failure to establish or 
provide a municipal, rural, or industrial water 
delivery system on San Juan Southern Paiute Land.
(O) Past and present claims for damage, loss, or 
injury to land or natural resources due to 
construction, operation, and management of irrigation 
projects on San Juan Southern Paiute Land, including 
damages, losses, or injuries to fish habitat, wildlife, 
and wildlife habitat, within the State arising before 
the Enforceability Date.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall be--
(A) in the form described in Exhibit 13.12 to the 
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.12 
to the Settlement Agreement, the San Juan Southern Paiute 
Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
and the Members of the San Juan Southern Paiute Tribe shall 
retain any right--
(A) to assert claims for injuries to, and seek 
enforcement of, the rights of the San Juan Southern 
Paiute Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State court 
of competent jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, the rights of the San Juan Southern 
Paiute Tribe under the LCR Decree;
(C) to assert claims for Water Rights for land 
owned or acquired by the San Juan Southern Paiute Tribe 
in fees in the LCR Watershed pursuant to subparagraphs 
6.4 and 6.5 of the Settlement Agreement;
(D) to object to any claims for Water Rights by or 
for--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, and the Zuni Tribe; 
or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the Navajo Nation, and the Zuni Tribe; and
(E) to assert past, present, or future claims for 
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, and the Zuni Tribe; 
or
(ii) the United States acting on behalf of 
any Indian Tribe, other than the Hopi Tribe, 
the Navajo Nation, and the Zuni Tribe.
(k) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the San Juan Southern Paiute Tribe and the Members of the San 
Juan Southern Paiute Tribe.--
(1) In general.--Except as provided in paragraph (3), the 
United States, in all capacities (except as trustee for an 
Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
the San Juan Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the Settlement 
Agreement and this Act, is authorized to execute a waiver and 
release of all claims against the San Juan Southern Paiute 
Tribe, the Members of the San Juan Southern Paiute Tribe, or 
any agency, official, or employee of the San Juan Southern 
Paiute Tribe, under Federal, State, or any other law for all:
(A) Past and present claims for Injury to Water 
Rights, including injury to rights to Colorado River 
Water, resulting from the diversion or Use of water on 
San Juan Southern Paiute Land arising from time 
immemorial through the Enforceability Date.
(B) Claims for Injury to Water Rights, including 
injury to rights to Colorado River Water, arising after 
the Enforceability Date, resulting from the diversion 
or Use of water on San Juan Southern Paiute Land in a 
manner that is not in violation of the Settlement 
Agreement or State law.
(C) Past, present, and future claims arising out 
of, or related in any manner to, the negotiation, 
execution, or adoption of the Settlement Agreement, any 
judgment or decree approving or incorporating the 
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims 
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.13 to 
the Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.13 
to the Settlement Agreement, the United States shall retain any 
right to assert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Federal or State 
court of competent jurisdiction.

SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

(a) Navajo Nation and the Members of the Navajo Nation; Navajo 
Allottees and the United States, Acting as Trustee for the Navajo 
Allottees.--
(1) Navajo nation and the members of the navajo nation.--
(A) In general.--The benefits provided under the 
Settlement Agreement shall be in complete replacement 
of, complete substitution for, and full satisfaction of 
any claim of the Navajo Nation and the Members of the 
Navajo Nation against the Parties, including the United 
States, that is waived and released by the Navajo 
Nation acting on behalf of the Navajo Nation and the 
Members of the Navajo Nation under Exhibits 13.1 and 
13.3 to the Settlement Agreement.
(B) Satisfaction of water rights.--Any entitlement 
to water of the Navajo Nation and the Members of the 
Navajo Nation (but not Members in the capacity of the 
Members as Navajo Allottees) or the United States 
acting as trustee for the Navajo Nation and the Members 
of the Navajo Nation (but not Members in the capacity 
of the Members as Navajo Allottees), for Navajo Land 
shall be satisfied out of the water resources and other 
benefits granted, confirmed, quantified, or recognized 
by the Settlement Agreement and this Act, to or for the 
Navajo Nation, the Members of the Navajo Nation (but 
not Members in the capacity of the Members as Navajo 
Allottees), and the United States, acting as trustee 
for the Navajo Nation and the Members of the Navajo 
Nation (but not Members in the capacity of the Members 
as Navajo Allottees).
(2) Navajo allottees and the united states, acting as 
trustee for the navajo allottees.--
(A) In general.--The benefits realized by the 
Navajo Allottees under the Settlement Agreement and 
this Act shall be in complete replacement of, complete 
substitution for, and full satisfaction of--
(i) all claims waived and released by the 
United States (acting as trustee for the Navajo 
Allottees) under Exhibit 13.2 to the Settlement 
Agreement; and
(ii) any claims of the Navajo Allottees 
against the United States similar to the claims 
described in Exhibit 13.2 to the Settlement 
Agreement that the Navajo Allottees asserted or 
could have asserted.
(B) Satisfaction of water rights.--Any entitlement 
to water of the Navajo Allottees or the United States 
acting as trustee for the Navajo Allottees, for Navajo 
Allotments shall be satisfied out of the water 
resources and other benefits granted, confirmed, or 
recognized by the Settlement Agreement and this Act, to 
or for the Navajo Allottees and the United States, 
acting as trustee for the Navajo Allottees.
(3) No right established.--Notwithstanding paragraphs (1) 
and (2), nothing in the Settlement Agreement or this Act 
recognizes or establishes any right of a Member of the Navajo 
Nation (but not Members in the capacity of the Members as 
Navajo Allottees) to water on Navajo Land.
(b) Hopi Tribe and the Members of the Hopi Tribe; Hopi Allottees 
and the United States, Acting as Trustee for the Hopi Allottees.--
(1) Hopi tribe and the members of the hopi tribe.--
(A) In general.--The benefits provided under the 
Settlement Agreement shall be in complete replacement 
of, complete substitution for, and full satisfaction of 
any claim of the Hopi Tribe and the Members of the Hopi 
Tribe against the Parties, including the United States, 
that is waived and released by the Hopi Tribe acting on 
behalf of the Hopi Tribe and the Members of the Hopi 
Tribe under Exhibits 13.6 and 13.8 to the Settlement 
Agreement.
(B) Satisfaction of water rights.--Any entitlement 
to water of the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Members 
as Hopi Allottees) or the United States acting as 
trustee for the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Members 
as Hopi Allottees), for Hopi Land shall be satisfied 
out of the water resources and other benefits granted, 
confirmed, quantified, or recognized by the Settlement 
Agreement and this Act, to or for the Hopi Tribe, the 
Members of the Hopi Tribe (but not Members in the 
capacity of the Members as Hopi Allottees), and the 
United States, acting as trustee for the Hopi Tribe and 
the Members of the Hopi Tribe (but not Members in the 
capacity of the Members as Hopi Allottees).
(2) Hopi allottees and the united states, acting as trustee 
for the hopi allottees.--
(A) In general.--The benefits realized by the Hopi 
Allottees under the Settlement Agreement shall be in 
complete replacement of, complete substitution for, and 
full satisfaction of--
(i) all claims waived and released by the 
United States (acting as trustee for the Hopi 
Allottees) under Exhibit 13.7 to the Settlement 
Agreement; and
(ii) any claims of the Hopi Allottees 
against the United States similar to the claims 
described in Exhibit 13.7 to the Settlement 
Agreement that the Hopi Allottees asserted or 
could have asserted.
(B) Satisfaction of water rights.--Any entitlement 
to water of the Hopi Allottees or the United States 
acting trustee for the Hopi Allottees, for Hopi 
Allotments shall be satisfied out of the water 
resources and other benefits granted, confirmed, or 
recognized by the Settlement Agreement and this Act, to 
or for the Hopi Allottees and the United States, acting 
as trustee for the Hopi Allottees.
(3) No right established.--Notwithstanding paragraphs (1) 
and (2), nothing in the Settlement Agreement or this Act 
recognizes or establishes any right of a Member of the Hopi 
Tribe (but not Members in the capacity of the Members as Hopi 
Allottees) to water on Hopi Land.
(c) San Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe.--
(1) In general.--The benefits provided under the Settlement 
Agreement shall be in complete replacement of, complete 
substitution for, and full satisfaction of any claim of the San 
Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe against the Parties, including the United 
States, that is waived and released by the San Juan Southern 
Paiute Tribe acting on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern Paiute Tribe 
under Exhibits 13.11 and 13.12 to the Settlement Agreement.
(2) Satisfaction of water rights.--Any entitlement to water 
of the San Juan Southern Paiute Tribe and the Members of the 
San Juan Southern Paiute Tribe or the United States, acting as 
trustee for the San Juan Southern Paiute Tribe and the Members 
of the San Juan Southern Paiute Tribe, for San Juan Southern 
Paiute Land shall be satisfied out of the water resources and 
other benefits granted, confirmed, quantified, or recognized by 
the Settlement Agreement and this Act, to or for the San Juan 
Southern Paiute Tribe and the Members of the San Juan Southern 
Paiute Tribe and the United States, acting as trustee for the 
San Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe.
(3) No right established.--Notwithstanding paragraphs (1) 
and (2), nothing in the Settlement Agreement or this Act 
recognizes or establishes any right of a Member of the San Juan 
Southern Paiute Tribe to water on the San Juan Southern Paiute 
Southern Area.

SEC. 16. ENFORCEABILITY DATE.

(a) In General.--The Settlement Agreement, including the waivers 
and releases of claims described in paragraph 13 of the Settlement 
Agreement and section 14, shall take effect and be fully enforceable on 
the date on which the Secretary publishes in the Federal Register a 
statement of findings in accordance with the following:
(1) The Settlement Agreement has been revised, through an 
amendment and restatement--
(A) to eliminate any conflict between the 
Settlement Agreement and this Act; and
(B) to include the executed Water Delivery 
Contracts required by section 6(e) and subparagraphs 
10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits 
to the Settlement Agreement.
(2) The Settlement Agreement, as revised through an 
amendment and restatement pursuant to paragraph (1), has been 
signed by the United States, acting through the Secretary, and 
not fewer than 30 of the Parties who executed the Settlement 
Agreement, making the Settlement Agreement effective, 
including--
(A) the Navajo Nation;
(B) the Hopi Tribe;
(C) the San Juan Southern Paiute Tribe;
(D) the State;
(E) the Arizona State Land Department;
(F) the Central Arizona Water Conservation 
District;
(G) the Salt River Project Agricultural Improvement 
and Power District; and
(H) the Salt River Valley Water Users' Association.
(3) Any Exhibit to the Settlement Agreement requiring 
execution by any Party has been executed by the required Party.
(4) The waivers and releases of claims described in 
paragraph 13 of the Settlement Agreement and section 14 have 
been executed by the United States, Navajo Nation, Hopi Tribe, 
San Juan Southern Paiute Tribe, the State, and the other 
Parties.
(5) $5,136,400,000 has been authorized, appropriated, and 
deposited in the designated accounts pursuant to section 13.
(6) The LCR Decree has been approved by the LCR 
Adjudication Court substantially in the form of the judgment 
and decree attached as Exhibit 3.1.82 to the Settlement 
Agreement, as amended to ensure consistency with this Act.
(7) The Gila River Adjudication Decree has been approved by 
the Gila River Adjudication Court substantially in the form of 
the judgment and decree attached as Exhibit 3.1.47 to the 
Settlement Agreement, as amended to ensure consistency with 
this Act.
(8) The San Juan Southern Paiute Tribe and the Navajo 
Tribal Utility Authority have executed a water services 
agreement to deliver municipal water to the San Juan Southern 
Paiute Tribe and its members.
(9) Each of the Navajo Nation, the Hopi Tribe, and the San 
Juan Southern Paiute Tribe have executed the tribal resolution 
described in subsections (a)(2), (b)(2), and (c)(2) of section 
18, respectively, consenting to the limited waiver of sovereign 
immunity from suit in the circumstances described in that 
section.
(b) Failure To Satisfy Conditions.--
(1) In general.--Except as provided in paragraph (2), if 
the Secretary fails to publish in the Federal Register a 
statement of findings under subsection (a) by June 30, 2035, or 
such alternative later date as may be agreed to by the Navajo 
Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the 
Secretary, and the State--
(A) this Act is repealed;
(B) any action taken by the Secretary and any 
contract or agreement entered into pursuant to this Act 
shall be void;
(C) the United States shall be entitled to offset 
any Federal amounts made available under section 
13(a)(2)(B) that were used under that section against 
any claims asserted by the Tribes against the United 
States; and
(D) any amounts appropriated under section 13, 
together with any investment earnings on those amounts, 
less any amounts expended under section 9, shall revert 
immediately to the general fund of the Treasury.
(2) Continued existence of the san juan southern paiute 
reservation.--
(A) In general.--Section 19 becomes effective on 
the date of enactment of this Act.
(B) Continued effectiveness.--Notwithstanding 
paragraph (1), if the Secretary fails to publish in the 
Federal Register a statement of findings under that 
paragraph by June 30, 2035, or such alternative later 
date as may be agreed to by the Tribes, the Secretary 
and the State, section 19 shall remain in effect.

SEC. 17. COLORADO RIVER ACCOUNTING.

(a) Accounting for the Type of Water Delivered.--
(1) Navajo nation cibola water; navajo nation fourth 
priority water.--All deliveries of Navajo Nation Cibola Water 
and Navajo Nation Fourth Priority Water effected by the 
diversion of water from the Colorado River above Lee Ferry 
within the State shall be accounted for as deliveries of 
Arizona Lower Basin Colorado River Water and credited as water 
passing Lee Ferry for purposes of article III(d) of the 
Colorado River Compact.
(2) Hopi tribe cibola water.--All deliveries of Hopi Tribe 
Cibola Water effected by the diversion of water from the 
Colorado River above Lee Ferry within the State shall be 
accounted for as deliveries of Arizona Lower Basin Colorado 
River Water and credited as water passing Lee Ferry for 
purposes of article III(d) of the Colorado River Compact.
(3) Navajo nation upper basin colorado river water.--
Subject to subsections (g) and (h) of section 6, all deliveries 
of Navajo Nation Upper Basin Colorado River Water effected by 
diversion of water from the Upper Basin in the State, New 
Mexico, or Utah for Use on the Navajo Reservation shall be--
(A) used within the boundaries of the Navajo 
Reservation or outside of the Navajo Reservation if 
conveyed from facilities that are physically connected 
to facilities on the Navajo Reservation, as described 
in paragraph 4.18.6 of the Settlement Agreement; and
(B) accounted for as deliveries of Arizona Upper 
Basin Colorado River Water.
(4) Hopi tribe upper basin colorado river water.--All 
deliveries of Hopi Tribe Upper Basin Colorado River Water 
effected by diversion of water from the Upper Basin in the 
State for Use on the Hopi Reservation shall be--
(A) used within the boundaries of the Hopi 
Reservation or outside of the Hopi Reservation if 
conveyed from facilities that are physically connected 
to facilities on the Hopi Reservation, as described in 
paragraph 5.15.6 of the Settlement Agreement; and
(B) accounted for as deliveries of Arizona Upper 
Basin Colorado River Water.
(5) Arizona upper basin colorado river water.--All 
deliveries of Arizona Upper Basin Colorado River Water 
apportioned to and leased by the Navajo Nation or the Hopi 
Tribe, whether effected by a diversion of water from the Upper 
Basin or the Lower Basin, shall be accounted for as deliveries 
of Arizona Upper Basin Colorado River Water, subject to the 
conditions that if the point of diversion is from the Colorado 
River below Lee Ferry--
(A) the amount of water to be delivered at Lee 
Ferry under such a lease or exchange shall not exceed 
the amount of Navajo Nation Upper Basin Colorado River 
Water or Hopi Tribe Upper Basin Colorado River Water 
leased or exchanged;
(B) the associated amount of Upper Basin Colorado 
River Water delivery actually made from the Upper Basin 
at Lee Ferry to satisfy the lease or exchange shall not 
be credited as water passing Lee Ferry for purposes of 
article III(d) of the Colorado River Compact; and
(C) the water shall be accounted for as deliveries 
of Arizona Upper Basin Colorado River Water.
(6) Arizona lower basin colorado river water.--All 
deliveries of Arizona Lower Basin Colorado River Water 
apportioned to and leased by the Navajo Nation or the Hopi 
Tribe, whether effected by a diversion of water from the Upper 
Basin or the Lower Basin, shall be accounted for as deliveries 
of Arizona Lower Basin Colorado River Water to the Navajo 
Nation or the Hopi Tribe, subject to the condition that if the 
point of diversion is from the Colorado River above Lee Ferry 
within the State the amount of water diverted by a lessee or 
exchange partner shall be credited as water passing Lee Ferry 
for purposes of article III(d) of the Colorado River Compact.
(b) Special Accounting Rules for Lower Basin Colorado River Water 
as Lower Basin Use in Arizona, Regardless of Point of Diversion.--
Notwithstanding section 10603(c)(2)(A) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 123 Stat. 1384), all 
Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and 
Hopi Tribe Cibola Water delivered to and consumptively used by the 
Navajo Nation, the Hopi Tribe, or their lessees or exchange partners 
pursuant to the Settlement Agreement shall be--
(1) credited as water reaching Lee Ferry pursuant to 
article III(d) of the Colorado River Compact;
(2) charged against the consumptive use apportionment made 
to the Lower Basin by article III(a) of the Colorado River 
Compact; and
(3) accounted for as part of and charged against the 
2,800,000 acre-feet of Colorado River Water apportioned to the 
State in paragraph II(B)(1) of the Decree.
(c) Additional Conditions for Use of Colorado River Water.--
(1) In general.--No Navajo Nation Upper Basin Colorado 
River Water or Hopi Tribe Upper Basin Colorado River Water may 
be delivered in the Lower Basin in the State and no Navajo 
Nation Fourth Priority Water, Navajo Nation Cibola Water, or 
Hopi Tribe Cibola Water may be diverted in the Upper Basin 
until such time as the Secretary has developed and, as 
necessary and appropriate, modified, in consultation with the 
State and the Upper Colorado River Commission and the 
Governors' representatives of the Colorado River Basin States, 
all operational and decisional criteria, policies, contracts, 
guidelines, or other documents that control the operations of 
the Colorado River System reservoirs and diversion works, so as 
to adjust, provide for, account for, and offset the diversion 
of Arizona Colorado River Water, subject to the conditions 
that--
(A) all such actions shall be consistent with the 
provisions of section 10603(c) of the Northwestern New 
Mexico Rural Water Projects Act (Public Law 111-11; 123 
Stat. 1384) and this Act; and
(B) the development of or modifications to 
criteria, policies, contracts, guidelines, or other 
documents made pursuant to this subsection shall be 
applicable only for the duration of any such diversion 
or delivery pursuant to the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1367) or this Act.
(2) Required provisions.--The following are required 
provisions to be included in any criteria, policy, contract, 
guideline, or other document described in paragraph (1):
(A) Arizona upper basin colorado river water.--
Arizona Upper Basin Colorado River Water released at 
Glen Canyon Dam for water delivery from the Colorado 
River mainstream below Glen Canyon Dam--
(i) shall only be used within the State;
(ii) shall be subject to all actual 
conveyance, evaporation, and other losses 
between Glen Canyon Dam and the point of 
diversion;
(iii) shall be fully delivered prior to the 
end of the year in which it is ordered;
(iv) shall not be greater than the Arizona 
Upper Basin Colorado River Water minus all 
other consumptive uses of Arizona Upper Basin 
Colorado River Water using the average annual 
consumptive uses based on the previous 5 years;
(v) for the first 20 years after the 
Enforceability Date, shall not exceed 17,050 
AFY;
(vi) after the first 20 years after the 
Enforceability Date, shall not exceed 47,000 
AFY, minus any Navajo Nation Upper Basin 
Colorado River Water diverted from the San Juan 
River upstream from Lake Powell and all other 
consumptive uses of Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe Upper Basin 
Colorado River Water using the average annual 
consumptive uses based on the previous 5 years;
(vii) shall be released from Lake Powell in 
addition to the releases of water that would 
have otherwise occurred under any operating 
criteria or guidelines governing releases from 
Lake Powell; and
(viii) for purposes of meeting the 
requirements of article III(d) of the Colorado 
River Compact, shall not be counted as water 
flowing by Lee Ferry.
(B) Arizona lower basin colorado river water.--
Arizona Lower Basin Colorado River Water diverted in 
the Upper Basin in the State--
(i) shall only be used within the State;
(ii) shall be fully delivered prior to the 
end of the year for which it is ordered;
(iii) shall not be stored in Lake Powell or 
otherwise carried over from one water year to 
any subsequent water year;
(iv) shall be subject to reduction in any 
year in which a shortage is declared to the 
same extent as other Arizona Lower Basin 
Colorado River Water of the same priority; and
(v) shall reduce the amount of Arizona 
Lower Basin Colorado River Water that would 
otherwise be released from Lake Powell under 
any operating criteria or guidelines.

SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY.

(a) Limited Waiver by the Navajo Nation and the United States 
Acting as Trustee for the Navajo Nation and Navajo Allottees.--
(1) In general.--The Navajo Nation, and the United States 
acting as trustee for the Navajo Nation and Navajo Allottees, 
may be joined in any action brought in any circumstance 
described in paragraph (3), and any claim by the Navajo Nation 
and the United States to sovereign immunity from any such 
action is waived.
(2) Navajo nation consent.--By resolution No. CMY-26-24 and 
dated May 24, 2024, the Navajo Nation Council has affirmatively 
consented to the limited waiver of sovereign immunity from suit 
in any circumstance described in paragraph (3), notwithstanding 
any provision of the Navajo Nation Code or any other Navajo 
Nation law.
(3) Circumstances described.--A circumstance referred to in 
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Navajo Nation, or the United 
States acting as trustee for the Navajo Nation 
or Navajo Allottees, as a party in that action; 
and
(iii) does not include any request for 
award against the Navajo Nation, or the United 
States acting as trustee for the Navajo Nation 
or Navajo Allottees, for money damages, court 
costs, or attorney fees.
(B) Any landowner or water user in the LCR 
Watershed or the Gila River Watershed--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) paragraph 13 of the Settlement 
Agreement;
(II) the LCR Decree or the Gila 
River Adjudication Decree; or
(III) section 14;
(ii) names the Navajo Nation, or the United 
States acting as trustee for the Navajo Nation 
or Navajo Allottees, as a party in that action; 
and
(iii) does not include any request for 
award against the Navajo Nation, or the United 
States acting as trustee for the Navajo Nation 
or Navajo Allottees, for money damages, court 
costs or attorney fees.
(b) Limited Waiver by the Hopi Tribe and the United States Acting 
as Trustee for the Hopi Tribe and Hopi Allotees.--
(1) In general.--The Hopi Tribe, and the United States 
acting as trustee for the Hopi Tribe and Hopi Allottees, may be 
joined in any action brought in any circumstance described in 
paragraph (3), and any claim by the Hopi Tribe and the United 
States to sovereign immunity from any such action is waived.
(2) Hopi tribe consent.--By resolution No. H-035-2024 and 
dated May 20, 2024, the Hopi Tribal Council has affirmatively 
consented to the limited waiver of sovereign immunity from suit 
in any circumstance described in paragraph (3), notwithstanding 
any provision of the Hopi Tribal Code or any other Hopi Tribe 
law.
(3) Circumstances described.--A circumstance referred to in 
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Hopi Tribe or the United 
States, acting as trustee for the Hopi Tribe or 
Hopi Allottees, as a party in that action; and
(iii) does not include any request for 
award against the Hopi Tribe, or the United 
States acting as trustee for the Hopi Tribe or 
Hopi Allottees, for money damages, court costs, 
or attorney fees.
(B) Any landowner or water user in the LCR 
Watershed--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) paragraph 13 of the Settlement 
Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the Hopi Tribe, or the United 
States acting as trustee for the Hopi Tribe or 
Hopi Allottees, as a party in that action; and
(iii) does not include any request for 
award against the Hopi Tribe, or the United 
States acting as trustee for the Hopi Tribe or 
Hopi Allottees, for money damages, court costs, 
or attorney fees.
(c) Limited Waiver by the San Juan Southern Paiute Tribe and the 
United States Acting as Trustee for the San Juan Southern Paiute 
Tribe.--
(1) In general.--The San Juan Southern Paiute Tribe and the 
United States acting as trustee for the San Juan Southern 
Paiute Tribe may be joined in any action brought in any 
circumstance described in paragraph (3), and any claim by the 
San Juan Southern Paiute Tribe and the United States to 
sovereign immunity from any such action is waived.
(2) San juan southern paiute tribe consent.--By resolution 
No. 2024-040, dated May 23, 2024, the San Juan Southern Paiute 
Tribal Council has affirmatively consented to the limited 
waiver of sovereign immunity from suit in any circumstance 
described in paragraph (3), notwithstanding any provision of 
the San Juan Southern Paiute Tribal Code or any other San Juan 
Southern Paiute Tribal law.
(3) Circumstances described.--A circumstance referred to in 
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the San Juan Southern Paiute 
Tribe or the United States acting as trustee 
for the San Juan Southern Paiute Tribe as a 
party in that action; and
(iii) does not include any request for 
award against the San Juan Southern Paiute 
Tribe, or the United States acting as trustee 
for the San Juan Southern Paiute Tribe, for 
money damages, court costs, or attorney fees.
(B) Any landowner or water user in the LCR 
Watershed--
(i) brings an action in any court of 
competent jurisdiction relating only and 
directly to the interpretation or enforcement 
of--
(I) paragraph 13 of the Settlement 
Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the San Juan Southern Paiute 
Tribe or the United States acting as trustee 
for the San Juan Southern Paiute Tribe as a 
party in that action; and
(iii) does not include any request for 
award against the San Juan Southern Paiute 
Tribe, or the United States acting as trustee 
for the San Juan Southern Paiute Tribe, for 
money damages, court costs, or attorney fees.

SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF THE SAN JUAN 
SOUTHERN PAIUTE RESERVATION.

(a) Ratification and Approval of the Treaty.--The Treaty and the 
Treaty Addendum are hereby approved, ratified, and confirmed.
(b) Approval of the Secretary.--
(1) In general.--The Secretary is authorized and directed--
(A) to approve and execute the Treaty and the 
Treaty Addendum, except that the specific findings 
stated under the heading ``APPROVAL'' shall not be 
binding on the Secretary; and
(B) to take all steps necessary to implement the 
Treaty and this Act.
(2) Approval and execution of amendments.--The Secretary is 
delegated the authority, without a further Act of Congress, to 
approve and execute amendments to the Treaty agreed to by the 
Navajo Nation and the San Juan Southern Paiute Tribe.
(c) Lands Proclaimed a Reservation for the San Juan Southern Paiute 
Tribe.--
(1) In general.--All right, title, and interest, including 
Water Rights, to the approximately 5,400 acres of land within 
the Navajo Indian Reservation that are described in the Treaty 
as the San Juan Southern Paiute Northern Area and the San Juan 
Southern Paiute Southern Area are hereby proclaimed as the San 
Juan Southern Paiute Reservation and such land shall be held by 
the United States in trust as a reservation for the exclusive 
benefit of the San Juan Southern Paiute Tribe, subject to the 
rights of access under subsection (d).
(2) No appraisal or valuation.--Notwithstanding any other 
provision law, no appraisal or other valuation shall be 
required to carry out this subsection.
(3) Disclaimer of reserved water rights.--Nothing in this 
Act constitutes an express or implied reservation of water or 
water rights for the San Juan Southern Paiute Northern Area in 
the State of Utah.
(d) Rights of Access and Easements.--The Navajo Reservation and the 
San Juan Southern Paiute Reservation shall be subject to the rights of 
access and easements as identified in the Treaty.
(e) Surveying and Fencing of Land.--
(1) Requirement.--The Secretary shall--
(A) as soon as practicable after the date of 
enactment of this Act, complete a survey and legal 
description of the boundary lines to establish the 
boundaries of the San Juan Southern Paiute Reservation;
(B) officially file the survey plat in the 
appropriate office of the Department of the Interior;
(C) mark and fence the lands as described in 
article V of the Treaty, where feasible; and
(D) study the feasibility of an access road to the 
San Juan Southern Paiute Southern Area from U.S. Route 
89, as described in article XI of the Treaty.
(2) Legal description.--
(A) In general.--The legal descriptions published 
in accordance with subparagraph (B) shall--
(i) be considered the official legal 
description of the San Juan Southern Paiute 
Reservation; and
(ii) have the same force and effect as if 
included in this Act.
(B) Publication.--On completion of the surveys 
under paragraph (1)(A), the Secretary shall publish in 
the Federal Register a legal description of the land 
comprising the San Juan Southern Paiute Reservation.
(C) Corrections.--The Secretary may make minor 
corrections to correct technical and clerical errors in 
the legal descriptions.
(f) Repeal of Paiute Allotment Procedures.--Section 9 of Public Law 
93-531 (88 Stat. 1716) is repealed.
(g) Publication; Jurisdiction.--
(1) Publication.--In accordance with article VI of the 
Treaty, the Secretary shall publish in the Federal Register 
separate notices of completion or boundary marking of--
(A) the San Juan Paiute Northern Area; and
(B) the San Juan Paiute Southern Area.
(2) Jurisdiction.--On publication in the Federal Register 
under subparagraph (A) or (B) of paragraph (1)--
(A) the San Juan Southern Paiute Tribe shall have 
full jurisdiction over all matters within that area of 
the San Juan Southern Paiute Reservation to the fullest 
extent permitted by Federal law; and
(B) the Navajo Nation shall not have jurisdiction 
over matters occurring within that area of the San Juan 
Southern Paiute Reservation except as agreed to by the 
Navajo Nation and the San Juan Southern Paiute Tribe.

SEC. 20. AUTHORIZATION FOR USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT 
FACILITIES.

(a) Navajo Nation Upper Basin Colorado River Water for Use in the 
State.--
(1) In general.--In addition to the 6,411 AFY of Project 
water described in section 6(g)(1)(B), the Secretary is 
authorized to treat, store, and convey up to 12,000 AFY of 
Navajo Nation Upper Basin Colorado River Water as non-Project 
water, subject to section 10602(h)(1) of the Northwestern New 
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1382) and section 6(g) for Use in the areas of the State 
described in section 6(g)(1)(D), utilizing Navajo-Gallup Water 
Supply Project facilities described in section 10602(b) of the 
Northwestern New Mexico Rural Water Projects Act (Public Law 
111-11; 123 Stat. 1379) (referred to in this section as the 
``Project facilities'').
(2) Limitation.--Nothing in this section authorizes the 
Secretary to extend the Navajo-Gallup Water Supply Project 
within the State, except as authorized by the Northwestern New 
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1367), subject to the condition that non-Project facilities may 
be constructed, in whole or in part, by the Navajo Nation using 
amounts in the Navajo Nation Water Projects Trust Fund Account.
(b) Increase in Capacity Authorized.--
(1) In general.--The authorized capacity of the Navajo 
Gallup Water Supply Project described in section 10603(b) of 
the Northwestern New Mexico Rural Water Projects Act (Public 
Law 111-11; 123 Stat. 1383) may be increased by up to 12,000 
AFY to allow for Use of Navajo Nation Upper Basin Colorado 
River Water in accordance with subsection (a)(1).
(2) Cost of increased capacity.--Any costs associated with 
constructing and operating the increased capacity authorized by 
paragraph (1) shall be solely borne by the Navajo Nation.
(c) Conveyance of Navajo Nation Upper Basin Colorado River Water to 
the State.--Treatment, storage, and conveyance of the water described 
in subsection (a)(1) shall be subject to the following requirements and 
limitations:
(1) Impacts to navajo-gallup water supply project.--
(A) Deadline.--Any extension to the deadline for 
completion of the Navajo-Gallup Water Supply Project, 
as described in section 10701(e)(1)(A)(ix) of the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111-11; 123 Stat. 1400), required due to 
efforts associated with delivering Navajo Nation Upper 
Basin Colorado River Water to the State in accordance 
with subsection (a)(1) shall require agreement of the 
Nation, State of New Mexico, and the Secretary as 
described in section 10701(e)(1)(B) of that Act (Public 
Law 111-11; 123 Stat. 1400).
(B) Protections for project participants.--The Use 
of Project facilities for non-Project water as provided 
under this section shall comply with the requirements 
of section 10602(h)(1) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1382) and this section.
(2) Approval of final design to increase capacity.--As long 
as the Bureau retains title to the Project facilities that will 
supply water to areas in the State under this Act, the Navajo 
Nation shall--
(A) obtain approval in writing from the 
Commissioner of Reclamation for the final design of the 
connection and related facilities needed to connect the 
extension from the San Juan Lateral, including 
sublaterals and turnouts; and
(B) coordinate construction of the connection and 
related facilities with the Commissioner of 
Reclamation.
(3) Funding.--The funding described in the Northwestern New 
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
1367) for the Navajo-Gallup Water Supply Project shall not be 
used to design, plan, construct, operate, maintain, or repair 
any Project infrastructure in the State of New Mexico or the 
State to treat, store, and convey the 12,000 AFY of Navajo 
Nation Upper Basin Colorado River Water to the State in 
accordance with subsection (a)(1).

SEC. 21. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT.

(a) No Quantification or Effect on Rights of Other Indian Tribes or 
the United States on Their Behalf.--Except as provided in paragraph 8.3 
of the Settlement Agreement, nothing in this Act--
(1) quantifies or otherwise affects the Water Rights, or 
claims or entitlements to water of any Indian Tribe, band, or 
community, other than the Navajo Nation, the Hopi Tribe, or the 
San Juan Southern Paiute Tribe; or
(2) affects the ability of the United States to take action 
on behalf of any Indian Tribe, nation, band, community, or 
allottee, other than the Navajo Nation, the Hopi Tribe and the 
San Juan Southern Paiute Tribe, their Members, Navajo 
Allottees, Hopi Allottees, and Public Domain Allottees.
(b) No Quantification of Water Rights of Public Domain Allottees.--
Nothing in this Act--
(1) quantifies or adjudicates any Water Right or any claim 
or entitlement to water of a Public Domain Allottee, or 
precludes the United States, acting as trustee for Public 
Domain Allottees, from making claims for Water Rights in the 
State that are consistent with the claims described in Exhibit 
3.1.132B to the Settlement Agreement; or
(2) except as provided in subparagraphs 8.2.3, 8.4.7, and 
15.2.3.4 of the Settlement Agreement, affects the ability of 
the United States to take action on behalf of Public Domain 
Allottees.
(c) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act, including all agreements or 
exhibits ratified or confirmed by this Act, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
(d) No Modification or Preemption of Other Laws.--Unless expressly 
provided in this Act, nothing in this Act modifies, conflicts with, 
preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat. 
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the 
``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
seq.);
(4) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
seq.);
(5) the Treaty between the United States of America and 
Mexico, done at Washington, February 3, 1944 (59 Stat. 1219);
(6) the Colorado River Compact;
(7) the Upper Colorado River Basin Compact of 1948;
(8) the Omnibus Public Land Management Act of 2009 (Public 
Law 111-11; 123 Stat. 991);
(9) case law relating to Water Rights in the Colorado River 
System other than any case to enforce the Settlement Agreement 
or this Act; or
(10) the Navajo-Hopi Land Dispute Settlement Act of 1996 
(Public Law 104-301; 110 Stat. 3649).
(e) No Precedent.--
(1) Colorado river system water.--Nothing in this Act 
establishes a precedent for any type of transfer of Colorado 
River System water between the Upper Basin and the Lower Basin, 
including the leasing of Upper Basin water in the Lower Basin.
(2) Federal reserved water rights or indian water claims.--
Nothing in the Settlement Agreement or this Act (including 
paragraph 13 of the Settlement Agreement and section 14) 
establishes any standard or precedent for the quantification, 
litigation, or settlement of Federal reserved water rights or 
any Indian water claims of any Indian Tribes other than the 
Tribes in any judicial or administrative proceeding.
(f) Unique Situation.--
(1) In general.--Diversions through the iina ba - paa 
tuwaqat'si pipeline and the Navajo-Gallup Water Supply Project 
facilities consistent with this Act address critical Tribal and 
non-Indian water supply needs under unique circumstances, which 
include, among other things--
(A) the intent to benefit a number of Indian 
Tribes;
(B) the Navajo Nation's location in the Upper Basin 
and the Lower Basin;
(C) the intent to address critical Indian and non-
Indian water needs in the State;
(D) the lack of other reasonable alternatives 
available for developing a firm, sustainable supply of 
municipal water for the Navajo Nation, the Hopi Tribe, 
and the San Juan Southern Paiute Tribe in the State;
(E) the unique geological and hydrological features 
of the relevant watersheds, including aquifers; and
(F) the limited volume of water to be diverted by 
the iina ba - paa tuwaqat'si pipeline and Navajo-Gallup 
Water Supply Project to supply municipal Uses in the 
State.
(2) Arizona upper basin colorado river water.--The Use of 
Arizona Upper Basin Colorado River Water in the Lower Basin in 
the State is consistent with this Act and is authorized under 
unique circumstances, which include, among other things--
(A) that the Uses are included in a congressionally 
approved Indian water rights settlement;
(B) that the Navajo Nation is located in both the 
Upper Basin and the Lower Basin;
(C) the unavailability and unreliability of Central 
Arizona Project Non-Indian Agricultural water available 
for the Tribes to lease due to shortages in the Lower 
Basin of the Colorado River; and
(D) the intent of Congress to supplement the 
Federal funds available to the Tribes with the revenue 
generated by leasing as authorized under section 7.
(g) Efficient Use.--The diversions and Uses authorized for the iina 
ba - paa tuwaqat'si pipeline under this Act represent unique and 
efficient Uses of Colorado River apportionments in a manner that 
Congress has determined would be consistent with the obligations of the 
United States to the Navajo Nation and the Hopi Tribe.
(h) Preservation of Existing Rights.--
(1) In general.--Rights to the consumptive use of water 
apportioned to the Upper Division States and the State from the 
Colorado River System under the Colorado River Compact and the 
Upper Colorado River Basin Compact of 1948, and rights to the 
consumptive use of water available for use in the Lower Basin 
under the Colorado River Compact and the Decree, shall not be 
changed or prejudiced by any use of water pursuant to this Act.
(2) Savings provision.--Nothing in this Act--
(A) adversely affects full development and 
utilization by the State or any State of the Upper 
Division of the Colorado River Basin of its respective 
apportionment under the Colorado River Compact or the 
Upper Colorado River Basin Compact of 1948;
(B) impairs, conflicts with, or otherwise changes 
the duties and powers of the Upper Colorado River 
Commission; or
(C) waives, impairs, or otherwise modifies the 
rights of California and Nevada under the Colorado 
River Compact, the Boulder Canyon Project Act, or the 
Decree.
(i) Consensus.--Congress notes the consensus of the Governors' 
Representatives of the Colorado River Basin States relating to the 
diversions, accounting, and leasing authorized under this Act.
(j) No Effect on Enforcement of Environmental Laws.--Nothing in 
this Act precludes the United States acting as sovereign, the Navajo 
Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe from 
enforcing the requirements of--
(1) Federal environmental laws, including--
(A) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) (including claims for damages to natural 
resources);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.);
(C) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.) (commonly known as the ``Resource Conservation 
and Recovery Act of 1976''); and
(E) the implementing regulations of those Acts; or
(2) the environmental laws of the Tribes, and the 
regulations implementing those laws, on the Navajo Reservation, 
the Hopi Reservation, the San Juan Southern Paiute Reservation, 
Navajo Allotments, Hopi Allotments, and Off-Reservation lands 
held in trust by the United States for the Navajo Nation, the 
Hopi Tribe, and the San Juan Southern Paiute Tribe.
<all>