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Bills/119th Congress · House

H.R. 6931

Introduced

Yavapai-Apache Nation Water Rights Settlement Act of 2025

Sponsor
RElijah Crane· Arizona
Introduced
December 26, 2025
Policy area
Native Americans
Latest action
Referred to the House Committee on Natural Resources.December 26, 2025
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6931 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6931

To approve the settlement of water rights claims of the Yavapai-Apache 
Nation in the State of Arizona, to authorize construction of a water 
project relating to those water rights claims, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 26, 2025

Mr. Crane introduced the following bill; which was referred to the 
Committee on Natural Resources

_______________________________________________________________________

A BILL

To approve the settlement of water rights claims of the Yavapai-Apache 
Nation in the State of Arizona, to authorize construction of a water 
project relating to those water rights claims, 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 ``Yavapai-Apache 
Nation 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 Yavapai-Apache Nation Water 
Rights Settlement Agreement.
Sec. 5. Water rights.
Sec. 6. Tu nl[[nichoh Water Infrastructure Project.
Sec. 7. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 8. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 9. Gaging station.
Sec. 10. Funding.
Sec. 11. Waivers, releases, and retentions of claims.
Sec. 12. Satisfaction of water rights and other benefits; effect on 
members of the Yavapai-Apache Nation and 
Dinah Hood Allotment.
Sec. 13. Trust land.
Sec. 14. Yavapai-Apache Nation CAP Water.
Sec. 15. Enforceability Date.
Sec. 16. Administration.
Sec. 17. Miscellaneous.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to 
water, including damages claims related to water, in the State, 
including in the Verde River Watershed and the Colorado River, 
of--
(A) the Yavapai-Apache Nation, on behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the 
Members as Allottees); and
(B) the United States, acting as trustee for the 
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the 
Members as Allottees);
(2) to authorize, ratify, and confirm the Yavapai-Apache 
Nation Water Rights Settlement Agreement, to the extent that 
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 
Agreement and this Act;
(4) to authorize the appropriation of funds necessary to 
carry out the Agreement and this Act; and
(5) to recognize the important cultural, traditional and 
religious value of the Verde River to the Yavepe (Yavapai) who 
know the Verde River as Hatayakehela (``Big River'') and to the 
Dilzh*'e (Apache) who know the Verde River as Tu nl[[nichoh 
(``Big Water flowing'') and to protect the existing flows of 
the Verde River, including flood flows, as described in the 
Agreement and this Act, on the Yavapai-Apache Reservation, now 
and in the future.

SEC. 3. DEFINITIONS.

In this Act:
(1) AFY.--The term ``AFY'' means acre-feet per Year.
(2) Agreement.--The term ``Agreement'' means--
(A) the Yavapai-Apache Nation Water Rights 
Settlement Agreement, dated June 26, 2024; and
(B) any amendment or exhibit (including exhibit 
amendments) to the Agreement that are--
(i) made in accordance with the Act; or
(ii) otherwise approved by the Secretary 
and the Parties to the Agreement.
(3) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding an undivided 
fractional beneficial interest in the Dinah Hood 
Allotment; or
(B) an Indian Tribe holding an undivided fractional 
beneficial interest in the Dinah Hood Allotment.
(4) Available cap supply.--The term ``Available CAP 
Supply'', for any Year, means--
(A) all Fourth Priority River Water available for 
delivery through the CAP;
(B) water available from CAP dams and reservoirs 
other than the Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for CAP 
use.
(5) CAP; central arizona project.--The term ``CAP'' or 
``Central Arizona Project'' means the reclamation project 
authorized and constructed by the United States in accordance 
with title III of the Colorado River Basin Project Act (43 
U.S.C. 1521 et seq.).
(6) CAP contract.--The term ``CAP Contract'' means a long-
term contract (as defined in the CAP Repayment Stipulation) 
with the United States for delivery of CAP Water through the 
CAP System.
(7) CAP fixed om&r charge.--The term ``CAP Fixed OM&R 
Charge'' has the meaning given the term ``Fixed OM&R Charge'' 
in the CAP Repayment Stipulation.
(8) CAP indian priority water.--The term ``CAP Indian 
Priority Water'' means water within the Available CAP Supply 
having an Indian delivery priority.
(9) CAP operating agency.--The term ``CAP Operating 
Agency'' means--
(A) the 1 or more entities authorized to assume 
responsibility for the care, operation, maintenance and 
replacement of the CAP System; and
(B) as of the date of enactment of this Act, the 
CAWCD.
(10) CAP pumping energy charge.--The term ``CAP Pumping 
Energy Charge'' has the meaning given the term ``Pumping Energy 
Charge'' in the CAP Repayment Stipulation.
(11) 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 Repayment of 
Costs of the CAP; and
(B) any amendment to, or revision of, that 
contract.
(12) CAP repayment stipulation.--The term ``CAP Repayment 
Stipulation'' means the Stipulated Judgment and the Stipulation 
for Judgment, including any exhibits to those documents, 
entered on November 21, 2007, in the United States District 
Court for the District of Arizona in the consolidated civil 
action Central Arizona Water Conservation District v. United 
States, et al., numbered CIV 95-625-TUC-WDB-EHC and CIV 95-
1720-PHX-EHC.
(13) CAP system.--The term ``CAP System'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a 
feature described in subparagraph (A), (B), (C), or 
(D); and
(F) any extension of, addition to, or replacement 
of a feature described in subparagraph (A), (B), (C), 
(D), or (E).
(14) CAP water.--The term ``CAP Water'' has the meaning 
given the term ``Project Water'' in the CAP Repayment 
Stipulation.
(15) CAWCD.--The term ``CAWCD'' means the political 
subdivision of the State that is--
(A) the contractor under the CAP Repayment 
Contract; and
(B) as of the date of enactment of the Act, the CAP 
Operating Agency.
(16) C.C. cragin dam and reservoir.--
(A) In general.--The term ``C.C. Cragin Dam and 
Reservoir'' means--
(i) the C.C. Cragin Dam and Reservoir 
located on East Clear Creek in Coconino County, 
Arizona, owned by the United States and 
operated by the Salt River Project Agricultural 
Improvement and Power District;
(ii) associated facilities located in Gila 
and Coconino Counties, Arizona, including 
pipelines, tunnels, buildings, hydroelectric 
generating facilities, and other structures of 
every kind, including transmission, telephone 
and fiber optic lines and pumps, machinery, 
tools, and appliances; and
(iii) all real or personal property, 
appurtenant to or used, or constructed or 
otherwise acquired to be used, in connection 
with the dam and reservoir and associated 
facilities described in clauses (i) and (ii).
(B) Exclusion.--The term ``C.C. Cragin Dam and 
Reservoir'' does not include the Cragin-Verde Pipeline 
Project.
(17) Colorado river water.--
(A) In general.--The term ``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, as ratified and reprinted in title 45, 
chapter 7, article 3 of the Arizona Revised 
Statutes;
(iii) the Colorado River Basin Project Act 
(43 U.S.C. 1501 et seq.);
(iv) the contract for delivery of water 
between the United States and the State, dated 
February 9, 1944; and
(v) the decree of the Supreme Court of the 
United States in Arizona v. California, 376 
U.S. 340 (1964), the Consolidated Decree 
entered on March 27, 2006, in that case (547 
U.S. 150), and any modifications thereof.
(B) Limitations.--The term ``Colorado River 
Water''--
(i) shall only be used for purposes of 
interpreting the Agreement and this Act; and
(ii) shall not be used for any 
interpretation of existing law, contract, or 
decree, including any law, contract, or decree 
described in clauses (i) through (v) of 
subparagraph (A).
(18) Commissioner.--The term ``Commissioner'' means the 
Commissioner of Reclamation.
(19) Cragin capital costs.--
(A) In general.--The term ``Cragin Capital Costs'' 
means all costs incurred by SRP for the acquisition and 
improvement of land, facilities, equipment, and 
inventories related to the C.C. Cragin Dam and 
Reservoir.
(B) Inclusions.--The term ``Cragin Capital Costs'' 
includes all costs for labor, overhead, materials, 
supplies, spare parts, equipment purchase and rental, 
and transportation.
(C) Clarification.--Prior to May 1, 2009, all 
expenses incurred by SRP are accrued as Cragin Capital 
Costs, excluding capital costs of the SRP-Cragin 
Pumping System.
(20) Cragin o&m costs.--
(A) In general.--The term ``Cragin O&M Costs'' 
means all costs incurred by SRP for the operation and 
maintenance of all C.C. Cragin Dam and Reservoir 
facilities.
(B) Inclusions.--The term ``Cragin O&M Costs'' 
includes--
(i) costs for insurance, inspections, 
permits, taxes, fees, licenses, contract 
services, legal services, accounting, travel, 
environmental compliance, repairs, testing, 
labor, salaries, overhead, materials, supplies, 
expenses, equipment, vehicles, energy, and 
fuel; and
(ii) any cost borne by SRP prior to the 
assumption of care, operation, and maintenance 
of the Cragin-Verde Pipeline Project by SRP 
from the United States pursuant to the contract 
between the United States and the Salt River 
Valley Water Users' Association dated September 
6, 1917, as amended.
(C) Exclusions.--The term ``Cragin O&M Costs'' does 
not include--
(i) Cragin Capital Costs; or
(ii) O&M Costs and administrative and 
general costs of the SRP-Cragin Pumping System 
(as defined in the YAN-SRP Water Delivery and 
Use Agreement).
(21) Cragin-verde pipeline project.--The term ``Cragin-
Verde Pipeline Project'' means the water infrastructure project 
under the Tu nl[[nichoh Water Infrastructure Project, as 
described in section 6(b), which will deliver water from the 
C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation, and 
to other beneficiaries in accordance with the amendments made 
by section 17(a).
(22) Date of substantial completion.--The term ``Date of 
Substantial Completion'' means the date described in section 
6(d).
(23) Depletion; deplete.--The terms ``Depletion'' and 
``Deplete'' mean the amount of Water Diverted less return flows 
to the Verde River Watershed.
(24) Dinah hood allotment.--The term ``Dinah Hood 
Allotment'' means the tract of land 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 is held in trust by the United States for 
the benefit of Allottees under patent number 926562, as 
described and depicted in Exhibit 2.37 to the Agreement.
(25) Diversion.--The term ``Diversion'' means an act to 
Divert.
(26) Divert; diverted.--The terms ``Divert'' and 
``Diverted'' mean to receive, withdraw, or develop and produce 
or capture Water--
(A) using a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, well, 
pump, turnout, dam, or any other mechanical device; or
(B) by any other human act.
(27) Domestic use.--
(A) In general.--The term ``Domestic Use'', for 
purposes of paragraph 13.0 of the Agreement and section 
11, means a Use of Water serving a residence, or 
multiple residences up to a maximum of 3 residential 
connections, for household purposes with associated 
irrigation of lawns, gardens, or landscape in an amount 
of not more than one-half acre per residence.
(B) Exclusion.--The term ``Domestic Use'' does not 
include the Use of Water delivered to a residence or 
multiple residences by a city, town, private water 
company, irrigation provider, or special taxing 
district established pursuant to title 48 of the 
Arizona Revised Statutes.
(28) Effective date.--The term ``Effective Date'' means the 
date that the Agreement is signed by all of the Parties, other 
than the United States.
(29) 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 in 
accordance with applicable law and the Agreement, 
regardless of whether the water has been treated to 
improve the quality of the water.
(30) Enforceability date.--The term ``Enforceability Date'' 
means the date described in section 15.
(31) Exchange.--The term ``Exchange'' means a trade between 
1 or more persons or entities of any water for any other water, 
if each person or entity has a right or claim to use the water 
the person or entity provides in the trade, regardless of 
whether the water is traded in equal quantities or other 
consideration is included in the trade.
(32) 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 subsequent to September 30, 
1968, for use on Federal, State, or privately owned 
lands in the State, in a total quantity not to exceed 
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.
(33) 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 Proceedings.
(34) Gila river adjudication proceedings.--The term ``Gila 
River Adjudication Proceedings'' 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).
(35) Groundwater.--The term ``Groundwater'' means all water 
beneath the surface of the Earth within the State that is not--
(A) Surface Water;
(B) Effluent; or
(C) Colorado River Water.
(36) Impoundment.--
(A) In general.--The term ``Impoundment'' means any 
human-made permanent body of water on the surface of 
the Earth, including Stockponds, lakes, Effluent ponds, 
open-air water storage tanks, irrigation ponds, and 
gravel pits.
(B) Exclusions.--The term ``Impoundment'' does not 
include recharge basins or swimming pools.
(37) Indian tribe.--The term ``Indian Tribe'' has the 
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(38) 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) Inclusion.--The term ``Injury to Water Rights'' 
includes a change in the Groundwater table and any 
effect of such a change.
(C) Exclusion.--The term ``Injury to Water Rights'' 
does not include any injury to water quality.
(39) M&I use.--The term ``M&I Use'' means the Use of Water 
for domestic, municipal, industrial, and commercial purposes.
(40) Maximum annual depletion amount.--The term ``Maximum 
Annual Depletion Amount'' means the maximum amount of Water 
Depleted per Year for each Water Right described in 
subparagraph 4.1 of the Agreement.
(41) Maximum annual diversion amount.--The term ``Maximum 
Annual Diversion Amount'' means the maximum amount of Water 
Diverted per Year for each Water Right described in 
subparagraph 4.1 of the Agreement.
(42) Member.--The term ``Member'' means any person duly 
enrolled as a member of the Yavapai-Apache Nation.
(43) Municipal water provider.--The term ``Municipal Water 
Provider'' means a city, town, private water company, specially 
designated homeowners association, or any special taxing 
district established pursuant to title 48 of the Arizona 
Revised Statutes that supplies water for M&I Use.
(44) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to 
the day-to-day operation of a project;
(B) any activity relating to scheduled or 
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of 
a project.
(45) Party.--
(A) In general.--The term ``Party'' means a person 
or entity that is a signatory to the Agreement.
(B) State as a party.--The participation of the 
State as a Party shall be as described in subparagraph 
17.5 of the Agreement.
(C) United states as a party.--The participation of 
the United States as a Party shall be in the capacity 
as described in subparagraph 2.80 of the Agreement.
(46) Public water system.--The term ``Public Water System'' 
means a water system that--
(A) provides water for human consumption through 
pipes or other constructed conveyances; and
(B) has at least 15 service connections or 
regularly serves an average of at least 25 persons 
daily for at least 60 days a year.
(47) Replacement well.--The term ``Replacement Well'' means 
a well that--
(A) is constructed to replace a well in existence 
on the Effective Date;
(B) is located no more than 660 feet from the well 
being replaced; and
(C) has a pumping capacity and case diameter that 
do not exceed the pumping capacity and case diameter of 
the well being replaced.
(48) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
(49) SRP.--The term ``SRP'' means--
(A) the Salt River Project Agricultural Improvement 
and Power District, a political subdivision of the 
State; and
(B) the Salt River Valley Water Users' Association, 
an Arizona Territorial Corporation.
(50) SRP water.--The term ``SRP Water'' means the Water 
made available in subparagraph 8.1 of the Agreement, not to 
exceed an average of 500 AFY, up to a maximum of 583.86 acre-
feet in any given Year, to be stored in C.C. Cragin Reservoir, 
without cost to SRP, and delivered for Use on the Reservation, 
YAN Trust Land, and YAN After-Acquired Trust Land for 
beneficial purposes.
(51) State.--The term ``State'' means the State of Arizona.
(52) Stockpond.--The term ``Stockpond'' means an on-channel 
or off-channel Impoundment of any size that--
(A) stores water that is appropriable under title 
45, Arizona Revised Statutes; and
(B) is for the sole purpose of watering livestock 
and wildlife.
(53) Stock watering use.--The term ``Stock Watering Use'' 
means the consumption of water by livestock and wildlife, 
either--
(A) directly from a naturally occurring body of 
water, such as an undeveloped spring, cienega, seep, 
bog, lake, depression, sink or stream; or
(B) from small facilities, other than a Stockpond, 
that are served by a Diversion of Water.
(54) Surface water.--The term ``Surface Water'' means all 
Water that is appropriable under State law.
(55) Total maximum annual depletion amount.--The term 
``Total Maximum Annual Depletion Amount'' means the total of 
all Maximum Annual Depletion Amounts, as described in 
subparagraph 4.1 of the Agreement.
(56) Total maximum annual diversion amount.--The term 
``Total Maximum Annual Diversion Amount'' means the total of 
all Maximum Annual Diversion Amounts, as described in 
subparagraph 4.1 of the Agreement.
(57) Tu nl]]nichoh water infrastructure project.--The term 
``Tu nl[[nichoh Water Infrastructure Project'' means the water 
infrastructure project described in section 6(a), including--
(A) the Cragin-Verde Pipeline Project, as described 
in section 6(b), which will deliver Water from the C.C. 
Cragin Dam and Reservoir to the Yavapai-Apache Nation 
and to other beneficiaries in the Verde Valley 
Watershed; and
(B) the YAN Drinking Water System Project, as 
described in section 6(c), which will treat and 
distribute the water delivered from the Cragin-Verde 
Pipeline Project.
(58) Use.--The term ``Use'' means any beneficial use, 
including instream flows, recharge, underground storage, 
recovery, or any other use recognized as beneficial under 
applicable law.
(59) USGS.--The term ``USGS'' means the United States 
Geological Survey.
(60) Verde river decree.--The term ``Verde River Decree'' 
means the decree to be entered by the Gila River Adjudication 
Court adjudicating all rights to water in the Verde River 
Watershed.
(61) Verde river subflow zone.--The term ``Verde River 
Subflow Zone'' means the area in the Verde River Watershed 
delineated by the Arizona Department of Water Resources as the 
subflow zone on a map or maps that are approved by the Gila 
River Adjudication Court.
(62) Verde river water.--The term ``Verde River Water'' 
means the Water described in paragraph 5.0 of the Agreement, 
whether Diverted from the stream or pumped from a well.
(63) Verde river watershed.--The term ``Verde River 
Watershed'' means all land located within the surface water 
drainage of the Verde River and its tributaries, depicted on 
the map attached as Exhibit 2.88 to the Agreement.
(64) Water.--The term ``Water'', when used without a 
modifying adjective, means--
(A) Groundwater;
(B) Surface Water;
(C) Colorado River Water;
(D) Effluent; or
(E) CAP Water.
(65) 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.
(66) YAN after-acquired trust land.--The term ``YAN After-
Acquired Trust Land'' means land that is taken into trust by 
the United States for the benefit of the Yavapai-Apache Nation 
pursuant to applicable Federal law after the Enforceability 
Date.
(67) YAN amended cap water delivery contract.--The term 
``YAN Amended CAP Water Delivery Contract'' means--
(A) the proposed contract between the Yavapai-
Apache Nation and the United States attached as Exhibit 
6.1 to the Agreement; and
(B) any amendments to that contract.
(68) YAN cap water.--The term ``YAN CAP Water'' means CAP 
Water--
(A) to which the Yavapai-Apache Nation is entitled 
pursuant to the Agreement and section 14; and
(B) as provided in the YAN Amended CAP Water 
Delivery Contract.
(69) YAN cragin water.--The term ``YAN Cragin Water'' means 
that amount of the water made available in subparagraph 8.2 of 
the Agreement, not to exceed an average of 2,910.26 AFY, up to 
a maximum of 3,394.06 acre-feet in any given Year, to be stored 
in C.C. Cragin Dam and Reservoir, without cost to SRP, and 
delivered for Use on the Yavapai-Apache Reservation, YAN Trust 
Land, and YAN After-Acquired Trust Land for beneficial 
purposes.
(70) YAN delivery point.--The term ``YAN Delivery Point'' 
means the point or points located at the end of the Cragin-
Verde Pipeline Project where Water may be delivered to the YAN 
or the United States acting as trustee for the YAN pursuant to 
the YAN-SRP Water Delivery and Use Agreement.
(71) YAN drinking water system project; yavapai-apache 
nation drinking water system project.--The terms ``YAN Drinking 
Water System Project'' and ``Yavapai-Apache Nation Drinking 
Water System Project'' mean the water treatment and water 
distribution system project of the Yavapai-Apache Nation under 
the Tu nl[[nichoh Water Infrastructure Project, as described in 
section 6(c), that will treat and distribute water delivered 
from the C.C. Cragin Dam and Reservoir.
(72) YAN fee land.--The term ``YAN Fee Land'' means land 
that, as of the Enforceability Date, is--
(A) located outside the exterior boundaries of the 
Yavapai-Apache Reservation;
(B) owned in fee by the Yavapai-Apache Nation and 
has not been taken into trust by the United States for 
the benefit of the Yavapai-Apache Nation; and
(C) described and shown in Exhibit 2.98 to the 
Agreement.
(73) YAN judgment.--The term ``YAN Judgment'' means the 
judgment and decree entered by the Gila River Adjudication 
Court, as described in the Agreement.
(74) YAN land.--The term ``YAN Land'' means, collectively, 
the YAN Reservation, YAN Trust Land, and YAN Fee Land.
(75) YAN point of compliance.--The term ``YAN Point of 
Compliance'' means the location of the Verde River proximate to 
USGS Gage Number 09504950 identified as the ``Verde River Above 
Camp Verde'' gage, located at GPS coordinates 34.6116972, 
-111.8984306 within the Reservation.
(76) YAN-SRP exchange agreement.--The term ``YAN-SRP 
Exchange Agreement'' means the agreement between the Nation and 
SRP, as approved by the United States, in the form 
substantially similar to that attached as Exhibit 6.5 to the 
Agreement.
(77) YAN-SRP water delivery and use agreement.--The term 
``YAN-SRP Water Delivery and Use Agreement'' means the 
agreement between the Nation and SRP, as approved by the United 
States, in the form substantially similar to that attached as 
Exhibit 10.1 to the Agreement.
(78) Yavapai-apache nation; yan; nation.--The terms 
``Yavapai-Apache Nation'', ``YAN'', and ``Nation'' mean the 
Yavapai-Apache Nation of the Camp Verde Indian Reservation, 
Arizona, a federally recognized Indian Tribe organized pursuant 
to 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).
(79) YAN trust land.--The term ``YAN Trust Land'' means 
land that, as of the Enforceability Date, is--
(A) located outside the boundaries of the YAN 
Reservation;
(B) held in trust by the United States for the 
benefit of the YAN; and
(C) depicted on the map attached as Exhibit 2.103 
to the Agreement.
(80) Yavapai-apache reservation; yan reservation; 
reservation.--The terms ``Yavapai-Apache Reservation'', ``YAN 
Reservation'' or ``Reservation'' mean the land described in 
section 13(a).
(81) Year.--The term ``Year''--
(A) when used in the context of deliveries of YAN 
Cragin Water and SRP Water pursuant to paragraph 8.0 of 
the Agreement, means May 1 through April 30; and
(B) in all other instances, means a calendar year.

SEC. 4. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE NATION WATER 
RIGHTS SETTLEMENT AGREEMENT.

(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the 
extent the Yavapai-Apache Nation Water Rights Settlement 
Agreement does not conflict with this Act, the Agreement is 
authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, 
including an amendment to any exhibit attached to the Agreement 
requiring the signature or approval of the Secretary, is 
executed in accordance with this Act to make the Agreement 
consistent with this Act, the amendment is authorized, 
ratified, and confirmed, to the extent the amendment is 
consistent with this Act.
(b) Execution.--
(1) In general.--To the extent the Agreement does not 
conflict with this Act, the Secretary shall execute the 
Agreement, including all exhibits to, or parts of, the 
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the 
Secretary from approving any modification to the Agreement, 
including any Exhibit to the 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.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement (including 
all exhibits to the 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 applicable Federal environmental laws 
and regulations.
(2) Authorizations.--The Secretary shall--
(A) independently evaluate the documentation 
prepared and submitted under paragraph (1); and
(B) be responsible for the accuracy, scope, and 
contents of that documentation.
(3) Effect of execution.--The execution of the 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.).
(4) Costs.--Any costs associated with the performance of 
the compliance and coordination activities under this 
subsection shall be paid from funds deposited in the Tu 
nl[[nichoh Water Infrastructure Project Fund established by 
section 7(a), 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.

SEC. 5. WATER RIGHTS.

(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Yavapai-Apache 
Nation as described in the 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 Yavapai-Apache Nation shall 
be subject to the terms and conditions of the Agreement and 
this Act.
(3) Conflict.--In the event of a conflict between the 
Agreement and this Act, this Act shall control.
(b) Water Rights To Be Held in Trust for the Yavapai-Apache 
Nation.--The United States shall hold the following Water Rights in 
trust for the benefit of the Yavapai-Apache Nation:
(1) The Water Rights described in paragraphs 5.0, 6.0, 8.0, 
9.0 and 11.0 of the Agreement.
(2) Any Water Rights taken into trust pursuant to 
subsections (f) and (g).
(c) Off-Reservation Use.--Except for Effluent as provided in 
subparagraph 4.15 of the Agreement, YAN CAP Water as provided in 
subparagraph 6.0 of the Agreement, and Water that is subject to an 
Exchange in accordance with State law, the rights to Water described in 
subparagraph 4.1 of the Agreement may not be sold, leased, transferred 
or used outside the boundaries of the YAN Reservation, YAN Trust Land, 
or YAN After-Acquired Trust Land.
(d) Forfeiture and Abandonment.--None of the water rights described 
in paragraphs (1) and (2) of subsection (b) shall be subject to loss 
through non-use, forfeiture, abandonment, or other operation of law.
(e) Yavapai-Apache Nation CAP Water.--The Yavapai-Apache Nation 
shall have the right to divert, use, and store YAN CAP Water in 
accordance with the Agreement and section 14.
(f) Water Rights Held in Trust for YAN After-Acquired Trust Land.--
As described in subparagraph 4.13.2.1 of the Agreement, and subject to 
all valid and existing rights, any Water Rights appurtenant to YAN 
After-Acquired Trust Land at the time the YAN After-Acquired Trust Land 
is taken into trust by the Secretary shall be held in trust by the 
United States for the benefit of the Yavapai-Apache Nation.
(g) Water Rights Held in Trust for Future Acquisitions of Water 
Rights.--As described in subparagraphs 4.14.1 and 4.14.2 of the 
Agreement, and subject to all valid and existing rights, on the request 
of the Yavapai-Apache Nation, and in accordance with applicable Federal 
law, the Secretary shall accept and take into trust for the benefit of 
the Yavapai-Apache Nation any Water Rights severed and transferred to 
the Reservation, YAN Trust Land, or YAN After-Acquired Trust Land.

SEC. 6. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT.

(a) In General.--The Secretary, acting through the Commissioner, 
shall plan, design and construct the Tu nl[[nichoh Water Infrastructure 
Project, which shall consist of--
(1) the Cragin-Verde Pipeline Project as described in 
subsection (b); and
(2) the Yavapai-Apache Nation Drinking Water System Project 
as described in subsection (c).
(b) Cragin-Verde Pipeline Project.--
(1) In general.--The Secretary, acting through the 
Commissioner, and without cost to the Salt River Federal 
Reclamation Project, shall--
(A) plan, design, and construct the Cragin-Verde 
Pipeline Project as part of the Salt River Federal 
Reclamation Project; and
(B) obtain any rights-of-way or other interests in 
land needed to construct the Cragin-Verde Pipeline 
Project.
(2) Scope.--The scope of the planning, design, and 
construction activities for the Cragin-Verde Pipeline Project 
shall meet the requirements described in paragraph (3).
(3) Requirements.--The Cragin-Verde Pipeline Project 
shall--
(A) be capable of delivering--
(i) not less than 6,836.92 AFY of water 
from the C.C. Cragin Dam and Reservoir for Use 
by the YAN as provided in the Settlement 
Agreement and this Act; and
(ii) up to an additional 1,912.18 AFY for 
Use by water users in Yavapai County as 
provided by the amendments made by section 
17(a);
(B) include all facilities and appurtenant items 
necessary to divert, store, and deliver water to the 
YAN Delivery Point on the Yavapai-Apache Reservation; 
and
(C) to the maximum extent practicable, be designed 
and constructed to minimize care, operation, and 
maintenance costs.
(4) Title to facilities.--Title to the Cragin-Verde 
Pipeline Project shall be held by the United States as part of 
the Salt River Federal Reclamation Project pursuant to the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
supplemental to and amendatory of that Act (commonly known as 
the ``Reclamation Act of 1902'') (43 U.S.C. 371 et seq.).
(5) Assumption of and responsibility for care, operation, 
and maintenance of cragin-verde pipeline project.--On the Date 
of Substantial Completion, SRP shall assume and be responsible 
for the care, operation, and maintenance of the Cragin-Verde 
Pipeline Project pursuant to the contract between the United 
States and the Salt River Valley Water Users' Association dated 
September 6, 1917, as amended.
(6) Costs of care, operation, and maintenance to be borne 
by project beneficiaries.--
(A) In general.--The costs of the care, operation, 
and maintenance of the Cragin-Verde Pipeline Project 
shall not be borne by SRP.
(B) Costs borne by yan.--Except as provided in 
subparagraph 10.10 of the Agreement, the Yavapai-Apache 
Nation and any other beneficiaries of the Cragin-Verde 
Pipeline Project shall bear the costs of the care, 
operation, and maintenance of the Cragin-Verde Pipeline 
Project on a pro rata basis after the Date of 
Substantial Completion.
(C) Costs borne by secretary.--Until the Date of 
Substantial Completion, the costs of care, operation, 
and maintenance shall be borne by the Secretary.
(7) Withdrawal and reservation.--
(A) Definition of covered land.--In this paragraph, 
the term ``covered land'' means the portion of the 
National Forest System land determined by the Secretary 
to be necessary for the construction and operation of 
the Cragin-Verde Pipeline Project as depicted on the 
map prepared under subparagraph (D).
(B) Withdrawal of covered land.--The covered land 
is permanently withdrawn from--
(i) all forms of entry, appropriation, and 
disposal under the public land laws;
(ii) location, entry, and patent under the 
mining laws; and
(iii) operation of the mineral leasing, 
mineral materials, and geothermal leasing laws.
(C) Reservation of covered land.--Subject to valid 
existing rights, the covered land is reserved to the 
United States, through the Secretary, for the exclusive 
right to use the covered land and interests in the 
covered land for Bureau of Reclamation purposes to 
construct the Cragin-Verde Pipeline Project as part of 
the Salt River Federal Reclamation Project and operated 
by SRP pursuant to the contract between the United 
States and the Salt River Valley Water Users' 
Association dated September 6, 1917, as amended.
(D) Map of covered land.--As soon as practicable 
after the date of enactment of this Act, the Secretary 
shall prepare a map depicting the boundary of the 
covered land, which shall be on file and available for 
public inspection in the appropriate offices of the 
Forest Service and the Bureau of Reclamation.
(c) Yavapai-Apache Nation Drinking Water System Project.--
(1) In general.--The Secretary, acting through the 
Commissioner, shall--
(A) plan, design and construct the YAN Drinking 
Water System Project;
(B) comply with all requirements of section 
4(c)(1); and
(C) obtain any rights-of-way or other interests in 
land needed to construct the YAN Drinking Water System 
Project.
(2) Scope.--The scope of the planning, design, and 
construction activities for the YAN Drinking Water System 
Project shall be as generally described in the document 
entitled ``Yavapai-Apache Nation Drinking Water Infrastructure 
Plan'' and dated July 2024, subject to the condition that the 
design of the project may be adjusted by mutual agreement of 
the Secretary and the Yavapai-Apache Nation if--
(A) the requirements of paragraph (3) can be met; 
and
(B) the adjustment is not expected to increase the 
total cost of the YAN Drinking Water System Project.
(3) Requirements.--The YAN Drinking Water System Project 
shall--
(A) include a surface water treatment facility 
capable of treating up to 2,250,000 gallons of water 
per day, with a peak of 3,000,000 gallons of water per 
day, for water delivered to the YAN Delivery Point from 
the C.C. Cragin Dam and Reservoir via the Cragin-Verde 
Pipeline Project, except as otherwise provided for in 
paragraph (4);
(B) include pipelines, water storage tanks, pump 
stations, transmission mains, and other associated 
infrastructure necessary for the delivery of the 
treated water from the surface water treatment facility 
described in subparagraph (A) to the locations 
described in the Yavapai-Apache Nation Drinking Water 
Infrastructure Plan dated July 2024, or as otherwise 
agreed to by the Nation and the Secretary; and
(C) to the maximum extent practicable, be designed 
and constructed to minimize care, operation, and 
maintenance costs.
(4) Increase in capacity and cost share.--For the water 
described in the amendments made by section 17(a), the 
Secretary is authorized to increase the capacity of the YAN 
Drinking Water System Project to treat and deliver up to an 
additional 2,500,000 gallons of water per day, for such water 
delivered to the YAN Delivery Point from the C.C. Cragin Dam 
and Reservoir via the Cragin-Verde Pipeline Project, subject to 
the conditions that--
(A) the Yavapai-Apache Nation and the water user or 
users described in the amendments made by section 17(a) 
agree to terms and conditions for the Nation to treat 
and distribute the water described in that section;
(B)(i) the water user or water users located in 
Yavapai County pay their share of the cost of 
construction to increase the capacity of the YAN 
Drinking Water System Project; and
(ii) payment for such costs are deposited into the 
YAN Drinking Water System Project Fund Account 
described in section 7(c)(2) for use for the purposes 
described in paragraph (1); and
(C) the request to increase the capacity of the YAN 
Drinking Water System Project and meeting the 
conditions required under this paragraph will not delay 
the timely completion of the YAN Drinking Water System 
Project to accept delivery of water from the Cragin-
Verde Pipeline Project to the YAN Delivery Point for 
the benefit of the Yavapai-Apache Nation.
(5) Title to facilities.--
(A) In general.--The YAN Drinking Water System 
Project shall be owned by the United States during 
construction.
(B) Transfer of title to yan.--On the Date of 
Substantial Completion of the Tu nl[[nichoh Water 
Infrastructure Project, the Secretary shall transfer 
title to the YAN Drinking Water System Project to the 
Yavapai-Apache Nation.
(6) Assumption of and responsibility care, operation and 
maintenance of the yan drinking water system project.--
(A) In general.--On the Date of Substantial 
Completion of the Tu nl[[nichoh Water Infrastructure 
Project, the Yavapai-Apache Nation shall assume and be 
responsible for the care, operation, and maintenance of 
the YAN Drinking Water System Project.
(B) Costs during construction.--Until the Date of 
Substantial Completion, the costs of care, operation, 
and maintenance shall be borne by the Secretary.
(7) Applicability of isdeaa.--On receipt of a request of 
the Yavapai-Apache Nation, and in accordance with the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 5301 
et seq.), the Secretary shall enter into 1 or more agreements 
with the Nation to carry out the activities authorized by this 
subsection.
(8) Condition.--As a condition of construction of the YAN 
Drinking Water System Project authorized by this subsection, 
the Nation shall authorize, at no cost to the Secretary, the 
use of all land or interests in land located on the 
Reservation, YAN Trust Land, and YAN After-Acquired Trust Land 
that the Secretary identifies as necessary for the planning, 
design, construction, operation, and maintenance of the YAN 
Drinking Water System Project until the transfer of title to 
the YAN Drinking Water System Project to the Nation pursuant to 
paragraph (5)(B).
(d) Date of Substantial Completion.--The Tu nl[[nichoh Water 
Infrastructure Project shall be deemed substantially complete on the 
date on which written notice is provided to the Parties by the Bureau 
of Reclamation that the Cragin-Verde Pipeline Project and the YAN 
Drinking Water System Project are sufficiently complete to place the 
projects into service for their intended use.

SEC. 7. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT FUND.

(a) Establishment.--The Secretary shall establish a non-trust 
interest-bearing account, to be known as the Tu nl[[nichoh Water 
Infrastructure Project Fund (referred to in this section as the 
``Project Fund'') and to be managed and distributed by the Secretary to 
carry out this Act.
(b) Accounts.--The Secretary shall establish within the Project 
Fund the following accounts (referred to in this section as the 
``Project Fund Accounts''):
(1) The Cragin-Verde Pipeline Account.
(2) The YAN Drinking Water System Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Cragin-Verde Pipeline Account established under 
subsection (b)(1), the amounts made available pursuant to 
section 10(a)(1)(A); and
(2) in the YAN Drinking Water System Account established 
under subsection (b)(2), the amounts made available pursuant to 
section 10(a)(1)(B).
(d) Uses.--
(1) Cragin-verde pipeline account.--The Cragin-Verde 
Pipeline Account established under subsection (b)(1) shall be 
used by the Secretary--
(A) to carry out section 6(b), including all 
required environmental compliance under section 4(c), 
for the Cragin-Verde Pipeline Project; and
(B) to reimburse SRP for the proportional Cragin 
Capital Costs and Cragin O&M Costs associated with 
water delivered to the Yavapai-Apache Nation from the 
C.C. Cragin Dam and Reservoir under subparagraph 8.6.1 
of the Agreement.
(2) YAN drinking water system account.--The YAN Drinking 
Water System Account established under subsection (b)(2) shall 
be used by the Secretary to carry out section 6(c), including 
all required environmental compliance under section 4(c), for 
the YAN Drinking Water System Project.
(e) Availability of Amounts.--
(1) In general.--Except as provided in paragraph (2), 
amounts appropriated to and deposited in the Project Fund 
Accounts under subparagraphs (A) and (B) of section 10(a)(1) 
shall not be made available for expenditure until the 
Enforceability Date.
(2) Exception.--Of the amounts described in paragraph (1), 
$13,000,000 shall be made available before the Enforceability 
Date for the Bureau of Reclamation to carry out environmental 
compliance and preliminary design of the Tu nl[[nichoh Water 
Infrastructure Project, subject to the following:
(A) The revision of the Settlement Agreement and 
exhibits to conform to this Act.
(B) Execution by all of the required settlement 
parties, including the United States, of the conformed 
Settlement Agreement and exhibits, including the 
waivers and releases of claims under section 11.
(f) Interest.--In addition to the deposits to the Project Fund 
Accounts under subsection (c), any investment earnings, including 
interest credited to amounts unexpended, are authorized to be 
appropriated to be used in accordance with the uses described in 
paragraphs (1) and (2) of subsection (d).
(g) Project Efficiencies.--
(1) In general.--If the total cost of the activities 
described in subsection (b) or (c) of section 6 are less than 
the amounts authorized to be appropriated under subparagraphs 
(A) and (B) of section 10(a)(1) to carry out those activities, 
the Secretary shall deposit the savings into the other Project 
Fund Account, if such funds are necessary to complete the 
construction of any component of the Tu nl[[nichoh Water 
Infrastructure Project.
(2) Remaining funds.--
(A) In general.--Any funds remaining in the Project 
Fund on the Date of Substantial Completion shall be 
deposited in the Yavapai-Apache Nation Water Settlement 
Trust Fund established by section 8(a) not later than 
60 days after that date.
(B) Allocation.--No later than 30 days after the 
Date of Substantial Completion, the Yavapai-Apache 
Nation may direct the allocation and amounts for the 
deposit of such funds to 1 or more of the accounts 
described in section 8(b), but if no timely direction 
is provided to the Secretary, the Secretary shall 
deposit the full amount of such funds to the Yavapai-
Apache Water Projects Account described in paragraph 
(2) of that section.

SEC. 8. YAVAPAI-APACHE NATION WATER SETTLEMENT TRUST FUND.

(a) Establishment.--The Secretary shall establish a trust fund for 
the Yavapai-Apache Nation, to be known as the ``Yavapai-Apache Nation 
Water Settlement Trust Fund'' (referred to in this section as the 
``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 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 Trust Fund the 
following accounts:
(1) The Yavapai-Apache Water Settlement Implementation 
Account.
(2) The Yavapai-Apache Water Projects Account.
(3) The Yavapai-Apache Wastewater Projects Account.
(4) The Yavapai-Apache OM&R Account.
(5) The Yavapai-Apache Watershed Rehabilitation and 
Restoration Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Yavapai-Apache Water Settlement Implementation 
Account established under subsection (b)(1), the amounts made 
available pursuant to subparagraph (A) of section 10(a)(2);
(2) in the Yavapai-Apache Water Projects Account 
established under subsection (b)(2), the amounts made available 
pursuant to subparagraph (B) of that section;
(3) in the Yavapai-Apache Wastewater Projects Account 
established under subsection (b)(3), the amounts made available 
pursuant to subparagraph (C) of that section;
(4) in the Yavapai-Apache OM&R Account established under 
subsection (b)(4), the amounts made available pursuant to 
subparagraph (D) of that section; and
(5) in the Yavapai-Apache Watershed Rehabilitation and 
Restoration Account established under subsection (b)(5), the 
amounts made available pursuant to subparagraph (E) of that 
section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of amounts into the 
Trust Fund pursuant to subsection (c), the Secretary shall 
manage, invest, and distribute all amounts in the 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 Trust Fund under subsection (c), any investment 
earnings, including interest, credited to amounts in the Trust 
Fund are authorized to be used in accordance with subsection 
(g).
(e) Availability of Amounts.--Amounts deposited in the Trust Fund 
(including any investment earnings) shall be made available to the 
Yavapai-Apache Nation by the Secretary beginning on the Enforceability 
Date, subject to the requirements of this Act.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund 
management reform act of 1994.--
(A) In general.--The Yavapai-Apache Nation may 
withdraw any portion of the amounts in the Trust Fund 
on approval by the Secretary of a Tribal management 
plan submitted by the 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 subsection shall require 
that the Yavapai-Apache Nation spend all amounts 
withdrawn from the 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 by 
the Yavapai-Apache Nation from the Trust Fund 
under this subsection are used in accordance 
with this Act.
(2) Expenditure plan.--
(A) In general.--The Yavapai-Apache Nation may 
submit to the Secretary a request to withdraw funds 
from the Trust Fund pursuant to an approved expenditure 
plan.
(B) Requirements.--To be eligible to withdraw 
amounts under an expenditure plan under this paragraph, 
the Yavapai-Apache Nation shall submit to the Secretary 
an expenditure plan for any portion of the Trust Fund 
that the Yavapai-Apache Nation elects to withdraw 
pursuant to this paragraph, subject to the condition 
that the amounts 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 Trust Fund will be used by the Yavapai-Apache 
Nation in accordance with this Act.
(D) Approval.--The Secretary shall approve an 
expenditure plan submitted under subparagraph (B) if 
the Secretary determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used 
to carry out, 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 to ensure that amounts disbursed under this 
subsection are used in accordance with this Act.
(g) Uses.--The amounts from the Trust Fund shall be used by the 
Yavapai-Apache Nation for the following purposes:
(1) The yavapai-apache water settlement implementation 
account.--Amounts in the Yavapai-Apache Water Settlement 
Implementation Account established under subsection (b)(1) may 
only be used--
(A) to pay fees and costs incurred by the Yavapai-
Apache Nation for filing and processing any application 
or obtaining any permit required under paragraph 5.0, 
8.0, or 11.0 of the Agreement;
(B) to pay costs incurred by the Yavapai-Apache 
Nation to participate in the planning, preliminary 
design, and environmental compliance activities for the 
Cragin-Verde Pipeline Project;
(C) to engage in water management planning to 
comply with paragraph 12.0 of the Agreement; and
(D) to pay, reimburse, or retire debt for costs 
incurred by the Yavapai-Apache Nation after the date of 
enactment of this Act for work under subparagraph (A), 
(B), or (C).
(2) The yavapai-apache water projects account.--Amounts in 
the Yavapai-Apache Water Projects Account established under 
subsection (b)(2) may only be used--
(A) for environmental compliance, permitting, 
planning, engineering and design, and construction, 
including acquisition of any necessary rights-of-way or 
other interests in land, and any other related 
activities necessary for the completion of construction 
for--
(i) expansion of the YAN Drinking Water 
System Project after the Date of Substantial 
Completion;
(ii) water infrastructure, and water 
storage and recovery projects, that facilitate 
the use or management of the water sources 
identified in subparagraph 4.1 of the 
Agreement; and
(iii) the proportionate share of the 
Yavapai-Apache Nation for any joint project 
with communities in the Verde Valley Watershed 
that facilitate the use or management of the 
water sources identified in subparagraph 4.1 of 
the Agreement; and
(B) to pay, reimburse, or retire debt for costs 
incurred by the Yavapai-Apache Nation after the date of 
enactment of this Act for projects under subparagraph 
(A).
(3) The yavapai-apache wastewater projects account.--
Amounts in the Apache Wastewater Projects Account established 
under subsection (b)(3) may only be used--
(A) for environmental compliance, planning, 
permitting, engineering and design, and construction, 
including acquisition of any necessary rights-of-way or 
other interests in land, and any other related 
activities necessary for the completion of construction 
for--
(i) wastewater infrastructure, and 
wastewater storage and recovery projects, that 
facilitate the reuse or management of Effluent; 
and
(ii) the proportionate share of the 
Yavapai-Apache Nation for any joint project or 
projects with communities in the Verde Valley 
Watershed that facilitate the reuse or 
management of Effluent;
(B) to pay, reimburse, or retire debt for costs 
incurred by the Yavapai-Apache Nation after the date of 
enactment of this Act for projects under subparagraph 
(A); and
(C)(i) to pay the outstanding debt on the loan of 
the Yavapai-Apache Nation with the Water Infrastructure 
and Finance Authority of Arizona for the construction 
of the Middle Verde Water Reclamation Facility; and
(ii) to reimburse the Yavapai-Apache Nation up to 
$8,000,000 in additional construction costs related to 
construction of the Middle Verde Water Reclamation 
Facility.
(4) The yavapai-apache om&r account.--Amounts in the 
Yavapai-Apache OM&R Account established under subsection (b)(4) 
may only be used to pay--
(A) OM&R and energy costs for the Tu nl[[nichoh 
Water Infrastructure Project, including the Cragin-
Verde Pipeline Project and the YAN Drinking Water 
System Project;
(B) OM&R, energy costs, and any other charges 
assessed to the Yavapai-Apache Nation pursuant to the 
YAN-SRP Water Delivery and Use Agreement, the YAN-SRP 
Exchange Agreement, and the YAN Amended CAP Water 
Delivery Contract;
(C) OM&R for Yavapai-Apache Nation projects 
described in paragraphs (2), (3), and (5); and
(D) OM&R, energy costs, and other charges incurred 
by the Nation for the storage, transportation and 
recovery of water or Effluent.
(5) Yavapai-apache watershed rehabilitation and restoration 
account.--Amounts in the Yavapai-Apache Watershed 
Rehabilitation and Restoration Account established under 
subsection (b)(5) may only be used for the purpose of 
environmental compliance, permitting, planning, engineering and 
design activities, and construction of projects for the 
protection and restoration of the Verde River Watershed, and 
any other related activities necessary for the completion of 
such projects.
(h) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Yavapai-Apache Nation under 
subsection (f).
(i) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Trust Fund shall remain 
in the Yavapai-Apache Nation.
(j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any Member of the 
Yavapai-Apache Nation.
(k) Expenditure Reports.--The Yavapai-Apache Nation shall annually 
submit to the Secretary an expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan under subsection (f)(1) or an expenditure plan 
under subsection (f)(2).
(l) Effect.--Nothing in this section gives the Yavapai-Apache 
Nation the right to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under 
subsection (f)(1) or an expenditure plan under subsection (f)(2) except 
under subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act'').

SEC. 9. GAGING STATION.

The Secretary, acting through the Director of the USGS, shall 
continue to maintain and operate the existing USGS gaging station at 
the YAN Point of Compliance, identified as ``Verde River Above Camp 
Verde - 09504950'' in Exhibit 11.1B to the Agreement, within the 
Yavapai-Apache Reservation, for the purpose of monitoring the instream 
flow right of the Yavapai-Apache Nation to the Verde River as described 
in paragraph 11.0 of the Agreement.

SEC. 10. FUNDING.

(a) Mandatory Appropriations.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary, to remain available to the Secretary until expended, 
withdrawn, or reverted to the general fund of the Treasury, the 
following amounts:
(1) Tu nl]]nichoh water infrastructure project fund.--For 
deposit in the following accounts of the Tu nl[[nichoh Water 
Infrastructure Project Fund established under section 7(a):
(A) $731,059,000 in the Cragin-Verde Pipeline 
Account established under section 7(b)(1).
(B) $152,490,000 in the YAN Drinking Water System 
Account established under section 7(b)(2).
(2) Yavapai-apache nation water settlement trust fund.--For 
deposit in the following accounts of the Yavapai-Apache Nation 
Water Settlement Trust Fund established under section 8(a):
(A) $300,000 in the Yavapai-Apache Water Settlement 
Implementation Account established under section 
8(b)(1).
(B) $58,000,000 in the Yavapai-Apache Water 
Projects Account established under section 8(b)(2).
(C) $31,000,000 in the Yavapai-Apache Wastewater 
Projects Account established under section 8(b)(3).
(D) $66,000,000 in the Yavapai-Apache OM&R Account 
established under section 8(b)(4).
(E) $700,000 in the Yavapai-Apache Watershed 
Rehabilitation and Restoration Account established 
under section 8(b)(5).
(b) Fluctuation in Costs.--
(1) Project fund.--The amounts appropriated under 
subsection (a)(1) 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 of Reclamation Construction 
Cost 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 means of construction and 
current industry standards involved.
(2) Trust fund.--The amounts appropriated under subsection 
(a)(2) 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 of Reclamation Construction 
Cost Index--Composite Trend; 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 means of construction and 
current industry standards involved.
(3) Repetition.--The adjustment process under this 
subsection shall be repeated for each subsequent amount 
appropriated until the amount authorized, as adjusted, has been 
appropriated.
(4) Requirements for adjustment process.--The adjustment 
process under this subsection shall be repeated for each 
subsequent amount appropriated for deposit in the Tu nl[[nichoh 
Water Infrastructure Project Fund under subsection (a)(1) and 
the Yavapai-Apache Nation Water Settlement Trust Fund under 
subsection (a)(2), until the amount authorized to be 
appropriated, as so adjusted, has been appropriated.
(5) Period of indexing.--
(A) Project fund.--With respect to the Tu 
nl[[nichoh Water Infrastructure Project Fund, the 
period of indexing adjustment for any increment of 
funding shall be annual until the Tu nl[[nichoh Water 
Infrastructure Project is completed.
(B) Trust fund.--With respect to the Yavapai-Apache 
Nation Water Settlement Trust Fund, the period of 
indexing adjustment for any increment of funding shall 
end on the date on which funds are deposited into the 
Yavapai-Apache Nation Water Settlement Trust Fund.
(c) Commencement of Environmental Compliance.--Subject to the 
requirements of subparagraphs (A) and (B) of section 7(e)(2), effective 
beginning on the date of deposit of funds in the Tu nl[[nichoh Water 
Infrastructure Project Fund under subsection (a)(1), the Secretary 
shall commence any planning, design, environmental, cultural, and 
historical compliance activities necessary to implement the Agreement 
and this Act, including activities necessary to comply with section 
4(c)(1).

SEC. 11. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

(a) Waiver, Release, and Retention of Claims for Water Rights and 
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but 
Not Members in the Capacity of the Members as Allottees), and the 
United States, Acting as Trustee for the Yavapai-Apache Nation (but Not 
Members in the Capacity of the Members as Allottees).--
(1) In general.--Except as provided in paragraph (3), the 
Yavapai-Apache Nation, on behalf of the Yavapai-Apache Nation 
and the Members of the Yavapai-Apache Nation (but not Members 
in the capacity of the Members as Allottees), and the United 
States, acting as trustee for the Yavapai-Apache Nation and the 
Members of the Yavapai-Apache Nation (but not Members in the 
capacity of the Members as Allottees), as part of the 
performance of the respective obligations of the Yavapai-Apache 
Nation and the United States under the Agreement and this Act, 
shall execute a waiver and release of any claims against the 
State (or any agency or political subdivision of the State), 
and any other individual, entity, corporation, or municipal 
corporation under Federal, State, or other law for all--
(A) past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
YAN 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 by 
the Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of 
the Yavapai-Apache Nation;
(C) past and present claims for Injury to Water 
Rights, including rights to Colorado River Water, for 
YAN Land, arising from time immemorial through the 
Enforceability Date;
(D) past, present, and future claims for Injury to 
Water Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land by 
the Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of 
the Yavapai-Apache Nation;
(E) claims for Injury to Water Rights, including 
rights to Colorado River Water, arising after the 
Enforceability Date, for YAN Land, resulting from the 
off-Reservation Diversion or Use of Water in a manner 
not in violation of the Agreement or State law; and
(F) past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Agreement, any judgment 
or decree approving or incorporating the Agreement, or 
this Act.
(2) Form; effect.--The waiver and release of claims 
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.1 
to the Agreement; and
(B) shall 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 Agreement, the Yavapai-Apache Nation, on behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache 
Nation, and the United States, acting as trustee for the YAN 
and the Members of the YAN (but not Members in the capacity of 
the Members as Allottees), shall retain any right--
(A) subject to subparagraph 17.9 of the Agreement, 
to assert claims for injuries to, and seek enforcement 
of, their rights under the Agreement or this Act in any 
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, their rights under any judgment or 
decree entered by the Gila River Adjudication Court, 
including the Verde River Decree;
(C) to assert claims for Water Rights or Injury to 
Water Rights acquired before the Enforceability Date 
pursuant to subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water 
Rights or Injury to Water Rights by or for any Indian 
Tribe, or the United States acting on behalf of any 
Indian Tribe;
(E) to assert past, present, or future claims for 
Injury to Water Rights against any Indian Tribe, or the 
United States, acting on behalf of any Indian Tribe;
(F) to assert claims for Injury to Water Rights 
arising after the Enforceability Date for YAN Land 
resulting from any off-Reservation Diversion of Surface 
Water within the Verde River Watershed, other than from 
a well, if the Diversion or Use of Surface Water was 
first initiated after the Effective Date and was not 
the subject of a permit to appropriate Surface Water 
issued by the Arizona Department of Water Resources 
before the Effective Date; and
(G) to assert claims for Injury to Water Rights 
arising after the Enforceability Date for YAN Land 
resulting from any off-Reservation Diversion or Use of 
Water from a well, if--
(i) the Water is determined by the Gila 
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde 
River Watershed above USGS Gage No. 09506000 
identified as ``Verde River near Camp Verde, 
AZ'';
(iii) the well was constructed after the 
Effective Date; and
(iv) the well is not--
(I) a Replacement Well;
(II) a new point of Diversion for a 
Surface Water Use predating the 
Effective Date;
(III) operated by a Municipal Water 
Provider pursuant to an agreement with 
the Yavapai-Apache Nation under 
subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use 
or Stock Watering Use;
(V) constructed to supply a 
Stockpond with a capacity not to exceed 
4 acre-feet;
(VI) used by a city or town in the 
Prescott active management area--
(aa) to withdraw 
Underground Water from land 
located in the Big Chino sub-
basin of the Verde River 
groundwater basin that has 
historically irrigated acres 
for transportation to an 
adjacent initial active 
management area under the 
criteria described in sections 
45-555(A), 45-555(B), 45-
555(C), and 45-555(D) of the 
Arizona Revised Statutes, as 
those sections exist as of the 
Effective Date, a copy of which 
is attached as Exhibit 13.1.3 
to the Agreement;
(bb) to withdraw and 
transport 8,068 AFY of 
Underground Water from the Big 
Chino sub-basin of the Verde 
River groundwater basin to the 
Prescott active management area 
pursuant to the criteria 
described in sections 45-555(E) 
and 45-555(G) of the Arizona 
Revised Statutes, as those 
sections exist as of the 
Effective Date, a copy of which 
is attached as Exhibit 13.1.3 
to the Agreement; or
(cc) to withdraw and 
transport Underground Water 
from land located in the Big 
Chino sub-basin of the Verde 
River groundwater basin to the 
Prescott active management area 
to meet the additional needs of 
an Indian Tribe in the Prescott 
active management area pursuant 
to a federally approved Indian 
water rights settlement under 
sections 45-555(G) and 45-
555(F), as those sections exist 
as of the Effective Date, a 
copy of which is attached as 
Exhibit 13.1.3 to the 
Agreement; and
(VII) providing a source of supply 
for an M&I Use for a Municipal Water 
Provider or a Public Water System (that 
does not have an agreement with the YAN 
pursuant to subparagraph 16.1.2 of the 
Agreement) that meets certain 
conditions, including that--
(aa) the well is located 
outside the lateral limits of 
the Verde River Subflow Zone;
(bb) all buildings 
constructed after the well is 
drilled that are served by the 
Municipal Water Provider or 
Public Water System have 
WaterSense Labeled Fixtures, or 
fixtures that are equivalent to 
or exceed WaterSense 
specifications for water 
efficiency and performance as 
described in Exhibit 2.90 to 
the Agreement;
(cc) the Municipal Water 
Provider or Public Water System 
uses its best efforts to ensure 
that all outdoor landscaping 
installed after the well is 
drilled that is served by the 
Municipal Water Provider or 
Public Water System uses only 
native or drought tolerant 
plants, except as provided for 
in item (dd);
(dd) all turf or other 
landscape areas not using 
native or drought tolerant 
plants, including for schools, 
parks, cemeteries, golf 
courses, or common areas, 
installed after the well is 
drilled are, to the extent 
permitted by State law, 
prohibited by the Municipal 
Water Provider or Public Water 
System unless the plants are 
100 percent served with 
Effluent, greywater, harvested 
rainwater, or some combination 
thereof; and
(ee) ornamental water 
features (except swimming 
pools), ponds, and lakes 
constructed after the well is 
drilled are, to the extent 
permitted by State law, 
prohibited by the Municipal 
Water Provider or Public Water 
System unless the features, 
ponds, and lakes are 100 
percent served with Effluent, 
greywater, harvested rainwater, 
or some combination thereof.
(b) Waiver, Release, and Retention of Claims for Water Rights and 
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but 
Not Members in the Capacity of the Members as Allottees), Against the 
United States.--
(1) In general.--Except as provided in paragraph (3), the 
Yavapai-Apache Nation, on behalf of the Yavapai-Apache Nation 
and the Members of the Yavapai-Apache Nation (but not Members 
in the capacity of the Members as Allottees), as part of the 
performance of the obligations of the Yavapai-Apache Nation 
under the Agreement and this Act, shall 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--
(A) past, present, and future claims for Water 
Rights, including rights to Colorado River Water, for 
YAN 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 by 
the Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of 
the Yavapai-Apache Nation;
(C) past and present claims relating in any manner 
to damage, losses, or injury to land or other resources 
due to loss of Water or Water Rights (including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of Water or 
Water Rights, claims relating to interference with, 
Diversion, or taking of Water, or claims relating to 
the failure to protect, acquire, or develop Water, 
Water Rights, or Water infrastructure) within the State 
that first accrued at any time prior to the 
Enforceability Date;
(D) past and present claims for Injury to Water 
Rights, including rights to Colorado River Water, for 
YAN Land, arising from time immemorial through the 
Enforceability Date;
(E) past, present, and future claims for Injury to 
Water Rights, including rights to Colorado River Water, 
arising from time immemorial and, thereafter, forever, 
that are based on the aboriginal occupancy of land by 
the Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of 
the Yavapai-Apache Nation;
(F) claims for Injury to Water Rights, including 
rights to Colorado River Water, arising after the 
Enforceability Date for YAN Land, resulting from the 
off-Reservation Diversion or Use of Water in a manner 
not in violation of the Agreement or State law; and
(G) past, present, and future claims arising out 
of, or relating in any manner to, the negotiation, 
execution, or adoption of the Agreement, any judgment 
or decree approving or incorporating the Agreement, or 
this Act.
(2) Form; effect.--The waiver and release of claims 
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.2 
to the Agreement; and
(B) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and 
release of claims described in paragraph (1) and Exhibit 13.2 
to the Agreement, the Yavapai-Apache Nation, on behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache 
Nation (but not Members in the capacity of the Members as 
Allottees) shall retain any right--
(A) subject to subparagraph 17.9 of the Agreement, 
to assert claims for injuries to, and seek enforcement 
of, their rights under the Agreement or this Act in any 
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek 
enforcement of, rights under any judgment or decree 
entered by the Gila River Adjudication Court, including 
the Verde River Decree;
(C) to assert claims for Water Rights or Injury to 
Water Rights acquired before the Enforceability Date 
pursuant to subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water 
Rights or Injury to Water Rights by or for any Indian 
Tribe or the United States acting on behalf of any 
Indian Tribe;
(E) to assert past, present, or future claims for 
Injury to Water Rights against any Indian Tribe or the 
United States acting on behalf of any Indian Tribe;
(F) to assert claims for Injury to Water Rights 
arising after the Enforceability Date for YAN Land 
resulting from any off-Reservation Diversion of Surface 
Water within the Verde River Watershed, other than from 
a well, if the Diversion or Use of Surface Water was 
first initiated after the Effective Date and was not 
the subject of a permit to appropriate Surface Water 
issued by the Arizona Department of Water Resources 
before the Effective Date; and
(G) to assert claims for Injury to Water Rights 
arising after the Enforceability Date for YAN Land 
resulting from any off-Reservation Diversion or Use of 
Water from a well, if--
(i) the Water is determined by the Gila 
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde 
River Watershed above Gage No. 09506000, Verde 
River near Camp Verde, AZ;
(iii) the well was constructed after the 
Effective Date; and
(iv) the well is not--
(I) a Replacement Well;
(II) a new point of Diversion for a 
Surface Water Use predating the 
Effective Date;
(III) operated by a Municipal Water 
Provider pursuant to an agreement with 
the Yavapai-Apache Nation under 
subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use 
or Stock Watering Use; or
(V) constructed to supply a 
Stockpond with a capacity not to exceed 
4 acre-feet.
(c) Waiver, Release and Retention of Claims by the United States in 
All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Yavapai-Apache Nation) Against the Yavapai-Apache Nation and the 
Members of the Yavapai-Apache 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 Yavapai-Apache Nation), as part of 
the performance of the obligations of the United States under 
the Agreement and this Act, shall execute a waiver and release 
of all claims against the Yavapai-Apache Nation, the Members of 
the Yavapai-Apache Nation, or any agency, official, or employee 
of the Yavapai-Apache Nation, under Federal, State, or any 
other law for all--
(A) past and present claims for Injury to Water 
Rights, including rights to Colorado River Water, 
resulting from the Diversion or Use of Water on YAN 
Land arising from time immemorial through the 
Enforceability Date;
(B) claims for Injury to Water Rights, including 
rights to Colorado River Water, arising after the 
Enforceability Date, resulting from the Diversion or 
Use of Water on YAN Land in a manner that is not in 
violation of the Agreement or State law; and
(C) past, present, and future claims arising out 
of, or related in any manner to, the negotiation, 
execution, or adoption of the Agreement, any judgment 
or decree approving or incorporating the Agreement, or 
this Act.
(2) Form; effect.--The waiver and release of claims 
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.3 
to the Agreement; and
(B) shall 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 Agreement, the United States shall retain any right to 
assert any claim not expressly waived in accordance with that 
paragraph and that exhibit.
(d) No Effect on Actions Relating to Health, Safety or 
Environment.--Nothing in the Agreement or this Act affects any right of 
the United States or the Yavapai-Apache Nation on behalf of the 
Yavapai-Apache Nation, or on behalf of the Members of the Yavapai-
Apache Nation, to take any action authorized by law relating to health, 
safety, or the environment, including--
(1) the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.);
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(4) any regulations implementing the Acts described in 
paragraphs (1) through (3).

SEC. 12. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS; EFFECT ON 
MEMBERS OF THE YAVAPAI-APACHE NATION AND DINAH HOOD 
ALLOTMENT.

(a) In General.--The benefits provided under the Agreement and this 
Act shall be in complete replacement of, in complete substitution for, 
and in full satisfaction of any claim of the Yavapai-Apache Nation and 
the Members of the Yavapai-Apache Nation (but not Members in the 
capacity of the Members as Allottees) against the parties to the 
Agreement, including the United States, that is waived and released by 
the Yavapai-Apache Nation acting on behalf of the Yavapai-Apache Nation 
and the Members of the Yavapai-Apache Nation (but not Members in the 
capacity of the Members as Allottees) pursuant to--
(1) subsections (a) and (b) of section 11; and
(2) subparagraphs 13.1 and 13.2 of the Agreement.
(b) Entitlements.--Any entitlement to Water of the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Nation (but not Members in 
the capacity of the Members as Allottees), or the United States as 
trustee for the Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the Members as 
Allottees), for YAN Land shall be satisfied out of the water resources 
and other benefits granted, confirmed, quantified, or recognized, by 
the Agreement or this Act to or for--
(1) the Yavapai-Apache Nation;
(2) the Members of the Yavapai-Apache Nation (but not 
Members in the capacity of the Members as Allottees); and
(3) the United States as trustee for the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Nation (but not 
Members in the capacity of the Members as Allottees).
(c) Savings Provision.--Notwithstanding subsections (a) and (b), 
nothing in the Agreement or this Act--
(1) recognizes or establishes any right of a Member of the 
Yavapai-Apache Nation to Water on YAN Land; or
(2) prohibits the Yavapai-Apache Nation from acquiring 
additional Water Rights by purchase or donation of land, 
credits, or Water Rights.
(d) Effect on Members of the Yavapai-Apache Nation.--Except as 
provided in subsections (a) and (b), and sections 11(a) and 11(b), the 
Agreement and this Act shall not affect any rights of any Member of the 
Yavapai-Apache Nation to Water for land outside of YAN Land.
(e) Effect on Dinah Hood Allotment.--
(1) In general.--Nothing in the Agreement or this Act--
(A) quantifies or diminishes any Water Right, or 
any claim or entitlement to Water, for the Dinah Hood 
Allotment; or
(B) precludes beneficial owners of the Dinah Hood 
Allotment, or the United States acting in its capacity 
as trustee for beneficial owners of the Dinah Hood 
allotment, from making claims for Water Rights in the 
State.
(2) Claim authorization.--To the extent authorized by 
applicable law, beneficial owners of the Dinah Hood Allotment 
or the United States acting in its capacity as trustee for 
beneficial owners of the Dinah Hood allotment may make claims 
to, and may be adjudicated, individual Water Rights in the 
State.
(3) Exception.--Notwithstanding paragraph (1), the Yavapai-
Apache Nation, in the capacity of the Yavapai-Apache Nation as 
a holder of a beneficial real property interest in the Dinah 
Hood Allotment, shall not object to, challenge, or dispute the 
claims of water users to Water from the Verde River Watershed 
in--
(A) the Gila River Adjudication Proceedings; or
(B) any other judicial or administrative 
proceeding.

SEC. 13. TRUST LAND.

(a) Yavapai-Apache Reservation.--The Yavapai-Apache Reservation 
includes--
(1) the land located within the exterior boundaries of the 
Yavapai-Apache Reservation, as described and depicted in 
Exhibits 2.96A through 2.96E and 2.102 to the Agreement, as 
documented by the Land Titles and Records Office of the 
Department of the Interior;
(2) the land added to the Reservation pursuant to 
subsection (b);
(3) the trust lands identified in Exhibit 2.98A to the 
Agreement as--
(A) Montezuma Parcel A (NF1);
(B) Montezuma Parcel B (NF2);
(C) Montezuma Parcel C (NF3);
(D) Montezuma Parcel D (NF4);
(E) Lower Verde 260 Parcel (NF5);
(F) Upper 260 (NF6);
(G) Middle Verde Parcel A (NF7);
(H) Middle Verde Parcel B (NF8); and
(I) Middle Verde Parcel C (NF9); and
(4) land that, as of the Enforceability Date, has been 
added to the Reservation pursuant to Federal law.
(b) Land To Be Taken Into Trust.--
(1) In general.--By the date that is not later than 30 days 
after the date of enactment of this Act, the Secretary is 
authorized and directed to accept the transfer of title to the 
land shown on the maps in Exhibits 2.98A and 2.98B to the 
Agreement, as identified in subparagraphs (A) through (G) of 
paragraph (2), and to hold that land in trust for the benefit 
of the Yavapai-Apache Nation.
(2) Land described.--The land referred to in paragraph (1) 
includes the following:
(A) Otter waters.--A tract of land located in 
Section 33, Township 15 North, Range 4 East, Gila and 
Salt River Base and Meridian, Yavapai County, Arizona, 
as described in instrument number 2023-0005245 recorded 
on February 3, 2023, in the records of the Yavapai 
County Recorder.
(B) Cemetery property.--A tract of land located in 
the East half of the Northeast quarter of Section 11, 
Township 14 North, Range 4 East, Gila and Salt River 
Meridian, Yavapai County, Arizona, as described in 
instrument number 2023-0025892 recorded on June 15, 
2023, in the records of the Yavapai County Recorder.
(C) Brown property.--
(i) Parcel 1.--A tract of land located in 
the Southwest quarter of the Southwest quarter 
of Section 2, Township 14 North, Range 4 East 
of the Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in 
instrument number 2021-0087445 recorded on 
December 9, 2021, in the records of the Yavapai 
County Recorder.
(ii) Parcel 2.--A tract of land located in 
the Southwest quarter of the Southwest quarter 
of Section 2 and the Northwest quarter of the 
Northwest quarter of Section 11, Township 14 
North, Range 4 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Arizona, as 
described in instrument number 2021-0087445 
recorded on December 9, 2021, in the records of 
the Yavapai County Recorder.
(D) Distant drums rv park property.--
(i) Parcel 1.--A tract of land as recorded 
in Book 3627, Page 782, Records of Yavapai 
County, located in a portion of Government Lots 
10 and 11 of Section 7 and Government Lots 13 
and 14 of Section 18, Township 14 North, Range 
5 East of the Gila and Salt River Base and 
Meridian, Yavapai County, Arizona, as described 
in Book 4332, Page 281 recorded on November 7, 
2005, in the records of the Yavapai County 
Recorder.
(ii) Parcel 2.--A tract of land located in 
a portion of Government Lot 12 of Section 7, 
Township 14 North, Range 5 East of the Gila and 
Salt River Base and Meridian, Yavapai County, 
Arizona, as described in Book 4332, Page 281 
recorded on November 7, 2005, in the records of 
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in 
Section 7, Township 14 North, Range 5 East of 
the Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in Book 
4332, Page 281 recorded on November 7, 2005, in 
the records of the Yavapai County Recorder.
(E) Sonic/chevron property.--
(i) Parcel 1.--A tract of land located in 
that part of Lot 13, Section 18, Township 14, 
North, Range 5 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Arizona, 
being a portion of that parcel of land 
described in Book 3068, Page 519 in the Office 
of the Yavapai County Recorder, as described in 
Book 4115, Page 876 recorded on February 2, 
2004, in the records of the Yavapai County 
Recorder.
(ii) Parcel 2.--A tract of land located in 
that part of Lot 13, Section 18, Township 14 
North, Range 5 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Arizona, 
being a portion of that parcel of land 
described in Book 3068, Page 519 in the Office 
of the Yavapai County Recorder, as described in 
Book 4115, Page 876 recorded on February 2, 
2004, in the records of the Yavapai County 
Recorder.
(iii) Parcel 3.--A tract of land located in 
that part of Lot 13, Section 18, Township 14 
North, Range 5 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Arizona, 
being a portion of that parcel of land 
described in Book 3068, Page 519 in the office 
of the Yavapai County Recorder, as described in 
Book 4115, Page 888 recorded on February 2, 
2004, in the records of the Yavapai County 
Recorder.
(F) Arena del loma property.--
(i) Parcel 1.--A tract of land located in 
Section 19, Township 14 North, Range 5 East of 
the Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in 
instrument number 2020-0044727 recorded on 
August 7, 2020, in the records of the Yavapai 
County Recorder.
(ii) Parcel 2.--A tract of land located in 
Section 19, Township 14 North, Range 5 East of 
the Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, lying within South 
Middle Verde Road (Arena Del Loma Road) as 
abandoned by Town of Camp Verde, as shown on 
plat of record in Book 198 of Maps, Page 51, 
records of Yavapai County, Arizona, as 
described in instrument number 2020-0044727 
recorded on August 7, 2020, in the records of 
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in 
the Northeast quarter of Section 19, Township 
14 North, Range 5 East, of the Gila and Salt 
River Base and Meridian, Yavapai County, 
Arizona, being a portion of that parcel 
described in Book 4227, page 525 Record Source 
#1 (R1), records of the Yavapai County 
Recorder's Office, as described in instrument 
number 2022-0059695 recorded on October 6, 
2022, in the records of the Yavapai County 
Recorder.
(G) Giant's grave property.--
(i) Parcel 1.--A tract of land located in 
the Northeast quarter of the Southwest quarter 
of Section 19, Township 16 North, Range 3 East 
of the Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in Book 
3319, Page 620, instrument number 9667800 
recorded on November 27, 1996, in the records 
of the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in 
the South half of the South half of Section 19 
and in the Northeast quarter of the Northwest 
quarter of Section 30, Township 16 North, Range 
3 East of the Gila and Salt River Base and 
Meridian, Yavapai County, Arizona, as described 
in Book 3319, Page 620, instrument number 
9667800 recorded on November 27, 1996, in the 
records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land 20 feet in 
width and more or less 178 feet in length 
located in the South \1/2\ of Section 19, 
Township 16 North, Range 3 East of the Gila and 
Salt River Base and Meridian, Yavapai County, 
Arizona, being a portion of that certain parcel 
of land described in Book 3568, Page 18, 
Official Records recorded in the Yavapai County 
Recorder's Office, Yavapai County, Arizona, as 
described in instrument number 2022-0036985 
recorded on June 15, 2022, in the records of 
the Yavapai County Recorder.
(3) Valid existing rights.--The land taken into trust under 
paragraph (1) shall be subject to valid existing rights, 
including easements, rights-of-way, contracts, and managements 
agreements.
(4) Limitations.--Nothing in this subsection affects any 
right or claim of the Yavapai-Apache Nation to any land or 
interest in land in existence before the date of enactment of 
this Act.
(5) Land descriptions.--The Secretary may correct, by 
mutual agreement with the Yavapai-Apache Nation, any errors in 
the land descriptions of the land conveyed to the Secretary 
pursuant to this subsection.
(6) Conflict.--In the case of a conflict between a map and 
a description of land in this Act, the map shall control unless 
the Secretary and the Yavapai-Apache Nation mutually agree 
otherwise.

SEC. 14. YAVAPAI-APACHE NATION CAP WATER.

(a) Yavapai-Apache Nation Amended CAP Water Delivery Contract.--
(1) In general.--In accordance with the Yavapai-Apache 
Nation Water Rights Settlement Agreement and the requirements 
described in paragraph (2), the Secretary shall enter into the 
YAN Amended CAP Water Delivery Contract.
(2) Requirements.--The requirements referred to in 
paragraph (1) are the following:
(A) In general.--The YAN Amended CAP Water Delivery 
Contract shall--
(i) be for permanent service (as that term 
is used in section 5 of the Boulder Canyon 
Project Act (43 U.S.C. 617d));
(ii) take effect on the Enforceability 
Date; and
(iii) be without limit as to term.
(B) YAN cap water.--
(i) In general.--The YAN CAP water may be 
delivered for use in the State through--
(I) any project authorized under 
this Act; or
(II) the CAP System.
(C) Contractual delivery.--The Secretary shall 
deliver the YAN CAP water to Yavapai-Apache Nation in 
accordance with the terms and conditions of the YAN 
Amended CAP Water Delivery Contract.
(D) Delivery of cap indian priority water.--
(i) In general.--If a time of shortage (as 
that term is described in the YAN Amended CAP 
Water Delivery Contract) exists, the amount of 
CAP Indian Priority Water available to the YAN 
in the applicable Year shall be computed in 
accordance with the YAN Amended CAP Repayment 
Contract.
(E) Leases and exchanges of yavapai-apache nation 
cap water.--On or after the date on which the YAN 
Amended CAP Water Delivery Contract becomes effective, 
the Yavapai-Apache Nation may, with the approval of the 
Secretary, enter into contracts or options to lease or 
to exchange YAN CAP Water in Coconino, Gila, Maricopa, 
Pinal, Pima, and Yavapai counties, Arizona, providing 
for the temporary delivery to any individual or entity 
of any portion of the YAN CAP Water.
(F) Terms of leases and exchanges.--
(i) Leasing.--Contracts or options to lease 
under subparagraph (E) shall be for a term of 
not more than 100 years.
(ii) Exchanges.--Contracts or options to 
exchange under subparagraph (E) shall be for 
the term provided for in the contract or 
option, as applicable.
(iii) Renegotiation.--The YAN may, with the 
approval of the Secretary, renegotiate any 
lease described in subparagraph (E), at any 
time during the term of the lease, subject to 
the condition that the term of the renegotiated 
lease does not exceed 100 years.
(G) Prohibition on permanent alienation.--No YAN 
CAP Water may be permanently alienated.
(H) Entitlement to lease and exchange funds; 
obligations of the united states.--
(i) Entitlement.--
(I) In general.--The Yavapai-Apache 
Nation shall be entitled to all 
consideration due to the Yavapai-Apache 
Nation under any contract to lease, 
option to lease, contract to exchange, 
or option to exchange the YAN CAP Water 
entered into by the Yavapai-Apache 
Nation.
(II) Exclusion.--The United States 
shall not, in any capacity, be entitled 
to the consideration described in 
subclause (I).
(ii) Obligations 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 Yavapai-Apache Nation as 
consideration under any contract to lease, 
option to lease, contract to exchange, or 
option to exchange the YAN CAP Water entered 
into by Yavapai-Apache Nation, except in a case 
in which the Yavapai-Apache Nation deposits the 
proceeds of any lease, option to lease, 
contract to exchange, or option to exchange 
into an account held in trust for the Yavapai-
Apache Nation by the United States.
(I) Water use and storage.--
(i) In general.--The Yavapai-Apache Nation 
may use YAN CAP Water on or off the YAN 
Reservation.
(ii) Storage.--The Yavapai-Apache Nation, 
in accordance with State law, may store YAN CAP 
Water at 1 or more underground storage 
facilities or groundwater savings facilities.
(iii) Assignment.--The Yavapai-Apache 
Nation may, without the approval of the 
Secretary, sell, transfer, or assign any long-
term storage credits accrued as a result of 
storage described in clause (ii).
(J) Use outside state.--The Yavapai-Apache Nation 
may not use, lease, exchange, forbear, or otherwise 
transfer any YAN CAP Water for use directly or 
indirectly outside the State.
(K) CAP fixed om&r charges.--
(i) In general.--The CAP Operating Agency 
shall be paid the CAP Fixed OM&R charges 
associated with the delivery of all YAN CAP 
Water.
(ii) Payment of charges.--Except as 
provided in subparagraph (N), all CAP Fixed 
OM&R charges associated with the delivery of 
YAN CAP Water to the Yavapai-Apache Nation 
shall be paid by--
(I) the Secretary, pursuant to 
section 403(f)(2)(A) of the Colorado 
River Basin Project Act (43 U.S.C. 
1543(f)(2)(A)), subject to the 
condition that funds for that payment 
are available in the Lower Colorado 
River Basin Development Fund; and
(II) if the funds described in 
subclause (I) become unavailable, the 
Yavapai-Apache Nation.
(L) CAP pumping energy charges.--
(i) In general.--The CAP Operating Agency 
shall be paid the CAP Pumping Energy Charge 
associated with the delivery of YAN CAP Water 
only in cases in which the CAP System is used 
for the delivery of that YAN CAP Water.
(ii) Payment of charges.--Any applicable 
CAP Pumping Energy Charge associated with the 
delivery of the YAN CAP Water shall be paid by 
the Yavapai-Apache Nation, except for--
(I) CAP Water not delivered through 
the CAP System, which does not incur a 
CAP Pumping Energy Charge; or
(II) water delivered to other 
persons, as described in subparagraph 
(N).
(M) Waiver of property tax equivalency payments.--
No property tax or in-lieu property tax equivalency 
shall be due or payable by the Yavapai-Apache Nation 
for the delivery of CAP Water or for the storage of CAP 
Water in an underground storage facility or groundwater 
savings facility.
(N) Lessee responsibility for charges.--
(i) In general.--Any lease or option to 
lease providing for the temporary delivery to 
other persons of any YAN CAP Water shall 
require the lessee to pay to the CAP Operating 
Agency the CAP Fixed OM&R Charge and the CAP 
Pumping Energy Charge associated with the 
delivery of the leased YAN CAP Water.
(ii) No responsibility for payment.--
Neither the Yavapai-Apache Nation nor the 
United States in any capacity shall be 
responsible for the payment of any charges 
associated with the delivery of the YAN CAP 
Water leased to other persons.
(O) Advance payment.--No YAN CAP Water shall be 
delivered unless the CAP Fixed OM&R Charge and any 
applicable CAP Pumping Energy Charge associated with 
the delivery of that YAN CAP Water has been paid in 
advance.
(P) Calculation.--The charges for delivery of YAN 
CAP Water pursuant to the Yavapai-Apache Nation Amended 
CAP Water Delivery Contract shall be calculated in 
accordance with the CAP Repayment Stipulation.
(Q) CAP repayment.--For purposes of determining the 
allocation and repayment of costs of any stages of the 
CAP System constructed after November 21, 2007, the 
costs associated with the delivery of YAN CAP Water, 
whether the YAN CAP Water is delivered for use by the 
Yavapai-Apache Nation or in accordance with any 
assignment, exchange, lease, option to lease, or other 
agreement for the temporary disposition of YAN CAP 
Water entered into by the YAN, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation 
of the Central Arizona Water Conservation 
District.
(R) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs 
associated with the construction of the CAP 
System allocable to the Yavapai-Apache Nation--
(I) the costs shall be 
nonreimbursable; and
(II) the Yavapai-Apache Nation 
shall have no repayment obligation for 
the costs.
(ii) Capital charges.--No CAP Water service 
capital charges shall be due or payable for the 
YAN CAP Water, regardless of whether the YAN 
CAP Water is delivered--
(I) for use by the Yavapai-Apache 
Nation; or
(II) under any lease, option to 
lease, exchange, or option to exchange 
entered into by the Yavapai-Apache 
Nation.

SEC. 15. ENFORCEABILITY DATE.

(a) In General.--The Agreement, including the waivers and releases 
of claims described in section 11, shall take effect and be fully 
enforceable on the date on which the Secretary publishes in the Federal 
Register a statement of findings that--
(1) to the extent the Agreement conflicts with this Act--
(A) the Agreement has been revised through an 
amendment to eliminate the conflict; and
(B) the revised Agreement, including any exhibits 
requiring amendment or execution by any party to the 
Agreement, has been executed by all required parties;
(2) the waivers, releases, and retentions of claims 
described in section 11 and in Paragraph 13.0 of the Agreement 
have been executed by--
(A) the Yavapai-Apache Nation;
(B) the United States; and
(C) the other parties to the Agreement;
(3) the full amount described in subsection (a)(1)(A) of 
section 10, as adjusted by subsection (c)(1) of that section, 
has been deposited into the Cragin-Verde Pipeline Account of 
the Tu nl[[nichoh Water Infrastructure Project Fund;
(4) the full amount described in subsection (a)(1)(B) of 
section 10, as adjusted by subsection (c)(1) of that section, 
has been deposited into the YAN Drinking Water System Account 
of the Tu nl[[nichoh Water Infrastructure Project Fund;
(5) the full amounts described in subparagraphs (A), (B), 
(C), (D) and (E) of subsection (a)(2) of section 10, as 
adjusted by subsection (c)(2) of that section, have been 
deposited into the Trust Fund;
(6) the Arizona Department of Water Resources has--
(A) conditionally approved the severance and 
transfer of the right of SRP to the diversion and 
beneficial use of water under Arizona Department of 
Water Rights Certificate of Water Right No. 3696.0002, 
as described in Paragraph 8.0 of the Agreement, in an 
amount not to exceed an average of 3,410.26 AFY, up to 
a maximum of 3,977.92 acre-feet in any given Year, to 
the Nation and the United States in its capacity as 
trustee for the Nation; and
(B) issued a conditional certificate of water right 
to the Nation and the United States in its capacity as 
trustee for the Nation, to become effective on the 
Enforceability Date;
(7) the changes in places of use and points of diversion 
for the surface water rights to the Verde River as described in 
subparagraph 5.4 of the Agreement have been conditionally 
approved, to become effective on the Enforceability Date, 
provided that the YAN, in its sole discretion, may waive this 
condition;
(8) the Gila River Adjudication Court has included the 
water right for instream flow for the Nation and the United 
States as trustee for the Nation, as described in the YAN 
Judgment, which substantially conforms to the attributes 
described in Exhibit 11.1B to the Agreement, provided that the 
Nation, in its sole discretion, may waive this condition;
(9) except as otherwise provided in paragraphs (7) and (8), 
the Gila River Adjudication Court has approved the YAN Judgment 
in substantially the same form attached as Exhibit 13.9 to the 
Agreement, as amended to ensure consistency with this Act;
(10) the Secretary has issued a final record of decision 
approving the construction of the Tu nl[[nichoh Water 
Infrastructure Project as described in section 6;
(11) the Nation and the Town of Clarkdale have executed the 
Water and Sewer Service Agreement described in Exhibit 16.1.2.3 
to the Agreement, provided that, the Nation, in its sole 
discretion, may waive this condition;
(12) the Nation and the Town of Camp Verde have executed 
the Interconnection and Exchange Agreement described in Exhibit 
16.1.2.2 to the Agreement, provided that the Nation, in its 
sole discretion, may waive this condition; and
(13) the tribal council of the Yavapai-Apache Nation has 
adopted a resolution, as described in section 16(a), consenting 
to the limited waiver of sovereign immunity from suit in the 
circumstances described in paragraph (3) of 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 Yavapai-
Apache Nation, the Secretary, and the State--
(A) this Act is repealed, except as described in 
paragraph (2);
(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 10(a) 
that were used under that section against any claims 
asserted by the Yavapai-Apache Nation against the 
United States; and
(D) any amounts appropriated under section 10, 
together with any investment earnings on those amounts, 
less any amounts expended under section 7(e)(2), shall 
revert immediately to the general fund of the Treasury.
(2) Exception.--Notwithstanding paragraph (1)(A), 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 Yavapai-
Apache Nation, the Secretary, and the State, section 13 shall 
remain in effect.

SEC. 16. ADMINISTRATION.

(a) Limited Waiver of Sovereign Immunity by the Yavapai-Apache 
Nation and the United States Acting as Trustee for the Yavapai-Apache 
Nation.--
(1) In general.--The Yavapai-Apache Nation, and the United 
States acting as trustee for the Yavapai-Apache Nation, may be 
joined in any action brought in any circumstance described in 
paragraph (3), and any claim by the Yavapai-Apache Nation and 
the United States to sovereign immunity from any such action is 
waived.
(2) Consent of yavapai-apache nation.--By resolution dated 
June 26, 2024, the Yavapai-Apache 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 Yavapai-Apache Nation 
Code or any other Yavapai-Apache Nation law.
(3) Circumstances described.--A circumstance referred to in 
paragraphs (1) and (2) includes any of the following:
(A) Parties to the agreement.--Any party to the 
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 Agreement and exhibits to 
the Agreement;
(ii) names the Yavapai-Apache Nation, or 
the United States acting as trustee for the 
Yavapai-Apache Nation, as a party in that 
action; and
(iii) does not include any request for 
award against the Yavapai-Apache Nation, or the 
United States acting as trustee for the 
Yavapai-Apache Nation, for monetary damages, 
court costs, or attorney fees, except for 
claims brought by a party pursuant to the YAN-
SRP Water Delivery and Use Agreement and YAN-
SRP Exchange Agreement.
(B) Landowner or water user.--Any landowner or 
water user in 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 13.0 of the 
Agreement;
(II) the Gila River Adjudication 
Decree; or
(III) section 11;
(ii) names the Yavapai-Apache Nation, or 
the United States acting as trustee for the 
Yavapai-Apache Nation, as a party in that 
action; and
(iii) does not include any request for 
award against the Yavapai-Apache Nation, or the 
United States acting as trustee for the 
Yavapai-Apache Nation, for monetary damages, 
court costs, or attorney fees.
(b) 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.
(c) Applicability of Reclamation Reform Act.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision under Federal law shall not 
apply to any individual, entity, or land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of CAP 
water.

SEC. 17. MISCELLANEOUS.

(a) C.C. Cragin Dam and Reservoir.--Section 213(i)(3) of the Gila 
River Indian Community Water Rights Settlement Act of 2004 (Public Law 
108-451; 118 Stat. 3533) is amended--
(1) in subparagraph (B), by striking ``Blue Ridge 
Reservoir'' and inserting ``C.C. Cragin Dam and Reservoir''; 
and
(2) by adding at the end the following:
``(C) Additional availability.--Up to 1,639.74 
acre-feet of water per year may be made available from 
the C.C. Cragin Reservoir for municipal and domestic 
uses in Yavapai County, Arizona, without cost to the 
Salt River Federal Reclamation Project, provided that, 
on or before December 31, 2029, water users in Yavapai 
County have contracted with the Salt River Federal 
Reclamation Project for the use of the water described 
in this subparagraph.''.
(b) Effect of Act.--Nothing in this Act quantifies or otherwise 
affects any water right or claim or entitlement to water of any Indian 
Tribe, band, or community other than the Yavapai-Apache Nation.
(c) Town of Camp Verde and Forest Service.--Pursuant to existing 
authorities, the Forest Service shall work expeditiously with the Town 
of Camp Verde to transfer title to the Town of Camp Verde of up to 40 
acres of Forest Service land located at the intersection of Interstate 
17 and General Crook Trail within the municipal boundaries of the Town 
of Camp Verde for public safety and other municipal purposes.
<all>

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