119-hr2025

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

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2025

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 11, 2025

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

_______________________________________________________________________

 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northeastern 
Arizona Indian Water Rights Settlement Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

Sec. 4. Ratification and execution of the Northeastern Arizona Indian 
 Water Rights Settlement Agreement.

Sec. 5. Water Rights.

Sec. 6. Allocation and assignment of Arizona Colorado River Water to 
 the Tribes; water use; storage; water 
 delivery contracts.

Sec. 7. Colorado River Water leases and exchanges; Uses.

Sec. 8. iina ba - paa tuwaqat'si pipeline.

Sec. 9. iina ba - paa tuwaqat'si pipeline Implementation Fund Account.

Sec. 10. Navajo Nation Water Settlement Trust Fund.

Sec. 11. Hopi Tribe Water Settlement Trust Fund.

Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.

Sec. 13. Funding.

Sec. 14. Waivers, releases, and retention of claims.

Sec. 15. Satisfaction of Water Rights and other benefits.

Sec. 16. Enforceability Date.

Sec. 17. Colorado River accounting.

Sec. 18. Limited waiver of sovereign immunity.

Sec. 19. Ratification of the Treaty and creation of the San Juan 
 Southern Paiute Reservation.

Sec. 20. Authorization for use of Navajo-Gallup Water Supply Project 
 facilities.

Sec. 21. Antideficiency; savings provisions; effect.

SEC. 2. PURPOSES.

 The purposes of this Act are--

    (1) to achieve a fair, equitable, and final settlement of 
 all claims to rights to water in the State for--
        (A) the Navajo Nation and Navajo Allottees;
        (B) the Hopi Tribe and Hopi Allottees;
            (C) the San Juan Southern Paiute Tribe; and
            (D) the United States, acting as trustee for the 
 Navajo Nation, the Hopi Tribe, the San Juan Southern 
 Paiute Tribe, Navajo Allottees, and Hopi Allottees;

    (2) to authorize, ratify, and confirm the Northeastern 
 Arizona Indian Water Rights Settlement Agreement entered into 
 by the Navajo Nation, the Hopi Tribe, the San Juan Southern 
 Paiute Tribe, the State, and other Parties to the extent that 
 the Settlement Agreement is consistent with this Act;

    (3) to authorize and direct the Secretary to execute and 
 perform the duties and obligations of the Secretary under the 
 Settlement Agreement and this Act; and

    (4) to authorize and appropriate funds necessary for the 
 implementation of the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) 1882 reservation.--The term ``1882 Reservation'' 
 means--
        (A) land within the exterior boundaries of the 
 ``Hopi Indian Reservation'' defined as District 6 in 
 Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 
 1962), aff'd, 373 U.S. 758

    (1963) , and Masayesva for 
 and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 
 1371, 1375-76 (9th Cir. 1997); and
        (B) all land withdrawn by the Executive order of 
 December 16, 1882, and partitioned to the Hopi Tribe in 
 accordance with 

section 4 of the Act of December 22, 
 1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of 
 Partition, February 10, 1977, Sekaquaptewa v. 
 MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 
 626 F.2d 113 (9th Cir. 1980).

    (2) AFY.--The term ``AFY'' means acre-feet per year.

    (3) Arizona colorado river water.--
        (A) In general.--The term ``Arizona Colorado River 
 Water'' means the waters of the Colorado River 
 apportioned for Use within the State by--
            (i) sections 4 and 5 of the Boulder Canyon 
 Project Act (43 U.S.C. 617c, 617d);
            (ii) the Upper Colorado River Basin Compact 
 of 1948;
            (iii) the contract for delivery of water 
 between the United States and the State, dated 
 February 9, 1944; and
            (iv) the Decree.
        (B) Limitations.--The term ``Arizona Colorado River 
 Water''--
            (i) shall only be used for purposes of 
 interpreting the Settlement Agreement and this 
 Act; and
            (ii) shall not be used for any 
 interpretation of existing law or contract, 
 including any law or contract described in 
 clauses
            (i) through
            (iv) of subparagraph
        (A) .

    (4) Arizona department of water resources.--The term 
 ``Arizona Department of Water Resources'' means the agency of 
 the State established pursuant to 

section 45-102 of the Arizona 
 Revised Statutes, or a successor agency or entity.

    (5) Arizona lower basin colorado river water.--The term 
 ``Arizona Lower Basin Colorado River Water'' means the 
 2,800,000 AFY of consumptive use of Colorado River Water 
 apportioned to the State in article II
        (B) (1) of the Decree.

    (6) Arizona upper basin colorado river water.--The term 
 ``Arizona Upper Basin Colorado River Water'' means the 50,000 
 AFY of consumptive use of Colorado River Water apportioned to 
 the State in the Upper Colorado River Basin Compact of 1948.

    (7) Bureau.--The term ``Bureau'' means the Bureau of 
 Reclamation.

    (8) CAP; central arizona project.--The terms ``CAP'' and 
 ``Central Arizona Project'' mean the Federal reclamation 
 project authorized and constructed by the United States in 
 accordance with title III of the Colorado River Basin Project 
 Act (43 U.S.C. 1521 et seq.).

    (9) CAP repayment contract.--The term ``CAP Repayment 
 Contract'' means--
        (A) the contract dated December 1, 1988 (Contract 
 No. 14-06-W-245, Amendment No. 1), between the United 
 States and the Central Arizona Water Conservation 
 District for the delivery of water and the repayment of 
 costs of the Central Arizona Project; and
        (B) any amendment to, or revision of, that 
 contract.

    (10) CAWCD; central arizona water conservation district.--
 The terms ``CAWCD'' and ``Central Arizona Water Conservation 
 District'' mean the political subdivision of the State that is 
 the contractor under the CAP Repayment Contract.

    (11) Cibola water.--The term ``Cibola Water'' means the 
 entitlement of the Hopi Tribe to the diversion of up to 4,278 
 AFY of the Fourth Priority Water described in the Hopi Tribe 
 Existing Cibola Contract.

    (12) Colorado river compact.--The term ``Colorado River 
 Compact'' means the Colorado River Compact of 1922, as ratified 
 and reprinted in article 2 of chapter 7 of title 45, Arizona 
 Revised Statutes.

    (13) Colorado river system.--The term ``Colorado River 
 System'' has the meaning given the term in article II

    (a) of the 
 Colorado River Compact.

    (14) Decree.--The term ``Decree'', when used without a 
 modifier, means--
        (A) the decree of the Supreme Court of the United 
 States in Arizona v. California, 376 U.S. 340

    (1964) or 
 the consolidated decree entered on March 27, 2006, in 
 Arizona v. California, 547 U.S. 150

    (2006) ; and
        (B) any modification to a decree described in 
 subparagraph
        (A) .

    (15) Diversion.--The term ``diversion'' means an act to 
 divert.

    (16) Divert.--The term ``divert'' means to receive, 
 withdraw, develop, produce, or capture water using--
        (A) a ditch, canal, flume, bypass, pipeline, pit, 
 collection or infiltration gallery, conduit, well, 
 pump, turnout, dam, or any other mechanical device; or
        (B) any other human act to capture water.

    (17) Effective date.--The term ``Effective Date'' means the 
 date as of which the Settlement Agreement has been executed by 
 not fewer than 30 of the Parties, including--
        (A) the Navajo Nation;
        (B) the Hopi Tribe;
            (C) the San Juan Southern Paiute Tribe;
            (D) the State;
        (E) the Arizona State Land Department;
        (F) the Central Arizona Water Conservation 
 District;
        (G) the Salt River Project Agricultural Improvement 
 and Power District; and
        (H) the Salt River Valley Water Users' Association.

    (18) Effluent.--The term ``Effluent'' means water that--
        (A) has been used in the State for domestic, 
 municipal, or industrial purposes, other than solely 
 for hydropower generation; and
        (B) is available for reuse for any purpose, 
 regardless of whether the water has been treated to 
 improve the quality of the water.

    (19) Enforceability date.--The term ``Enforceability Date'' 
 means the date described in 

section 16

    (a) .

    (20) Fifth priority water.--The term ``Fifth Priority 
 Water'' has the meaning given the term in the Hopi Tribe 
 Existing Cibola Contract.

    (21) Fourth priority water.--The term ``Fourth Priority 
 Water'' means Colorado River Water available for delivery 
 within the State for satisfaction of entitlements--
        (A) in accordance with contracts, Secretarial 
 reservations, perfected rights, and other arrangements 
 between the United States and water users in the State 
 entered into or established after September 30, 1968, 
 for Use on Federal, State, or privately-owned land in 
 the State, in a total quantity not greater than 164,652 
 AFY of diversions; and
        (B) after first providing for the delivery of 
 Colorado River Water for the CAP System, including for 
 Use on Indian land, under 

section 304

    (e) of the 
 Colorado River Basin Project Act (43 U.S.C. 1524

    (e) ), 
 in accordance with the CAP Repayment Contract.

    (22) Gila river adjudication.--The term ``Gila River 
 Adjudication'' means the action pending in the Superior Court 
 of the State, in and for the County of Maricopa, In re the 
 General Adjudication of All Rights To Use Water in The Gila 
 River System and Source, W-1

    (Salt) , W-2

    (Verde) , W-3 (Upper 
 Gila), W-4 (San Pedro)

    (Consolidated) .

    (23) Gila river adjudication court.--The term ``Gila River 
 Adjudication Court'' means the Superior Court of the State, in 
 and for the County of Maricopa, exercising jurisdiction over 
 the Gila River Adjudication.

    (24) Gila river adjudication decree.--The term ``Gila River 
 Adjudication Decree'' means the judgment or decree entered by 
 the Gila River Adjudication Court in substantially the same 
 form as the form of judgment attached as Exhibit 3.1.47 to the 
 Settlement Agreement.

    (25) Groundwater.--The term ``Groundwater'' means all water 
 beneath the surface of the earth within the State that is not--
        (A) Surface Water;
        (B) Colorado River Water; or
            (C) Effluent.

    (26) Hopi allotment.--The term ``Hopi Allotment'' means any 
 of the 11 parcels allotted pursuant to 

section 4 of the Act of 
 February 8, 1887 (commonly known as the ``Indian General 
 Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
 that are--
        (A) located within the exterior boundaries of the 
 Hopi Reservation; and
        (B) held in trust by the United States for 1 or 
 more individual Indians under allotment record numbers 
 AR-39, AR-40, AR-41, AR-42, AR-43, AR-44, AR-45, AR-46, 
 AR-47, AR-48, and AR-49.

    (27) Hopi allottee.--The term ``Hopi Allottee'' means--
        (A) an individual Indian holding a beneficial 
 interest in a Hopi Allotment; or
        (B) an Indian Tribe holding an undivided fractional 
 beneficial interest in a Hopi Allotment.

    (28) Hopi fee land.--The term ``Hopi Fee Land'' means land, 
 other than Hopi Trust Land, that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the Hopi Reservation; and
            (C) as of the Enforceability Date, is owned by the 
 Hopi Tribe in its own name or through an entity wholly 
 owned or controlled by the Hopi Tribe.

    (29) Hopi land.--The term ``Hopi Land'' means--
        (A) the Hopi Reservation;
        (B) Hopi Trust Land; and
            (C) Hopi Fee Land.

    (30) Hopi reservation.--
        (A) In general.--The term ``Hopi Reservation'' 
 means--
            (i) land within the exterior boundaries of 
 the ``Hopi Indian Reservation'' defined as 
 District 6 in Healing v. Jones, 210 F. Supp. 
 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758

    (1963) , and Masayesva for and on Behalf of Hopi 
 Indian Tribe v. Hale, 118 F.3d 1371, 1375-76 
 (9th Cir. 1997);
            (ii) land withdrawn by the Executive Order 
 of December 16, 1882, and partitioned to the 
 Hopi Tribe in accordance with the Act of 
 December 22, 1974 (Public Law 93-531; 88 Stat. 
 1713), by Judgment of Partition, February 10, 
 1977, Sekaquaptewa v. MacDonald, Case No. CIV-
 579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113 
 (9th Cir. 1980); and
            (iii) land recognized as part of the Hopi 
 Reservation in Honyoama v. Shirley, Jr., Case 
 No. CIV 74-842-PHX-EHC (D. Ariz. 2006).
        (B) Map.--Subject to subparagraph
            (C) , the 
 descriptions of the Hopi Reservation in clauses
            (i) through
            (iii) of subparagraph
        (A) are generally shown 
 on the map attached as Exhibit 3.1.56 to the Settlement 
 Agreement.
            (C) Conflict.--In the case of a conflict between 
 the definition in subparagraph
        (A) and Exhibit 3.1.56 
 of the Settlement Agreement, the definition in that 
 subparagraph shall control.

    (31) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi 
 Tribe, a tribe of Hopi Indians--
        (A) organized under 

section 16 of the Act of June 
 18, 1934 (commonly known as the ``Indian Reorganization 
 Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
        (B) recognized by the Secretary in the notice of 
 the Secretary entitled ``Indian Entities Recognized by 
 and Eligible To Receive Services From the United States 
 Bureau of Indian Affairs'' (89 Fed. Reg. 944 (January 
 8, 2024)).

    (32) Hopi tribe agricultural conservation trust fund 
 account.--The term ``Hopi Tribe Agricultural Conservation Trust 
 Fund Account'' means the account--
        (A) established under to 

section 11

    (b)

    (3) ; and
        (B) described in subparagraph 12.3.3 of the 
 Settlement Agreement.

    (33) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola 
 Water'' means the Fourth Priority Water, Fifth Priority Water, 
 and Sixth Priority Water to which the Hopi Tribe is entitled 
 pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement 
 Agreement.

    (34) Hopi tribe existing cibola contract.--The term ``Hopi 
 Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
 W0432 between the United States and the Hopi Tribe, as amended 
 and in full force and effect as of the Effective Date.

    (35) Hopi tribe groundwater projects.--The term ``Hopi 
 Tribe Groundwater Projects'' means the projects described in--
        (A) section 11

    (f)

    (1) ; and
        (B) subparagraph 12.3.1 of the Settlement 
 Agreement.

    (36) Hopi tribe groundwater projects trust fund account.--
 The term ``Hopi Tribe Groundwater Projects Trust Fund Account'' 
 means the account--
        (A) established under 

section 11

    (b)

    (1) ; and
        (B) described in subparagraph 12.3.1 of the 
 Settlement Agreement.

    (37) Hopi tribe lower basin colorado river water 
 acquisition trust fund account.--The term ``Hopi Tribe Lower 
 Basin Colorado River Water Acquisition Trust Fund Account'' 
 means the account--
        (A) established under 

section 11

    (b)

    (4) ; and
        (B) described in subparagraph 12.3.4 of the 
 Settlement Agreement.

    (38) Hopi tribe om&r trust fund account.--The term ``Hopi 
 Tribe OM&R Trust Fund Account'' means the account--
        (A) established under 

section 11

    (b)

    (2) ; and
        (B) described in subparagraph 12.3.2 of the 
 Settlement Agreement.

    (39) Hopi tribe upper basin colorado river water.--The term 
 ``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300 
 AFY of Arizona Upper Basin Colorado River Water allocated to 
 the Hopi Tribe--
        (A) pursuant to 

section 6

    (a)

    (2) ; and
        (B) as provided in subparagraphs 5.7 and 11.1.1 of 
 the Settlement Agreement.

    (40) Hopi tribe water delivery contract.--The term ``Hopi 
 Tribe Water Delivery Contract'' means 1 or more contracts 
 entered into by Secretary and the Hopi Tribe in accordance with 
 

section 6 and pursuant to paragraph 11 of the Settlement 
 Agreement for the delivery of Hopi Tribe Upper Basin Colorado 
 River Water or Hopi Tribe Cibola Water.

    (41) Hopi trust land.--The term ``Hopi Trust Land'' means 
 land that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the Hopi Reservation; and
            (C) as of the Enforceability Date, is held in trust 
 by the United States for the Hopi Tribe.

    (42) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba 
 - paa tuwaqat'si pipeline'' means the water project described 
 in--
        (A) section 8; and
        (B) subparagraph 12.1 of the Settlement Agreement.

    (43) Iina ba - paa tuwaqat'si pipeline implementation fund 
 account.--The term ``iina ba - paa tuwaqat'si pipeline 
 Implementation Fund Account'' means the account--
        (A) established under 

section 9

    (a) ; and
        (B) described in subparagraph 12.1.1 of the 
 Settlement Agreement.

    (44) Impoundment.--The term ``impoundment'' means a human-
 made structure used to store water.

    (45) Injury to water.--The term ``Injury to Water'' means 
 injury to Water based on changes in or degradation of the 
 salinity or concentration of naturally occurring chemical 
 constituents contained in Water due to a diversion or Use of 
 Water that is not--
        (A) inconsistent with the Settlement Agreement as 
 revised pursuant to 

section 16

    (a)

    (1) ;
        (B) inconsistent with this Act; and
            (C) in violation of State law.

    (46) Injury to water rights.--
        (A) In general.--The term ``Injury to Water 
 Rights'' means an interference with, diminution of, or 
 deprivation of Water Rights under Federal, State, or 
 other law.
        (B) Exclusion.--The term ``Injury to Water Rights'' 
 does not include any injury to water quality.

    (47) Irrigation.--The term ``irrigation'' means the Use of 
 water on 2 or more acres of land to produce plants or parts of 
 plants--
        (A) for sale or human consumption; or
        (B) as feed for livestock, range livestock, or 
 poultry.

    (48) LCR.--The term ``LCR'' means the Little Colorado 
 River.

    (49) LCR adjudication.--The term ``LCR Adjudication'' means 
 the action pending in the Superior Court of the State, in and 
 for the County of Apache, In re: the General Adjudication of 
 All Rights to Use Water in the Little Colorado River System and 
 Source, CIV No. 6417.

    (50) LCR adjudication court.--The term ``LCR Adjudication 
 Court'' means the Superior Court of the State, in and for the 
 County of Apache, exercising jurisdiction over the LCR 
 Adjudication.

    (51) LCR decree.--The term ``LCR Decree'' means the 
 judgment or decree entered by the LCR Adjudication Court in 
 substantially the same form as the form of judgment attached as 
 Exhibit 3.1.82 to the Settlement Agreement.

    (52) LCR watershed.--The term ``LCR Watershed'' means land 
 located within the Surface Water drainage of the LCR and its 
 tributaries in the State, as shown on the map attached as 
 Exhibit 3.1.83 to the Settlement Agreement.

    (53) Lease period.--The term ``Lease Period'' means the 
 period of time during which the Navajo Nation and the Hopi 
 Tribe are authorized to execute leases of Arizona Colorado 
 River Water allocated to the Navajo Nation and the Hopi Tribe 
 under this Act, which shall be determined pursuant to 
 subparagraphs
            (C) and
            (D) of 

section 7

    (b)

    (2) .

    (54) Lower basin.--The term ``Lower Basin'' has the meaning 
 given the term in article II

    (g) of the Colorado River Compact.

    (55) Member.--The term ``Member'' means any person duly 
 enrolled as a member of the Navajo Nation, the Hopi Tribe, or 
 the San Juan Southern Paiute Tribe.

    (56) NAIWRSA system conservation program.--The term 
 ``NAIWRSA System Conservation Program'' means the 20-year 
 program to store 17,050 AFY of System Conservation Eligible 
 Water in Lake Powell by the Navajo Nation and the Hopi Tribe, 
 as described in 

section 6
            (c) (4)
            (C) .

    (57) Navajo allotment.--The term ``Navajo Allotment'' means 
 a parcel of land patented pursuant to 

section 1 of the Act of 
 February 8, 1887 (commonly known as the ``Indian General 
 Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as 
 in effect on the day before the date of enactment of the Indian 
 Land Consolidation Act Amendments of 2000 (Public Law 106-462; 
 114 Stat. 1991))--
        (A) originally allotted to an individual identified 
 in the allotting document as a Navajo Indian;
        (B) located within the exterior boundaries of the 
 Navajo Reservation; and
            (C) held in trust by the United States for the 
 benefit of 1 or more individual Indians.

    (58) Navajo allottee.--The term ``Navajo Allottee'' means--
        (A) an individual Indian holding a beneficial 
 interest in a Navajo Allotment; or
        (B) an Indian Tribe holding an undivided fractional 
 beneficial interest in a Navajo Allotment.

    (59) Navajo fee land.--The term ``Navajo Fee Land'' means 
 land, other than Navajo Trust Land, that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the Navajo Reservation; and
            (C) as of the Enforceability Date, is owned by the 
 Navajo Nation, whether in its own name or through an 
 entity wholly owned or controlled by the Navajo Nation.

    (60) Navajo-gallup water supply project; project.--The 
 terms ``Navajo-Gallup Water Supply Project'' and ``Project'' 
 mean the project authorized, constructed, and operated pursuant 
 to part III of the Northwestern New Mexico Rural Water Projects 
 Act (Public Law 111-11; 123 Stat. 1379).

    (61) Navajo land.--The term ``Navajo Land'' means--
        (A) the Navajo Reservation;
        (B) Navajo Trust Land; and
            (C) Navajo Fee Land.

    (62) Navajo nation.--
        (A) In general.--The term ``Navajo Nation'' means 
 the Navajo Nation, a body politic and federally 
 recognized Indian nation recognized by the Secretary in 
 the notice of the Secretary entitled ``Indian Entities 
 Recognized by and Eligible To Receive Services From the 
 United States Bureau of Indian Affairs'' (89 Fed. Reg. 
 944 (January 8, 2024)), and also known variously as the 
 ``Navajo Tribe'', the ``Navajo Tribe of Arizona, New 
 Mexico & Utah'', the ``Navajo Tribe of Indians'', and 
 other similar names.
        (B) Inclusions.--The term ``Navajo Nation'' 
 includes all bands of Navajo Indians and chapters of 
 the Navajo Nation.

    (63) Navajo nation agricultural conservation trust fund 
 account.--The term ``Navajo Nation Agricultural Conservation 
 Trust Fund Account'' means the account--
        (A) established under 

section 10

    (b)

    (3) ; and
        (B) described in subparagraph 12.2.4 of the 
 Settlement Agreement.

    (64) Navajo nation cibola water.--The term ``Navajo Nation 
 Cibola Water'' means the entitlement of the Navajo Nation to 
 the diversion of up to 100 AFY of Fourth Priority Water at the 
 same location and for the same Uses described in the Hopi Tribe 
 Existing Cibola Contract or the delivery and consumptive use of 
 up to 71.5 AFY of Fourth Priority Water at locations and for 
 Uses within the State other than as described in the Hopi Tribe 
 Existing Cibola Contract, which shall have been assigned and 
 transferred by the Hopi Tribe from its Cibola Water under the 
 Hopi Tribe Existing Cibola Contract to the Navajo Nation.

    (65) Navajo nation fourth priority water.--The term 
 ``Navajo Nation Fourth Priority Water'' means the diversion 
 right to 3,500 AFY of Fourth Priority Water reserved for Use in 
 a Navajo-Hopi Indian water rights settlement under paragraph 
 11.3 of the Arizona Water Settlement Agreement among the United 
 States, the State, and the Central Arizona Water Conservation 
 District--
        (A) as authorized by paragraphs

    (1) and

    (2) of 
 

section 106

    (a) of the Central Arizona Project 
 Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
 3492);
        (B) as allocated to the Navajo Nation pursuant to 
 

section 6; and
            (C) as described in subparagraphs 4.9 and 10.1 of 
 the Settlement Agreement.

    (66) Navajo nation lower basin colorado river water 
 acquisition trust fund account.--The term ``Navajo Nation Lower 
 Basin Colorado River Water Acquisition Trust Fund Account'' 
 means the account--
        (A) established under 

section 10

    (b)

    (5) ; and
        (B) described in subparagraph 12.2.5 of the 
 Settlement Agreement.

    (67) Navajo nation om&r trust fund account.--The term 
 ``Navajo Nation OM&R Trust Fund Account'' means the account--
        (A) established under 

section 10

    (b)

    (2) ; and
        (B) described in subparagraph 12.2.2 of the 
 Settlement Agreement.

    (68) Navajo nation renewable energy trust fund account.--
 The term ``Navajo Nation Renewable Energy Trust Fund Account'' 
 means the account--
        (A) established under 

section 10

    (b)

    (4) ; and
        (B) described in subparagraph 12.2.3 of the 
 Settlement Agreement.

    (69) Navajo nation upper basin colorado river water.--The 
 term ``Navajo Nation Upper Basin Colorado River Water'' means 
 the 44,700 AFY of Arizona Upper Basin Colorado River Water--
        (A) allocated to the Navajo Nation pursuant to 
 

section 6

    (a)

    (1) ; and
        (B) described in subparagraphs 4.7 and 10.1 of the 
 Settlement Agreement.

    (70) Navajo nation water delivery contract.--The term 
 ``Navajo Nation Water Delivery Contract'' means 1 or more 
 contracts entered into by the Secretary and the Navajo Nation 
 in accordance with 

section 6 and pursuant to paragraph 10 of 
 the Settlement Agreement for the delivery of Navajo Nation 
 Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
 or Navajo Nation Fourth Priority Water.

    (71) Navajo nation water projects.--The term ``Navajo 
 Nation Water Projects'' means the projects described in--
        (A) section 10

    (f)

    (1) ; and
        (B) subparagraph 12.2.1 of the Settlement 
 Agreement.

    (72) Navajo nation water projects trust fund account.--The 
 term ``Navajo Nation Water Projects Trust Fund Account'' means 
 the account--
        (A) established under 

section 10

    (b)

    (1) ; and
        (B) described in subparagraph 12.2.1 of the 
 Settlement Agreement.

    (73) Navajo reservation.--
        (A) In general.--The term ``Navajo Reservation'' 
 means--
            (i) land within the exterior boundaries of 
 the ``Navajo Indian Reservation'' in the State, 
 as defined by the Act of June 14, 1934 (48 
 Stat. 960, chapter 521);
            (ii) land withdrawn by the Executive Order 
 of December 16, 1882, and partitioned to the 
 Navajo Nation in accordance with 

section 8

    (b) of the Act of December 22, 1974 (Public Law 93-
 531; 88 Stat. 1715), by Judgment of Partition, 
 February 10, 1977, Sekaquaptewa v. MacDonald, 
 Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 626 
 F.2d 113 (9th Cir. 1980);
            (iii) land taken into trust as a part of 
 the Navajo Reservation before the Effective 
 Date pursuant to the Act of December 22, 1974 
 (Public Law 93-531; 88 Stat. 1712), a copy of 
 which is attached as Exhibit 3.1.112B to the 
 Settlement Agreement; and
            (iv) any land taken into trust as part of 
 the Navajo Reservation after the Effective Date 
 pursuant to the Act of December 22, 1974 
 (Public Law 93-531; 88 Stat. 1712), except as 
 provided in subparagraphs 3.1.12, 3.1.13, 
 3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1 
 of the Settlement Agreement.
        (B) Exclusions.--The term ``Navajo Reservation'' 
 does not include land within the Hopi Reservation or 
 the San Juan Southern Paiute Reservation.
            (C) Map.--Subject to subparagraph
            (D) , the 
 descriptions of the Navajo Reservation in clauses
            (i) through
            (iv) of subparagraph
        (A) are generally shown on 
 the map attached as Exhibit 3.1.112A to the Settlement 
 Agreement.
            (D) Conflict.--In the case of a conflict between 
 the definition in subparagraphs
        (A) and
        (B) and Exhibit 
 3.1.112A of the Settlement Agreement, the definition in 
 those subparagraphs shall control.

    (74) Navajo tribal utility authority.--The term ``Navajo 
 Tribal Utility Authority'' means the enterprise established by 
 the Navajo Nation pursuant to chapter 1, 

section 21 of the 
 Navajo Nation Code, or a successor agency or entity.

    (75) Navajo trust land.--The term ``Navajo Trust Land'' 
 means land that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the Navajo Reservation; and
            (C) as of the Enforceability Date, is held in trust 
 by the United States for the Navajo Nation.

    (76) Navajo-utah water rights settlement.--The term 
 ``Navajo-Utah Water Rights Settlement'' means the Navajo Utah 
 Water Rights Settlement Agreement approved, ratified, and 
 confirmed pursuant to 

section 1102 of title XI of division FF 
 of Public Law 116-260 (134 Stat. 3224).

    (77) Off-reservation.--The term ``Off-Reservation'' means 
 land located in the State outside the exterior boundaries of--
        (A) the Navajo Reservation;
        (B) the Hopi Reservation; and
            (C) the San Juan Southern Paiute Reservation.

    (78) OM&R.--The term ``OM&R'' means operation, maintenance, 
 and replacement.

    (79) Party.--The term ``Party'' mean a Person that is a 
 signatory to the Settlement Agreement.

    (80) Person.--
        (A) In general.--The term ``Person'' means--
            (i) an individual;
            (ii) a public or private corporation;
            (iii) a company;
            (iv) a partnership;
            (v) a joint venture;
            (vi) a firm;
            (vii) an association;
            (viii) a society;
            (ix) an estate or trust;
            (x) any other private organization or 
 enterprise;
            (xi) the United States;
            (xii) an Indian Tribe;
            (xiii) a State, territory, or country;
            (xiv) a governmental entity; and
            (xv) any political subdivision or municipal 
 corporation organized under or subject to the 
 constitution and laws of the State.
        (B) Inclusions.--The term ``Person'' includes the 
 officers, directors, agents, insurers, representatives, 
 employees, attorneys, assigns, subsidiaries, 
 affiliates, enterprises, legal representatives, 
 predecessors, and successors in interest and their 
 heirs, of any entity or individual described in 
 subparagraph
        (A) .

    (81) Public domain allotment outside the navajo 
 reservation.--The term ``Public Domain Allotment outside the 
 Navajo Reservation'' means any of the 51 parcels of land 
 allotted to individual Indians from the public domain pursuant 
 to 

section 4 of the Act of February 8, 1887 (commonly known as 
 the ``Indian General Allotment Act'') (24 Stat. 389, chapter 
 119; 25 U.S.C. 334) that is--
        (A) held in trust by the United States for the 
 benefit of 1 or more individual Indians or Indian 
 Tribes; and
        (B) located outside the exterior boundaries of the 
 Navajo Reservation and the Hopi Reservation, as 
 depicted on the map attached as Exhibit 3.1.132A to the 
 Settlement Agreement.

    (82) Public domain allotment within the navajo 
 reservation.--The term ``Public Domain Allotment within the 
 Navajo Reservation'' means any land allotted to individual 
 Indians from the public domain that is--
        (A) held in trust by the United States for the 
 benefit of 1 or more individual Indians or Indian 
 Tribes;
        (B) located within the exterior boundaries of the 
 Navajo Reservation; and
            (C) described in Exhibit 3.1.131 to the Settlement 
 Agreement.

    (83) Public domain allottee.--The term ``Public Domain 
 Allottee'' means an individual Indian or Indian Tribe holding a 
 beneficial interest in--
        (A) a Public Domain Allotment outside the Navajo 
 Reservation; or
        (B) a Public Domain Allotment within the Navajo 
 Reservation.

    (84) San juan southern paiute fee land.--The term ``San 
 Juan Southern Paiute Fee Land'' means land, other than San Juan 
 Southern Paiute Trust Land, that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the San Juan Southern Paiute Reservation; and
            (C) as of the Enforceability Date, is owned by the 
 San Juan Southern Paiute Tribe, whether in its own name 
 or through an entity wholly owned or controlled by the 
 San Juan Southern Paiute Tribe.

    (85) San juan southern paiute groundwater projects.--The 
 term ``San Juan Southern Paiute Groundwater Projects'' means 
 the projects described in--
        (A) section 12

    (f)

    (1) ; and
        (B) subparagraph 12.4.1 of the Settlement 
 Agreement.

    (86) San juan southern paiute land.--The term ``San Juan 
 Southern Paiute Land'' means--
        (A) the San Juan Southern Paiute Southern Area;
        (B) San Juan Southern Paiute Trust Land; and
            (C) San Juan Southern Paiute Fee Land.

    (87) San juan southern paiute northern area.--The term 
 ``San Juan Southern Paiute Northern Area'' means the land--
        (A) located in the State of Utah; and
        (B) depicted on the map attached as Exhibit 3.1.146 
 to the Settlement Agreement.

    (88) San juan southern paiute reservation.--The term ``San 
 Juan Southern Paiute Reservation'' means the approximately 
 5,400 acres of land--
        (A) located in the State and the State of Utah; and
        (B) consisting of the San Juan Southern Paiute 
 Northern Area and the San Juan Southern Paiute Southern 
 Area, as depicted in the maps attached as Exhibits 
 3.1.146 and 3.1.147 to the Settlement Agreement.

    (89) San juan southern paiute tribe agricultural 
 conservation trust fund account.--The term ``San Juan Southern 
 Paiute Tribe Agricultural Conservation Trust Fund Account'' 
 means the account--
        (A) established under 

section 12

    (b)

    (2) ; and
        (B) described in subparagraph 12.4.3 of the 
 Settlement Agreement.

    (90) San juan southern paiute tribe groundwater projects 
 trust fund account.--The term ``San Juan Southern Paiute Tribe 
 Groundwater Projects Trust Fund Account'' means the account--
        (A) established under 

section 12

    (b)

    (1) ; and
        (B) described in subparagraph 12.4.1 of the 
 Settlement Agreement.

    (91) San juan southern paiute tribe om&r trust fund 
 account.--The term ``San Juan Southern Paiute Tribe OM&R Trust 
 Fund Account'' means the account--
        (A) established under 

section 12

    (b)

    (3) ; and
        (B) described in subparagraph 12.4.2 of the 
 Settlement Agreement.

    (92) San juan southern paiute southern area.--The term 
 ``San Juan Southern Paiute Southern Area'' means the land 
 located in the State and depicted on the map attached as 
 Exhibit 3.1.147 to the Settlement Agreement.

    (93) San juan southern paiute tribe.--The term ``San Juan 
 Southern Paiute Tribe'' means the San Juan Southern Paiute 
 Tribe, a body politic and federally recognized Indian Tribe, as 
 recognized by the Secretary in the notice of the Secretary 
 entitled ``Indian Entities Recognized by and Eligible To 
 Receive Services From the United States Bureau of Indian 
 Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).

    (94) San juan southern paiute trust land.--The term ``San 
 Juan Southern Paiute Trust Land'' means land that--
        (A) is located in the State;
        (B) is located outside the exterior boundaries of 
 the San Juan Southern Paiute Reservation; and
            (C) as of the Enforceability Date, is held in trust 
 by the United States for the San Juan Southern Paiute 
 Tribe.

    (95) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (96) Settlement agreement.--The term ``Settlement 
 Agreement'' means--
        (A) the Northeastern Arizona Indian Water Rights 
 Settlement Agreement dated as of May 9, 2024; and
        (B) any exhibits attached to that agreement.

    (97) Sixth priority water.--The term ``Sixth Priority 
 Water'' has the meaning given the term in the Hopi Tribe 
 Existing Cibola Contract.

    (98) State.--The term ``State'' means the State of Arizona.

    (99) Surface water.--
        (A) In general.--The term ``Surface Water'' means 
 all water in the State that is appropriable under State 
 law.
        (B) Exclusion.--The term ``Surface Water'' does not 
 include Colorado River Water.

    (100) System conservation.--The term ``System 
 Conservation'' means a voluntary reduction of consumptive use 
 of Arizona Colorado River Water that can be estimated or 
 measured, including municipal and industrial conservation 
 efforts and the fallowing of agricultural land, to create 
 conserved water to benefit the Colorado River System.

    (101) System conservation eligible water.--
        (A) In general.--The term ``System Conservation 
 Eligible Water'' means 34,100 AFY of Navajo Nation 
 Upper Basin Colorado River Water and Hopi Tribe Upper 
 Basin Colorado River Water, allocated between the 
 Navajo Nation and the Hopi Tribe consistent with 
 

section 6
            (c) (4)
            (C) and subclauses
            (I) and
            (II) of 
 

section 7

    (b)

    (2)
            (D) 
            (ii) .
        (B) Period of time.--For purposes of this Act, the 
 System Conservation Eligible Water is--
            (i) deemed to have been consumptively used 
 for a period of 50 years based on the 34,100 
 AFY of Arizona Upper Basin Colorado River Water 
 that was previously contracted for consumptive 
 use by the Navajo Generating Station; and
            (ii) a portion of the allocations of 
 Arizona Upper Basin Colorado River Water to the 
 Navajo Nation and the Hopi Tribe described in 
 paragraphs

    (1)
        (A)
            (ii) and

    (2)
        (A)
            (ii) of 

section 6

    (a) .
            (C) Eligibility.--For purposes of this Act, the 
 System Conservation Eligible Water is eligible for the 
 NAIWRSA System Conservation Program.

    (102) Treaty.--The term ``Treaty'' means the Articles of 
 Treaty and Agreement entered into by the Navajo Nation and the 
 San Juan Southern Paiute Tribe to settle land claims and other 
 disputes, as executed on March 18, 2000.

    (103) Treaty addendum.--The term ``Treaty Addendum'' means 
 the Addendum to the Treaty entered into by the Navajo Nation 
 and the San Juan Southern Paiute Tribe on May 7, 2004.

    (104) Tribe.--The term ``Tribe'' means, individually, as 
 applicable--
        (A) the Navajo Nation;
        (B) the Hopi Tribe; or
            (C) the San Juan Southern Paiute Tribe.

    (105) Tribes.--The term ``Tribes'' means, collectively--
        (A) the Navajo Nation;
        (B) the Hopi Tribe; and
            (C) the San Juan Southern Paiute Tribe.

    (106) Underground water.--
        (A) In general.--The term ``Underground Water'' 
 means all water beneath the surface of the earth within 
 the State, regardless of its legal characterization as 
 appropriable or non-appropriable under Federal, State, 
 or other law.
        (B) Exclusions.--The term ``Underground Water'' 
 does not include Colorado River Water or Effluent.

    (107) United states.--
        (A) In general.--The term ``United States'' means 
 the United States, acting as trustee for the Tribes, 
 their Members, the Hopi Allottees, and the Navajo 
 Allottees, except as otherwise expressly provided.
        (B) Clarification.--When used in reference to a 
 particular agreement or contract, the term ``United 
 States'' means the United States acting in the capacity 
 as described in that agreement or contract.

    (108) Upper basin.--The term ``Upper Basin'' has the 
 meaning given the term in article II

    (f) of the Colorado River 
 Compact.

    (109) Upper basin colorado river water.--The term ``Upper 
 Basin Colorado River Water'' means the waters of the Upper 
 Basin.

    (110) Upper colorado river basin compact of 1948.--The term 
 ``Upper Colorado River Basin Compact of 1948'' means the Upper 
 Colorado River Basin Compact of 1948, as ratified and reprinted 
 in article 3 of chapter 7 of title 45, Arizona Revised 
 Statutes.

    (111) Upper division states.--The term ``Upper Division 
 States'' means the States of Wyoming, Colorado, New Mexico, and 
 Utah, as described in the Colorado River Compact.

    (112) Use.--The term ``Use'' means any beneficial use, 
 including instream flow, recharge, storage, recovery, or any 
 other use recognized as beneficial under applicable law.

    (113) Water.--The term ``water'', when used without a 
 modifying adjective, means Groundwater, Surface Water, Colorado 
 River Water, or Effluent.

    (114) Water right.--The term ``Water Right'' means any 
 right in or to Groundwater, Surface Water, Colorado River 
 Water, or Effluent under Federal, State, or other law.

    (115) Well.--The term ``Well'' means a human-made opening 
 in the earth through which Underground Water may be withdrawn 
 or obtained.

    (116) Zuni tribe.--The term ``Zuni Tribe'' means the body 
 politic and federally recognized Indian Tribe, as recognized by 
 the Secretary in the notice of the Secretary entitled ``Indian 
 Entities Recognized by and Eligible To Receive Services From 
 the United States Bureau of Indian Affairs'' (89 Fed. Reg. 944 
 (January 8, 2024)).

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

    (a) Ratification.--

    (1) In general.--Except as modified by this Act and to the 
 extent the Settlement Agreement does not conflict with this 
 Act, the Settlement Agreement is authorized, ratified, and 
 confirmed.

    (2) Amendments.--If an amendment to the Settlement 
 Agreement, or to any exhibit attached to the Settlement 
 Agreement requiring the signature of the Secretary, is executed 
 in accordance with this Act to make the Settlement Agreement 
 consistent with this Act, the amendment is authorized, 
 ratified, and confirmed, to the extent the amendment is 
 consistent with this Act.

    (b) Execution of Settlement Agreement.--

    (1) In general.--To the extent the Settlement Agreement 
 does not conflict with this Act, the Secretary shall execute 
 the Settlement Agreement, including all exhibits to the 
 Settlement Agreement requiring the signature of the Secretary.

    (2) Modifications.--
        (A) In general.--Nothing in this Act prohibits the 
 Secretary from approving any modification to the 
 Settlement Agreement, including any exhibit to the 
 Settlement Agreement, that is consistent with this Act, 
 to the extent the modification does not otherwise 
 require congressional approval under 

section 2116 of 
 the Revised Statutes (25 U.S.C. 177) or any other 
 applicable Federal law.
        (B) Abstracts.--Prior to the execution of the 
 Settlement Agreement by the Secretary, the abstracts 
 attached as Exhibits to the Settlement Agreement shall 
 be modified, as necessary--
            (i) to correct errors or omissions to the 
 satisfaction of the Parties; and
            (ii) to conform with applicable Federal and 
 State law.
            (c) Environmental Compliance.--

    (1) In general.--In implementing the Settlement Agreement 
 (including all exhibits to the Settlement Agreement requiring 
 the signature of the Secretary) and this Act, the Secretary 
 shall comply with all applicable provisions of--
        (A) the Endangered Species Act of 1973 (16 U.S.C. 
 1531 et seq.);
        (B) the National Environmental Policy Act of 1969 
 (42 U.S.C. 4321 et seq.), including the implementing 
 regulations of that Act; and
            (C) all other Federal environmental laws and 
 regulations.

    (2) Compliance.--In implementing the Settlement Agreement 
 and this Act, but excluding environmental compliance related to 
 the iina ba - paa tuwaqat'si pipeline, the applicable Tribe 
 shall prepare any necessary environmental documents consistent 
 with all applicable provisions of--
        (A) the Endangered Species Act of 1973 (16 U.S.C. 
 1531 et seq.);
        (B) the National Environmental Policy Act of 1969 
 (42 U.S.C. 4321 et seq.), including the implementing 
 regulations of that Act; and
            (C) all other Federal environmental laws and 
 regulations.
            (d) Authorizations.--The Secretary shall--

    (1) independently evaluate the documentation submitted 
 under subsection
            (c) (2) ; and

    (2) be responsible for the accuracy, scope, and contents of 
 that documentation.

    (e) Effect of Execution.--The execution of the Settlement Agreement 
by the Secretary under this section shall not constitute a major 
Federal action for purposes of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

    (f) Costs.--

    (1) In general.--Except as provided in paragraph

    (2) , any 
 costs associated with the performance of the compliance 
 activities under subsection
            (c) shall be paid from funds 
 deposited in the Navajo Nation Water Projects Trust Fund 
 Account, the Hopi Tribe Groundwater Projects Trust Fund 
 Account, or the San Juan Southern Paiute Tribe Groundwater 
 Projects Trust Fund Account, as applicable, subject to the 
 condition that any costs associated with the performance of 
 Federal approval or other review of that compliance work or 
 costs associated with inherently Federal functions shall remain 
 the responsibility of the Secretary.

    (2) Iina ba - paa tuwaqat'si pipeline.--Any costs 
 associated with the performance of the compliance activities 
 under subsection
            (c) relating to the iina ba - paa tuwaqat'si 
 pipeline shall be paid from funds deposited in the iina ba - 
 paa tuwaqat'si pipeline Implementation Fund Account.

SEC. 5. WATER RIGHTS.

    (a) Confirmation of Water Rights.--

    (1) In general.--The Water Rights of the Navajo Nation, the 
 Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo 
 Allottees, and the Hopi Allottees as described in the 
 Settlement Agreement are ratified, confirmed, and declared to 
 be valid.

    (2) Use.--Any use of water pursuant to the Water Rights 
 described in paragraph

    (1) by the Navajo Nation, the Hopi 
 Tribe, the San Juan Southern Paiute Tribe, the Navajo 
 Allottees, or the Hopi Allottees shall be subject to the terms 
 and conditions of the Settlement Agreement and this Act.

    (3) Conflict.--In the event of a conflict between the 
 Settlement Agreement and this Act, this Act shall control.

    (b) Intent of Congress.--It is the intent of Congress to provide to 
the Navajo Allottees benefits that are equivalent to, or exceed, the 
benefits the Navajo Allottees possess on the day before the date of 
enactment of this Act, taking into consideration--

    (1) the potential risks, cost, and time delay associated 
 with litigation that would be resolved by the Settlement 
 Agreement and this Act;

    (2) the availability of funding under this Act and from 
 other sources;

    (3) the availability of water from the Water Rights of the 
 Navajo Nation, as described in the Settlement Agreement; and

    (4) the applicability of 

section 7 of the Act of February 
 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
 Act to protect the interests of the Navajo Allottees.
            (c) Water Rights To Be Held in Trust for the Tribes, the Navajo 
Allottees, and the Hopi Allottees.--The United States shall hold the 
following Water Rights in trust for the Navajo Nation, the Hopi Tribe, 
the San Juan Southern Paiute Tribe, the Navajo Allottees, and the Hopi 
Allottees:

    (1) Navajo nation and the navajo allottees.--The United 
 States shall hold the following Water Rights in trust for the 
 Navajo Nation and Navajo Allottees:
        (A) Underground Water described in subparagraph 4.2 
 of the Settlement Agreement.
        (B) Springs described in subparagraph 4.4 of the 
 Settlement Agreement.
            (C) Little Colorado River tributary water described 
 in subparagraph 4.5 of the Settlement Agreement.
            (D) Little Colorado River Mainstem water described 
 in subparagraph 4.6 of the Settlement Agreement.
        (E) Navajo Nation Upper Basin Colorado River Water 
 described in subparagraph 4.7 of the Settlement 
 Agreement.
        (F) Navajo Nation Fourth Priority Water described 
 in subparagraph 4.9 of the Settlement Agreement.
        (G) Water Rights appurtenant to or associated with 
 land held in trust by the United States for the Navajo 
 Nation, as described in subparagraphs 4.12, 4.13, 4.15, 
 and 4.16 of the Settlement Agreement.

    (2) Hopi tribe.--The United States shall hold the following 
 Water Rights in trust for the Hopi Tribe:
        (A) Underground Water described in subparagraph 5.2 
 of the Settlement Agreement.
        (B) Surface Water described in subparagraph 5.4 of 
 the Settlement Agreement.
            (C) Springs described in subparagraph 5.5 of the 
 Settlement Agreement.
            (D) Hopi Tribe Upper Basin Colorado River Water 
 described in subparagraph 5.7 of the Settlement 
 Agreement.
        (E) Water Rights appurtenant to or associated with 
 land held in trust by the United States for the Hopi 
 Tribe, as described in subparagraphs 5.10, 5.11, 5.12, 
 and 5.13 of the Settlement Agreement.

    (3) San juan southern paiute tribe.--The United States 
 shall hold the following Water Rights in trust for the San Juan 
 Southern Paiute Tribe:
        (A) Underground Water described in subparagraph 
 6.2.3 of the Settlement Agreement.
        (B) Surface Water described in subparagraph 6.2.4 
 of the Settlement Agreement.
            (C) Springs described in subparagraph 6.2.6 of the 
 Settlement Agreement.
            (D) Water Rights appurtenant to or associated with 
 land held in trust by the United States for the San 
 Juan Southern Paiute Tribe, as described in 
 subparagraphs 6.5 and 6.6 of the Settlement Agreement.

    (4) Hopi allottees.--The United States shall hold the Water 
 Rights described in subparagraph 5.9 of the Settlement 
 Agreement in trust for the Hopi Allottees.
            (d) Places of Use.--

    (1) Navajo nation and navajo allottees.--
        (A) In general.--The rights of the Navajo Nation, 
 and the United States acting as trustee for the Navajo 
 Nation, to the water described in subparagraphs 4.2, 
 4.4, 4.5, and 4.6 of the Settlement Agreement may be 
 used anywhere on the Navajo Reservation or on Off-
 Reservation land held in trust by the United States for 
 the Navajo Nation, but, except as provided in 
 subparagraph
        (F) , may not be sold, leased, transferred, 
 or in any way used off of the Navajo Reservation or off 
 of Off-Reservation land held in trust by the United 
 States for the Navajo Nation.
        (B) Other places of use.--The place of Use of 
 Navajo Nation Upper Basin Colorado River Water, Navajo 
 Nation Cibola Water, and Navajo Nation Fourth Priority 
 Water are as described in 

section 6

    (b)

    (1) .
            (C) Water use on off-reservation trust land.--
            (i) In general.--Water Use on Off-
 Reservation land held in trust by the United 
 States for the Navajo Nation shall be governed 
 by subparagraphs 4.12, 4.13, 4.15, 4.16, and 
 4.18.1 of the Settlement Agreement.
            (ii) Use.--Except as provided in 
 subparagraph
        (F) , the water referred to in 
 clause
            (i) may be used only on the Navajo 
 Reservation and on Off-Reservation land held in 
 trust by the United States for the Navajo 
 Nation.
            (D) Water use on fee land.--Water Use on land owned 
 in fee by the Navajo Nation shall be governed by 
 subparagraphs 4.11, 4.12, 4.13, 4.14, 4.15, and 4.16 of 
 the Settlement Agreement.
        (E) Restrictions.--The rights of a Navajo Allottee, 
 or the United States acting as trustee for a Navajo 
 Allottee, to use water described in subparagraph 4.10.1 
 of the Settlement Agreement on a Navajo Allotment may 
 not be sold, leased, transferred, or in any way used 
 off of the Navajo Allotment, except for Use on the 
 Navajo Reservation pursuant to the Navajo Nation Water 
 Code.
        (F) Water for municipal use.--Notwithstanding 
 subparagraphs
        (A) and
            (C) 
            (ii) and subparagraph 7.2.3.1 
 of the Settlement Agreement, the Navajo Nation or the 
 United States acting as trustee for the Navajo Nation 
 may provide water for municipal Use off of the Navajo 
 Reservation from facilities that are physically 
 connected to facilities on the Navajo Reservation.

    (2) Hopi tribe and hopi allottees.--
        (A) In general.--The rights of the Hopi Tribe, and 
 the United States acting as trustee for the Hopi Tribe, 
 to the water described in subparagraphs 5.2, 5.4, and 
 5.5 of the Settlement Agreement may be used anywhere on 
 the Hopi Reservation or on Off-Reservation land held in 
 trust by the United States for the Hopi Tribe, but, 
 except as provided in subparagraph
        (F) , may not be 
 sold, leased, transferred, or in any way used off of 
 the Hopi Reservation or off of Off-Reservation land 
 held in trust by the United States for the Hopi Tribe.
        (B) Other places of use.--The place of Use of Hopi 
 Tribe Upper Basin Colorado River Water and Hopi Tribe 
 Cibola Water are as described in 

section 6

    (b)

    (2) .
            (C) Water use on off-reservation trust land.--
            (i) In general.--Water Use on Off-
 Reservation land held in trust by the United 
 States for the Hopi Tribe shall be governed by 
 subparagraphs 5.10, 5.11, 5.12, 5.13, and 
 5.15.1 of the Settlement Agreement.
            (ii) Use.--Except as provided in 
 subparagraph
        (F) , the water referred to in 
 clause
            (i) may be used only on the Hopi 
 Reservation and on Off-Reservation land held in 
 trust by the United States for the Hopi Tribe.
            (D) Water use on fee land.--Water Use on land owned 
 in fee by the Hopi Tribe shall be governed by 
 subparagraphs 5.10, 5.11, and 5.12 of the Settlement 
 Agreement.
        (E) Restrictions.--The rights of a Hopi Allottee, 
 or the United States acting as trustee for a Hopi 
 Allottee, to use water described in subparagraph 5.9 of 
 the Settlement Agreement on a Hopi Allotment may not be 
 sold, leased, transferred, or in any way used off of 
 the Hopi Allotment.
        (F) Water for municipal use.--Notwithstanding 
 subparagraphs
        (A) and
            (C) 
            (ii) and subparagraph 7.2.3.1 
 of the Settlement Agreement, the Hopi Tribe or the 
 United States acting as trustee for the Hopi Tribe may 
 provide water for municipal Use off of the Hopi 
 Reservation from facilities that are physically 
 connected to facilities on the Hopi Reservation.

    (3) San juan southern paiute tribe.--
        (A) In general.--The rights of the San Juan 
 Southern Paiute Tribe, and the United States acting as 
 trustee for the San Juan Southern Paiute Tribe, to the 
 water described in subparagraphs 6.2.3, 6.2.4, and 
 6.2.6 of the Settlement Agreement may be used on the 
 San Juan Southern Paiute Southern Area or on Off-
 Reservation land held in trust by the United States for 
 the San Juan Southern Paiute Tribe, but may not be 
 sold, leased, transferred, or in any way used off of 
 the San Juan Southern Paiute Southern Area or off of 
 Off-Reservation land held in trust by the United States 
 for the San Juan Southern Paiute Tribe.
        (B) Water use on off-reservation trust land.--
            (i) In general.--Water Use on Off-
 Reservation land held in trust by the United 
 States for the San Juan Southern Paiute Tribe 
 shall be governed by subparagraphs 6.5, 6.6, 
 and 6.7.1 of the Settlement Agreement.
            (ii) Use.--Except as provided in 
 subparagraph
            (D) , the water referred to in 
 clause
            (i) may be used only on the San Juan 
 Southern Paiute Southern Area and on Off-
 Reservation land held in trust by the United 
 States for the San Juan Southern Paiute Tribe.
            (C) Water use on fee land.--Water Use on land owned 
 in fee by the San Juan Southern Paiute Tribe shall be 
 governed by subparagraphs 6.4, 6.5, and 6.6 of the 
 Settlement Agreement.
            (D) Water for municipal use.--Notwithstanding 
 subparagraphs
        (A) and
        (B)
            (ii) and subparagraph 7.2.3.1 
 of the Settlement Agreement, and subject to 
 subparagraph 12.5.1.3 of the Settlement Agreement, the 
 San Juan Southern Paiute Tribe or the United States 
 acting as trustee for the San Juan Southern Paiute 
 Tribe may provide water for municipal Use off of the 
 San Juan Southern Paiute Southern Area from facilities 
 that are physically connected to facilities on the San 
 Juan Southern Paiute Southern Area.

    (e) Nonuse, Forfeiture, and Abandonment.--

    (1) Navajo nation and navajo allottees.--Water Rights of 
 the Navajo Nation and the Navajo Allottees described in 
 subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the 
 Settlement Agreement and Water Rights relating to land held in 
 trust by the United States for the Navajo Nation, as described 
 in subparagraphs 4.12, 4.13, 4.15, and 4.16 of the Settlement 
 Agreement, shall not be subject to loss by non-use, forfeiture, 
 or abandonment.

    (2) Hopi tribe.--Water Rights of the Hopi Tribe described 
 in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement 
 Agreement and Water Rights relating to land held in trust by 
 the United States for the Hopi Tribe, as described in 
 subparagraphs 5.10, 5.11, 5.12, and 5.13 of the Settlement 
 Agreement, shall not be subject to loss by non-use, forfeiture, 
 or abandonment.

    (3) San juan southern paiute tribe.--Water Rights of the 
 San Juan Southern Paiute Tribe described in subparagraphs 
 6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not 
 be subject to loss by non-use, forfeiture, or abandonment.

    (4) Hopi allottees.--Water Rights of the Hopi Allottees 
 described in subparagraph 5.9 of the Settlement Agreement shall 
 not be subject to loss by non-use, forfeiture, or abandonment.

    (f) Navajo Allottees.--

    (1) Applicability of the act of february 8, 1887.--

Section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
 U.S.C. 381), shall apply to the Water Rights described in 
 subsection
            (c) (1) .

    (2) Entitlement to water.--The rights of Navajo Allottees, 
 and the United States acting as trustee for Navajo Allottees, 
 to use water on Navajo Allotments located on the Navajo 
 Reservation shall be satisfied solely from the Water Rights 
 described in subsection
            (c) (1) .

    (3) Allocations.--A Navajo Allottee shall be entitled to a 
 just and equitable distribution of water for irrigation 
 purposes.

    (4) Claims.--
        (A) Exhaustion of remedies.--Before asserting any 
 claim against the United States under 

section 7 of the 
 Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
 U.S.C. 381), or any other applicable law, a Navajo 
 Allottee shall exhaust remedies available under the 
 Navajo Nation Water Code or other applicable Navajo 
 law.
        (B) Action for relief.--After the exhaustion of all 
 remedies available under the Navajo Nation Water Code 
 or other applicable Navajo law pursuant to subparagraph
        (A) , a Navajo Allottee may seek relief under 

section 7 
 of the Act of February 8, 1887 (24 Stat. 390, chapter 
 119; 25 U.S.C. 381), or other applicable law.

    (5) Authority of the secretary.--The Secretary may protect 
 the rights of Navajo Allottees in accordance with this 
 subsection.

    (g) Navajo Nation Water Code.--

    (1) In general.--The Navajo Nation Water Code shall 
 provide--
        (A) that Use of water by Navajo Allottees shall be 
 satisfied with water from the Water Rights described in 
 subsection
            (c) (1) ;
        (B) a process by which a Navajo Allottee may 
 request that the Navajo Nation allocate water in 
 accordance with the Settlement Agreement, including the 
 provision of water under any Navajo Allottee lease 
 under 

section 4 of the Act of June 25, 1910 (36 Stat. 
 856, chapter 431; 25 U.S.C. 403);
            (C) a due process system for the consideration and 
 determination by the Navajo Nation of any request of a 
 Navajo Allottee (or a successor in interest to a Navajo 
 Allottee) for an allocation of water on a Navajo 
 Allotment, including a process for--
            (i) appeal and adjudication of any denied 
 or disputed distribution of water; and
            (ii) resolution of any contested 
 administrative decision; and
            (D) a requirement that any Navajo Allottee 
 asserting a claim relating to the enforcement of rights 
 of the Navajo Allottee under the Navajo Nation Water 
 Code, including to the quantity of water allocated to 
 land of the Navajo Allottee, shall exhaust all remedies 
 available to the Navajo Allottee under Navajo law 
 before initiating an action against the United States 
 or petitioning the Secretary pursuant to subsection

    (f)

    (4)
        (B) .

    (2) Tribal consultation.--
        (A) In general.--After consultation with the Navajo 
 Nation, the Secretary shall determine whether the 
 Navajo Nation Water Code in effect on the date of 
 enactment of this Act satisfies the requirements of 
 paragraph

    (1) .
        (B) Satisfies requirements.--If the Secretary 
 determines that the Navajo Nation Water Code in effect 
 on the date of enactment of this Act satisfies the 
 requirements of paragraph

    (1) , the Secretary shall 
 notify the Navajo Nation of that determination in 
 writing.
            (C) Does not satisfy requirement.--If the Secretary 
 determines that the Navajo Nation Water Code in effect 
 on the date of enactment of this Act does not satisfy 
 the requirements of paragraph

    (1) , the Secretary shall 
 notify the Navajo Nation in writing that amendments are 
 necessary to satisfy the requirements of subsection

    (g)

    (1) .

    (3) Navajo nation action.--Not later than 3 years after the 
 date on which the Secretary notifies the Navajo Nation pursuant 
 to paragraph

    (2)
            (C) , the Navajo Nation shall amend the Navajo 
 Nation Water Code and submit to the Secretary the amendments to 
 the Navajo Nation Water Code for review and approval pursuant 
 to subsection

    (h) .

    (h) Action by the Secretary.--

    (1) In general.--The Secretary shall administer, with 
 respect to the rights of the Navajo Allottees, the Water Rights 
 identified under subsection
            (c) (1) during the period beginning 
 on the date of enactment of this Act and ending on the earlier 
 of--
        (A) the date on which the Secretary provides notice 
 to the Navajo Nation pursuant to paragraph

    (2)
        (B) of 
 subsection

    (g) that the Navajo Nation Water Code 
 satisfies the requirements of paragraph

    (1) of that 
 subsection; and
        (B) the date on which the Secretary has approved 
 amendments to the Navajo Nation Water Code submitted 
 pursuant to subsection

    (g)

    (3) .

    (2) Approval.--The Navajo Nation Water Code amendments 
 described in subsection

    (g)

    (3) shall not be valid unless--
        (A) the amendments described in that subsection 
 have been approved by the Secretary; and
        (B) each subsequent amendment to the Navajo Nation 
 Water Code that affects the rights of a Navajo Allottee 
 is approved by the Secretary.

    (3) Approval period.--
        (A) Approval period.--If the Secretary requires 
 amendments to the Navajo Nation Water Code pursuant to 
 paragraph

    (2)
            (C) of subsection

    (g) , the Secretary shall 
 approve or disapprove the amendments to the Navajo 
 Nation Water Code described in paragraph

    (3) of that 
 subsection not later than 180 days after the date on 
 which the amendments are submitted to the Secretary.
        (B) Extension.--The deadline described in 
 subparagraph
        (A) may be extended by the Secretary after 
 consultation with the Navajo Nation.
            (i) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--

    (1) authorizes any action by a Navajo Allottee against any 
 individual or entity, or against the Navajo Nation, under 
 Federal, State, Tribal, or local law; or

    (2) alters or affects the status of any action brought 
 pursuant to 

section 1491

    (a) of title 28, United States Code.

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

    (a) Allocation and Assignment to the Navajo Nation and the Hopi 
Tribe.--

    (1) Allocation and assignment to the navajo nation.--
        (A) Navajo nation upper basin colorado river 
 water.--
            (i) State agreement.--Pursuant to 
 subparagraph 4.7.1 of the Settlement Agreement, 
 the State has expressly agreed to the 
 allocation described in clause
            (ii) .
            (ii) Allocation.--44,700 AFY of Arizona 
 Upper Basin Colorado River Water is allocated 
 to the Navajo Nation on the Enforceability 
 Date.
        (B) Navajo nation cibola water.--Pursuant to 
 subparagraph 4.8.2 of the Settlement Agreement, the 
 State has recommended the assignment of Navajo Nation 
 Cibola Water by the Hopi Tribe to the Navajo Nation 
 effective on the Enforceability Date.
            (C) Navajo nation fourth priority water.--
            (i) State recommendation.--Pursuant to 
 subparagraph 4.9.1 of the Settlement Agreement, 
 the State has recommended the allocation 
 described in clause
            (ii) .
            (ii) Allocation.--3,500 AFY of uncontracted 
 Fourth Priority Water reserved for Use in a 
 Navajo-Hopi Indian Water Rights settlement 
 under paragraph 11.3 of the Arizona Water 
 Settlement Agreement among the United States, 
 the State, and CAWCD, as authorized by 
 paragraphs

    (1) and

    (2) of 

section 106

    (a) of the 
 Central Arizona Project Settlement Act of 2004 
 (Public Law 108-451; 118 Stat. 3492), is 
 allocated to the Navajo Nation on the 
 Enforceability Date.

    (2) Allocation to hopi tribe and amendment to cibola 
 contract.--
        (A) Hopi tribe upper basin colorado river water.--
            (i) State agreement.--Pursuant to 
 subparagraph 5.7.1 of the Settlement Agreement, 
 the State has expressly agreed to the 
 allocation described in clause
            (ii) .
            (ii) Allocation.--2,300 AFY of Arizona 
 Upper Basin Colorado River Water is allocated 
 to the Hopi Tribe on the Enforceability Date.
        (B) Hopi tribe cibola water.--Pursuant to 
 subparagraph 5.8.1 of the Settlement Agreement, the 
 State has recommended the amendment of the existing 
 Hopi Tribe Cibola Contract to reduce the Fourth 
 Priority Water diversion entitlement of the Hopi Tribe 
 to 4,178 AFY, and to provide for additional Uses and 
 places of Use of Hopi Tribe Cibola Water, effective on 
 the Enforceability Date.

    (b) Colorado River Water Use by the Navajo Nation and Hopi Tribe.--

    (1) Colorado river water use by the navajo nation.--
        (A) Navajo nation upper basin colorado river water 
 use.--Subject to the limitations of this Act, the 
 Navajo Nation may divert its Navajo Nation Upper Basin 
 Colorado River Water in the State, the State of New 
 Mexico, and the State of Utah for Use at any location 
 in the State.
        (B) Navajo nation cibola water.--Subject to the 
 limitations of this Act, the Navajo Nation may divert 
 its Navajo Nation Cibola Water in the State in the 
 Upper Basin at Lake Powell or in the Lower Basin for 
 Use at any location within the Lower Basin.
            (C) Navajo nation fourth priority water.--The 
 Navajo Nation may divert its Navajo Nation Fourth 
 Priority Water in the State in the Upper Basin at Lake 
 Powell or in the Lower Basin for Use at any location 
 within the Lower Basin.
            (D) No use outside of the state.--With the 
 exception of water storage by the Navajo Nation at the 
 Navajo Reservoir and the Frank Chee Willetto, Sr. 
 Reservoir in the State of New Mexico, the Navajo Nation 
 may not use, lease, exchange, forbear, or otherwise 
 transfer any of the water described in subparagraphs
        (A) ,
        (B) , and
            (C) for Use directly or indirectly 
 outside of the State.

    (2) Colorado river water use by the hopi tribe.--
        (A) Hopi tribe upper basin colorado river water 
 use.--Subject to the limitations of this Act, the Hopi 
 Tribe may divert its Hopi Tribe Upper Basin Colorado 
 River Water in the State for Use at any location in the 
 State.
        (B) Hopi tribe cibola water use.--The Hopi Tribe 
 may divert its Hopi Tribe Cibola Water in the State in 
 the Upper Basin at Lake Powell or in the Lower Basin 
 for Use at any location within the Lower Basin.
            (C) No use outside of the state.--The Hopi Tribe 
 may not use, lease, exchange, forbear, or otherwise 
 transfer any of the water described in subparagraphs
        (A) and
        (B) for Use directly or indirectly outside of 
 the State.

    (3) Curtailment.--
        (A) Navajo nation.--
            (i) Navajo nation cibola water and navajo 
 nation fourth priority water.--Delivery of 
 Navajo Nation Cibola Water and Navajo Nation 
 Fourth Priority Water, regardless of the point 
 of diversion, shall be subject to reduction in 
 any year in which a shortage is declared to the 
 same extent as other non-CAP Fourth Priority 
 Water.
            (ii) Other arizona lower basin colorado 
 river water acquired by the navajo nation.--Any 
 other Arizona Lower Basin Colorado River Water 
 that the Navajo Nation may acquire shall be 
 subject to reduction in any year in which a 
 shortage is declared in accordance with 
 criteria applied by the Secretary to water of 
 the same priority.
        (B) Hopi tribe.--
            (i) Fourth priority cibola water.--Delivery 
 of Hopi Tribe Cibola Water of fourth priority, 
 regardless of the point of diversion, shall be 
 subject to reduction in any year in which a 
 shortage is declared to the same extent as 
 other non-CAP Fourth Priority Water.
            (ii) Fifth priority.--Delivery of Hopi 
 Tribe Cibola Water of fifth priority, 
 regardless of the point of diversion, shall be 
 subject to reduction in any year in which a 
 shortage is declared to the same extent as 
 other Fifth Priority Water.
            (iii) Other arizona lower basin colorado 
 river water acquired by the hopi tribe.--Any 
 other Arizona Lower Basin Colorado River Water 
 that the Hopi Tribe may acquire shall be 
 subject to reduction in any year in which a 
 shortage is declared in accordance with 
 criteria applied by the Secretary to water of 
 the same priority.
            (c) Colorado River Water Storage.--

    (1) Storage in arizona.--
        (A) Arizona upper basin colorado river water.--
 Navajo Nation Upper Basin Colorado River Water and Hopi 
 Tribe Upper Basin Colorado River Water may be stored at 
 underground storage facilities or Groundwater savings 
 facilities located--
            (i) within the Navajo Reservation in 
 accordance with Navajo law, or State law if 
 mutually agreed to by the Navajo Nation and the 
 State;
            (ii) within the Hopi Reservation in 
 accordance with Hopi law, or State law if 
 mutually agreed to by the Hopi Tribe and the 
 State;
            (iii) on any other Indian reservation 
 located in the State in accordance with 
 applicable law; and
            (iv) within the State and outside of any 
 Indian reservation in accordance with State 
 law.
        (B) Arizona lower basin colorado river water.--
 Navajo Nation Cibola Water, Navajo Nation Fourth 
 Priority Water, and Hopi Tribe Cibola Water may be 
 stored at underground storage facilities or Groundwater 
 savings facilities located--
            (i) within the Navajo Reservation in 
 accordance with Navajo law, or State law if 
 mutually agreed to by the Navajo Nation and the 
 State;
            (ii) within the Hopi Reservation in 
 accordance with Hopi law, or State law if 
 mutually agreed to by the Hopi Tribe and the 
 State;
            (iii) on any other Indian reservation 
 located in the State that falls within the 
 Lower Basin in accordance with applicable law; 
 and
            (iv) within any portion of the State that 
 falls within the Lower Basin and outside of any 
 Indian reservation in accordance with State 
 law.

    (2) Storage credits.--
        (A) In general.--The Navajo Nation and the Hopi 
 Tribe may assign any long-term storage credits accrued 
 as a result of storage under subparagraphs
        (A) and
        (B) of paragraph

    (1) in accordance with applicable law.
        (B) Storage pursuant to tribal law.--Any water 
 stored pursuant to Tribal law may only be recovered on 
 the Indian reservation where the water was stored.

    (3) Storage in new mexico.--The Navajo Nation may store in, 
 divert, and convey its Navajo Nation Upper Basin Colorado River 
 Water from the Navajo Reservoir and the Frank Chee Willetto, 
 Sr. Reservoir in New Mexico, subject to the requirements of 
 subsection

    (g) , including that the water stored at the Navajo 
 Reservoir or the Frank Chee Willetto, Sr. Reservoir is subject 
 to agreements with and permits from the State of New Mexico and 
 is accounted for as provided in that subsection and 

section 17

    (a)

    (3) .

    (4) Storage contract requirements.--
        (A) In general.--All contracts to store Navajo 
 Nation Upper Basin Colorado River Water, Navajo Nation 
 Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
 Tribe Upper Basin Colorado River Water or Hopi Tribe 
 Cibola Water shall identify--
            (i) the place of storage of the water;
            (ii) the mechanisms for delivery of the 
 water; and
            (iii) each point of diversion under the 
 applicable contract.
        (B) Conflicts.--A contract to store Navajo Nation 
 Upper Basin Colorado River Water, Navajo Nation Cibola 
 Water, Navajo Nation Fourth Priority Water, Hopi Tribe 
 Upper Basin Colorado River Water, or Hopi Tribe Cibola 
 Water shall not conflict with the Settlement Agreement 
 or this Act.
            (C) System conservation.--
            (i) System conservation in lake powell.--
            (I) In general.--Subject to 
 subclauses
            (IV) through
            (VII) , the 
 Secretary is authorized and directed to 
 enter into NAIWRSA System Conservation 
 Program agreements with the Navajo 
 Nation and the Hopi Tribe to provide 
 for the storage of 17,050 AFY of the 
 System Conservation Eligible Water each 
 year for a period of 20 years to be 
 retained in Lake Powell until the end 
 of the 20-year period for the benefit 
 of the Colorado River System.
            (II) Navajo nation and hopi tribe 
 agreements.--

    (aa) Navajo nation.--
 Pursuant to subclause
            (I) , the 
 Navajo Nation shall enter into 
 20-year NAIWRSA System 
 Conservation Program agreement 
 to deliver 16,214.55 AFY of the 
 System Conservation Eligible 
 Water to the Secretary to be 
 retained in Lake Powell and 
 accounted for separately during 
 the 20-year period for the 
 benefit of the Colorado River 
 System.

    (bb) Hopi tribe.--Pursuant 
 to subclause
            (I) , the Hopi 
 Tribe shall enter into a 20-
 year NAIWRSA System 
 Conservation Program agreement 
 to deliver 835.45 AFY of the 
 System Conservation Eligible 
 Water to the Secretary to be 
 retained in Lake Powell and 
 accounted for separately during 
 the 20-year period for the 
 benefit of the Colorado River 
 System.
            (III) Notification.--
 Notwithstanding subclause
            (II) , during 
 the 20-year period in which the Navajo 
 Nation and the Hopi Tribe are 
 delivering water to the NAIWRSA System 
 Conservation Program, if the Hopi Tribe 
 intends to deliver more than 1,464.55 
 AFY of Hopi Tribe Upper Basin Colorado 
 River Water to the Hopi Reservation in 
 any calendar year--

    (aa) the Hopi Tribe shall 
 notify the Navajo Nation prior 
 to the start of that calendar 
 year of the amount of Hopi 
 Tribe Upper Basin Colorado 
 River Water in excess of 
 1,464.55 AFY that the Hopi 
 Tribe intends to deliver to the 
 Hopi Reservation during the 
 subsequent calendar year; and

    (bb) the Navajo Nation 
 shall deliver sufficient 
 additional System Conservation 
 Eligible Water to ensure that 
 17,050 AFY is delivered to the 
 Secretary each calendar year to 
 be retained in Lake Powell 
 pursuant to the NAIWRSA System 
 Conservation Program.
            (IV) Evaporation losses.--The 
 System Conservation Eligible Water 
 stored in Lake Powell shall be subject 
 to evaporation losses.
            (V) Release.--Notwithstanding the 
 intention to retain the System 
 Conservation Eligible Water stored in 
 Lake Powell for 20 years, as described 
 in subclauses
            (I) and
            (II) , the System 
 Conservation Eligible Water may be 
 released--

    (aa) pursuant to an 
 agreement signed by the 
 Governors' representatives of 
 the Colorado River Basin States 
 and the Bureau; or

    (bb) by the Bureau 
 consistent with operating 
 criteria or guidelines.
            (VI) No consideration in annual 
 release.--The System Conservation 
 Eligible Water stored at Lake Powell 
 shall not be considered when 
 determining the annual release of Lake 
 Powell under the operational criteria 
 or guidelines in place for any year in 
 the 20-year period in which the Navajo 
 Nation and the Hopi Tribe are 
 delivering water to the NAIWRSA System 
 Conservation Program and any subsequent 
 year.
            (VII) Accounting as upper basin.--
 Any System Conservation Eligible Water 
 released from storage shall be 
 accounted for as Upper Basin releases 
 under article III of the Colorado River 
 Compact.
            (ii) Participation in system conservation 
 programs.--In addition to the NAIWRSA System 
 Conservation Program to store System 
 Conservation Eligible Water in Lake Powell for 
 20 years as described in subclauses
            (I) and
            (II) of clause
            (i) , the Navajo Nation and the 
 Hopi Tribe are authorized to participate in 
 System Conservation programs in the Upper Basin 
 for Navajo Nation Upper Basin Colorado River 
 Water and Hopi Tribe Upper Basin Colorado River 
 Water and in the Lower Basin for Navajo Nation 
 Cibola Water and Navajo Nation Fourth Priority 
 Water and Hopi Tribe Cibola Water to the extent 
 that the water meets the applicable 
 requirements of those System Conservation 
 programs.
            (d) Transportation of Water Through the CAP System.--Subject to the 
accounting provisions of 

section 17, the Navajo Nation or the Hopi 
Tribe may transport Navajo Nation Upper Basin Colorado River Water, 
Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water 
through the CAP system for storage or Use in accordance with all laws 
of the United States and the agreements between the United States and 
CAWCD governing the Use of the CAP system to transport water other than 
CAP Water, including payment of applicable charges.

    (e) Water Delivery Contracts.--The Secretary shall enter into the 
following water delivery contracts, which shall be without limit as to 
term:

    (1) Navajo nation water delivery contracts for navajo 
 nation upper basin colorado river water.--
        (A) In general.--The Secretary shall enter into a 
 water delivery contract with the Navajo Nation for 
 Navajo Nation Upper Basin Colorado River Water in 
 accordance with the Settlement Agreement, which shall 
 provide for, among other things--
            (i) the delivery of up to 44,700 AFY of 
 Navajo Nation Upper Basin Colorado River Water;
            (ii) 1 or more points of diversion in the 
 State, New Mexico, and Utah;
            (iii) 1 or more storage locations at any 
 place within the State and in the Navajo 
 Reservoir and the Frank Chee Willetto, Sr. 
 Reservoir in New Mexico;
            (iv) subject to the limitations of this 
 Act, Use at any location within the State; and
            (v) delivery of Navajo Nation Upper Basin 
 Colorado River Water to the Navajo Nation's 
 lessees and exchange partners in the Upper 
 Basin and the Lower Basin within the State.
        (B) Existing water service contract.--
            (i) In general.--Water Service Contract No. 
 09-WC-40-318 between the United States and the 
 Navajo Nation dated December 23, 2009, for the 
 delivery of up to 950 AFY of water from Lake 
 Powell to the Navajo Nation for municipal and 
 industrial Use within the Community of LeChee 
 shall be replaced with a Navajo Nation Water 
 Delivery Contract for the delivery of Navajo 
 Nation Upper Basin Colorado River Water that 
 complies with subparagraph
        (A) .
            (ii) Termination.--As provided in the 
 Settlement Agreement, on the Enforceability 
 Date, the water service contract described in 
 clause
            (i) shall terminate.

    (2) Navajo nation water delivery contract for navajo nation 
 cibola water.--The Secretary shall enter into a water delivery 
 contract with the Navajo Nation for the Navajo Nation Cibola 
 Water in accordance with the Settlement Agreement, which shall 
 provide for, among other things--
        (A)
            (i) the diversion of up to 100 AFY at the 
 location and for the same Uses described in the Hopi 
 Tribe Existing Cibola Contract; or
            (ii) delivery and consumptive use of up to 71.5 AFY 
 at locations and for Uses within the State within the 
 Lower Basin other than as described in the Hopi Tribe 
 Existing Cibola Contract;
        (B) 1 or more points of diversion in the State 
 within the Lower Basin or at Lake Powell;
            (C) storage in any location within the State within 
 the Lower Basin Reservoir in New Mexico;
            (D) Use at any location within the State within the 
 Lower Basin;
        (E) delivery of Navajo Nation Cibola Water to the 
 Navajo Nation's lessees and exchange partners in the 
 State within the Lower Basin; and
        (F) curtailment as provided in subsection

    (b)

    (3)
        (A) .

    (3) Navajo nation water delivery contract for navajo nation 
 fourth priority water.--The Secretary shall enter into a water 
 delivery contract with the Navajo Nation for Navajo Nation 
 Fourth Priority Water in accordance with the Settlement 
 Agreement, which shall provide for, among other things--
        (A) delivery of up to 3,500 AFY of Navajo Nation 
 Fourth Priority Water;
        (B) 1 or more points of diversion in the State 
 within the Lower Basin or at Lake Powell;
            (C) storage in any location within the State within 
 the Lower Basin;
            (D) Use at any location within the State within the 
 Lower Basin;
        (E) delivery of Navajo Nation Fourth Priority Water 
 to the Navajo Nation's lessees and exchange partners in 
 the State within the Lower Basin; and
        (F) curtailment as provided in subsection

    (b)

    (3)
        (A) .

    (4) Hopi tribe delivery contracts for hopi tribe upper 
 basin colorado river water.--The Secretary shall enter into a 
 water delivery contract with the Hopi Tribe for Hopi Tribe 
 Upper Basin Colorado River Water in accordance with the 
 Settlement Agreement, which shall provide for, among other 
 things--
        (A) the delivery of up to 2,300 AFY of Hopi Tribe 
 Upper Basin Colorado River Water;
        (B) 1 or more points of diversion in the State, 
 including Lake Powell;
            (C) 1 or more storage locations at any place within 
 the State;
            (D) subject to the limitations of this Act, Use at 
 any location within the State; and
        (E) delivery of Hopi Tribe Upper Basin Colorado 
 River Water to the Hopi Tribe's lessees and exchange 
 partners in the Upper Basin and the Lower Basin within 
 the State.

    (5) Hopi tribe water delivery contract for hopi tribe 
 cibola water.--The Secretary shall enter into a water delivery 
 contact with the Hopi Tribe for Hopi Tribe Cibola Water in 
 accordance with the Settlement Agreement, which shall provide 
 for, among other things--
        (A) the delivery of up to 4,178 AFY of Fourth 
 Priority Water, 750 AFY of Fifth Priority Water, and 
 1,000 AFY of Sixth Priority Water;
        (B) 1 or more points of diversion in the State 
 within the Lower Basin or at Lake Powell;
            (C) storage in any location within the State within 
 the Lower Basin;
            (D) Use at any location within the State within the 
 Lower Basin, consistent with subparagraph 5.8.3 of the 
 Settlement Agreement;
        (E) delivery of Hopi Tribe Cibola Water to the Hopi 
 Tribe's lessees and exchange partners in the State 
 within the Lower Basin; and
        (F) curtailment as provided in subsection

    (b)

    (3)
        (B) .

    (f) Requirements and Limitations Applicable to Water Delivery 
Contracts.--The Navajo Nation Water Delivery Contracts and Hopi Tribe 
Water Delivery Contracts shall be subject to the following requirements 
and limitations:

    (1) Except for storage by the Navajo Nation at the Navajo 
 Reservoir and the Frank Chee Willetto, Sr. Reservoir in New 
 Mexico, and in accordance with subsection

    (g) , a water delivery 
 contract shall not permit the Use of the water outside of the 
 State.

    (2) A water delivery contract shall not, either temporarily 
 or permanently, alter or reduce the annual Lower Basin 
 apportionment of the State pursuant to the Boulder Canyon 
 Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual 
 Upper Basin apportionment pursuant to the Upper Colorado River 
 Basin Compact of 1948.

    (3) Nothing in a water delivery contract shall alter or 
 impair the rights, authorities, and interests of California, 
 Nevada, or the State under the Boulder Canyon Project Act (43 
 U.S.C. 617 et seq.), the contract between the United States and 
 the State dated February 9, 1944, the Upper Colorado River 
 Basin Compact of 1948 or the Decree.

    (4) A water delivery contract shall not limit the ability 
 of California, Nevada, or the State to seek or advocate changes 
 in the operating rules, criteria, or guidelines of the Colorado 
 River System as those rules, criteria, or guidelines apply to 
 the apportionments of the State from the Upper Basin and the 
 Lower Basin of the Colorado River.

    (5) In the event that a water delivery contract will result 
 in the delivery of Arizona Upper Basin Colorado River Water to 
 the Lower Basin, the Secretary shall confer with the State and 
 with the Governors' representatives of the Colorado River Basin 
 States prior to executing that water delivery contract with 
 respect to--
        (A) the impact of the water deliveries on the 
 availability of Upper Basin Colorado River Water or 
 Arizona Lower Basin Colorado River Water within the 
 State;
        (B) the annual accounting conducted by the Bureau 
 for the Colorado River apportionments of the State in 
 the Upper Basin and Lower Basin;
            (C) how diversions of Arizona Upper Basin Colorado 
 River Water in the Lower Basin will be administered 
 consistently with the Decree; and
            (D) as appropriate, the impact of the water 
 deliveries on the operations of the Central Arizona 
 Project.

    (6) A water delivery contract shall identify--
        (A) the place of Use of the water;
        (B) the purpose of the Use of the water during the 
 term of the contract;
            (C) the mechanism for delivery of the water; and
            (D) each point of diversion under the contract.

    (7) A water delivery contract shall not prejudice the 
 interests of California, Nevada, or the State, or serve as 
 precedent against California, Nevada, or the State, in any 
 litigation relating to the apportionment, diversion, storage, 
 or Use of water from the Colorado River System.

    (8) In the case of a conflict between a water delivery 
 contract and this Act or the Settlement Agreement, this Act or 
 the Settlement Agreement shall control.

    (9) Any material amendment or modification of a water 
 delivery contract shall comply with, and be subject to, all 
 requirements and limitations for the water delivery contract, 
 as described in the Settlement Agreement and this Act.

    (10) A water delivery contract shall become effective on 
 the Enforceability Date and, once effective, shall be permanent 
 and without limit as to term.

    (11) The United States shall waive Colorado River Storage 
 Project standby charges and delivery charges and annual 
 administration fees for water delivered pursuant to a water 
 delivery contract.

    (g) Conditions for Storage, Diversion, and Conveyance in New 
Mexico.--

    (1) Requirements for water diverted in new mexico for use 
 by the navajo nation in arizona.--
        (A) In general.--Notwithstanding any other 
 provision of this Act, water shall not be stored in, 
 diverted in, or conveyed from New Mexico for Use by the 
 Navajo Nation in the State except in compliance with 
 this subsection or subparagraph 7

    (g) of the Partial 
 Final Decree (as defined in 

section 10302 of the 
 Northwestern New Mexico Rural Water Projects Act (43 
 U.S.C. 407 note; Public Law 111-11)).
        (B) Water provided under public law 111-11.--6,411 
 AFY of Navajo Nation Upper Basin Colorado River Water 
 may be stored in, diverted in, and conveyed from New 
 Mexico for Use in the State--
            (i) consistent with the terms and 
 requirements of the Northwestern New Mexico 
 Rural Water Projects Act (Public Law 111-11; 
 123 Stat. 1367) and the Partial Final Decree 
 (as defined in 

section 10302 of that Act (43 
 U.S.C. 407 note; Public Law 111-11)); and
            (ii) in accordance with an appropriate 
 permit issued under New Mexico law with a place 
 of use consistent with subparagraph
            (D) .
            (C) Additional water under this act.--In addition 
 to the 6,411 AFY pursuant to subparagraph
        (B) , 12,000 
 AFY of Navajo Nation Upper Basin Colorado River Water 
 may be stored in, diverted in, and conveyed from the 
 San Juan River in New Mexico for Use in the State, 
 subject to the following conditions:
            (i) An agreement is executed between the 
 Navajo Nation and the State of New Mexico, 
 acting through its Interstate Stream 
 Commission, enabling the storage in, diversion 
 in, and conveyance from New Mexico of not to 
 exceed 12,000 AFY of Navajo Nation Upper Basin 
 Colorado River Water for Use by the Navajo 
 Nation in the State when the Upper Basin 
 Colorado River Water is available for diversion 
 in compliance with the Endangered Species Act 
 of 1973 (16 U.S.C. 1531 et seq.) and without 
 resulting in forbearance of Use in New Mexico 
 or a shortage to any water uses as provided in 
 the Navajo Reservoir Operations guidelines 
 pursuant to the 2006 environmental impact 
 statement prepared by the Bureau, or any 
 updated guidelines or requirements for Navajo 
 Reservoir Operations as may become effective in 
 the future.
            (ii) If the Navajo Nation and the State of 
 New Mexico, acting through its Interstate 
 Stream Commission, are able to agree on terms, 
 an agreement is executed covering periods of 
 time when the Navajo Nation is not able to 
 divert all or a portion of the 12,000 AFY of 
 Navajo Nation Upper Basin Colorado River Water 
 under clause
            (i) , subject to the requirements 
 that--
            (I) the agreement provides for 
 limited forbearance of Navajo Nation 
 water in New Mexico or other mutually 
 acceptable mechanisms for making all or 
 a portion of the 12,000 AFY of Navajo 
 Nation Upper Basin Colorado River Water 
 available to the Navajo Nation in the 
 State; and
            (II) the United States and the 
 Governors' representatives of the 
 Colorado River Basin States have agreed 
 on an appropriate measure or accounting 
 method for such forbearance or 
 mechanisms to ensure that the ability 
 of New Mexico to utilize its 
 apportionment under the Upper Colorado 
 River Basin Compact of 1948 is 
 preserved.
            (D) Permits as a condition for delivery.--No water 
 under subparagraph
        (B) or
            (C) may be delivered unless 
 the New Mexico State Engineer has issued an appropriate 
 permit for any diversion from the San Juan River system 
 or underground basin in New Mexico and storage and 
 release of water from the Navajo Reservoir or the Frank 
 Chee Willetto, Sr. Reservoir to supply Use on Navajo 
 Land within the State and for municipal Use adjoining 
 the Navajo Reservation from water distribution 
 facilities that are physically connected or planned for 
 connection, as of the date of enactment of this Act, to 
 water distribution facilities on the Navajo Reservation 
 in the State.
        (E) Water delivery contracts.--No water under 
 subparagraph
        (B) or
            (C) may be delivered until the 
 Navajo Nation and the Secretary have entered into the 
 appropriate water delivery contract described in 
 subsection

    (e) for the amount of water to be delivered, 
 which shall be consistent with the agreements described 
 in subparagraph
            (C) and permits described in 
 subparagraph
            (D) .
        (F) Prohibition on leasing and exchanges.--No water 
 diverted in or conveyed from New Mexico under this 
 subsection shall be leased or exchanged in the State.

    (2) Accounting of water diverted in new mexico for use in 
 arizona.--
        (A) In general.--Depletion of water that results 
 from the diversion of water from the San Juan River 
 system or underground basin in New Mexico for Use 
 within the State (including depletion incidental to the 
 storage in, diversion in, or conveyance from New Mexico 
 for Use in the State) shall be--
            (i) accounted as consumptive Use of Navajo 
 Nation Upper Basin Colorado River Water; and
            (ii) charged against Arizona Upper Basin 
 Colorado River Water.
        (B) Exception under later agreement.--If an 
 agreement is reached pursuant to paragraph

    (1)
            (C) 
            (ii) providing for forbearance or other mechanism to make 
 water available, the measure or accounting mechanism 
 provided for in accordance with subclause
            (II) of that 
 paragraph shall apply.

    (3) Requirements and accounting for water subject to the 
 navajo-utah water rights settlement diverted in new mexico for 
 use in utah.--
        (A) In general.--Any storage in, diversion in, and 
 conveyance of water from New Mexico for use in Utah 
 authorized under the Northwestern New Mexico Rural 
 Water Projects Act (Public Law 111-11; 123 Stat. 1367) 
 shall be--
            (i) subject to the same requirements for 
 accounting as provided in paragraph

    (2) , but 
 applicable to Utah; and
            (ii) charged against the Upper Basin 
 apportionment of the State of Utah under the 
 Colorado River Compact and the Upper Colorado 
 River Basin Compact of 1948.
        (B) Other requirements.--In addition to the 
 requirements under subparagraph
        (A) , the storage, 
 diversion, and conveyance of up to 2,000 AFY shall 
 require--
            (i) an appropriate permit from the New 
 Mexico State Engineer;
            (ii) coordination with the Utah State 
 Engineer as required by the Utah-Navajo Water 
 Rights Settlement and the Northwestern New 
 Mexico Rural Water Projects Act (Public Law 
 111-11; 123 Stat. 1367);
            (iii) an agreement between the Navajo 
 Nation and the State of New Mexico, acting 
 through its Interstate Stream Commission; and
            (iv) an agreement between the State of New 
 Mexico, acting through its Interstate Stream 
 Commission, and the State of Utah, to ensure 
 that the apportionments of the States of New 
 Mexico and Utah and rights under the Upper 
 Colorado River Basin Compact of 1948 are 
 preserved.

    (4) Navajo nation upper basin colorado river water diverted 
 in new mexico.--The Navajo Nation may not use, lease, contract, 
 exchange, forbear, or otherwise transfer any water from the San 
 Juan River system within the State of New Mexico for Use 
 directly or indirectly outside of New Mexico except--
        (A) by agreement of the State of New Mexico, acting 
 through its Interstate Stream Commission, based, in 
 whole or in part, on its determination that the rights 
 and entitlements of the State of New Mexico under the 
 Colorado River Compact and the Upper Colorado River 
 Basin Compact of 1948 are not adversely affected and 
 water uses within New Mexico are adequately protected;
        (B) by issuance of appropriate permits by the New 
 Mexico State Engineer; and
            (C) to allow the Navajo Nation to forbear pursuant 
 to 

section 10603
            (d) of the Northwestern New Mexico 
 Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1386)--
            (i) to enable delivery to the State of the 
 6,411 AFY described in paragraph

    (1)
        (B) ; and
            (ii) to enable delivery to Utah of up to 
 2,000 AFY described in paragraph

    (3) .

    (5) Protection of uses in new mexico.--As determined by the 
 State of New Mexico, acting through its Interstate Stream 
 Commission and its State Engineer, pursuant to this subsection, 
 storage, diversion, or conveyance of water in New Mexico for 
 Use in the State or Utah shall not adversely affect--
        (A) Water Rights or Uses in New Mexico; or
        (B) delivery of water under contracts entered into 
 under--
            (i) the Act of June 13, 1962 (Public Law 
 87-483; 76 Stat. 96); and
            (ii) New Mexico State Engineer File Nos. 
 2847, 2848, 2849, 2883, and 2917.

    (h) Conditions for Diversion of Navajo Nation Upper Basin Colorado 
River Water in Utah.--

    (1) Requirements for water diverted in utah for use in 
 arizona.--
        (A) In general.--Notwithstanding any other 
 provision of this Act, water shall not be stored in, 
 diverted in, and conveyed from Utah for Use by the 
 Navajo Nation in the State except in compliance with 
 this subsection.
        (B) Water provided under contract with the united 
 states.--If the Navajo Nation requests to divert a 
 portion of its Navajo Nation Upper Basin Colorado River 
 Water in Utah for Use in the State pursuant to a water 
 delivery contract with the United States, the Secretary 
 shall confer with Utah prior to executing that water 
 delivery contract to ensure compliance with the rights 
 and entitlements of Utah under the Upper Colorado River 
 Basin Compact of 1948 and Utah State law.
            (C) Water diverted on the navajo reservation.--
 Water may be diverted on the Navajo Reservation in Utah 
 for delivery to the Navajo Reservation in the State 
 once the Navajo Nation has obtained approval by the 
 Utah State Engineer through a diversion permit that 
 requires compliance with applicable Utah State law, 
 including the requirement to appropriately measure 
 diversions of water from the San Juan River system or 
 underground basins in Utah to ensure that diversion of 
 Navajo Nation Upper Basin Colorado River Water in Utah 
 for use in the State shall not adversely affect Water 
 Rights, Uses, or delivery of water in Utah.
            (D) Water diverted in utah off the navajo 
 reservation.--Navajo Nation Upper Basin Colorado River 
 Water may be diverted from a source off the Navajo 
 Reservation only in accordance with Utah State law.
        (E) Prohibition on leasing and exchanges.--No water 
 diverted in or conveyed from Utah from the San Juan 
 River under this paragraph shall be leased or exchanged 
 in Arizona.

    (2) Accounting of uses in arizona.--Depletion of water that 
 results from the diversion of Navajo Nation Upper Basin 
 Colorado River Water in Utah for Uses in the State (including 
 depletion incidental to storage, diversion, or conveyance of 
 water) shall be--
        (A) accounted as consumptive Use of Navajo Nation 
 Upper Basin Colorado River Water; and
        (B) charged against Arizona Upper Basin Colorado 
 River Water.
            (i) Water Uses in Utah by the Navajo Nation and the San Juan 
Southern Paiute Tribe.--

    (1) Water apportioned to utah.--The Navajo Nation or the 
 San Juan Southern Paiute Tribe may not use, lease, contract, 
 exchange, forbear, or otherwise transfer any water apportioned 
 to the State of Utah by the Colorado River Compact or the Upper 
 Colorado River Basin Compact of 1948 for Use directly or 
 indirectly outside of the State of Utah, except as provided for 
 in the Navajo-Utah Water Rights Settlement and subject to 
 subsection

    (g)

    (3) .

    (2) Continued applicability of the navajo-utah water rights 
 settlement.--Except as provided in subsection

    (g)

    (3) , nothing 
 in this Act modifies or is exempt from the terms of the Navajo-
 Utah Water Rights Settlement.

    (3) Applicability of the treaty.--Pursuant to section XV of 
 the Treaty, Water Rights for the San Juan Southern Paiute Tribe 
 in the San Juan Southern Paiute Northern Area shall be quit 
 claimed to the San Juan Southern Paiute Tribe by the Navajo 
 Nation on publication in the Federal Register under 

section 19

    (g)

    (1)
        (A) .

    (j) Use of the Colorado River Mainstream and San Juan River.--

    (1) In general.--The Secretary may use--
        (A) the Colorado River mainstream and dams and 
 works on the mainstream controlled or operated by the 
 United States, which regulate the flow of water in the 
 mainstream or the diversion of water from the 
 mainstream in the Upper Basin or the Lower Basin to 
 transport and deliver Navajo Nation Upper Basin 
 Colorado River Water, Hopi Tribe Upper Basin Colorado 
 River Water, Navajo Nation Cibola Water, Navajo Nation 
 Fourth Priority Water, and Hopi Tribe Cibola Water; and
        (B) the San Juan River and the dams and works 
 described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of 
 the Settlement Agreement to transport, store, and 
 deliver Navajo Nation Upper Basin Colorado River Water.

    (2) Navajo nation upper basin colorado river water; hopi 
 tribe upper basin colorado river water.--Navajo Nation Upper 
 Basin Colorado River Water or Hopi Tribe Upper Basin Colorado 
 River Water that enters the Lower Basin at Lee Ferry shall--
        (A) retain its character as Navajo Nation Upper 
 Basin Colorado River Water or Hopi Tribe Upper Basin 
 Colorado River Water; and
        (B) be accounted for separately by the Secretary in 
 a manner such that the Navajo Nation Upper Basin 
 Colorado River Water or the Hopi Tribe Upper Basin 
 Colorado River Water is not subject to paragraphs II
        (A) and II
        (B) of the Decree.

    (3) San juan river.--Navajo Nation Upper Basin Colorado 
 River Water that enters the San Juan River and the dams and 
 works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the 
 Settlement Agreement shall retain its character as Navajo 
 Nation Upper Basin Colorado River Water, but if Navajo Nation 
 Upper Basin Colorado River Water spills from dams on the San 
 Juan River described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 
 of the Settlement Agreement, that water shall become part of 
 the San Juan River system.

    (k) Acquisitions of Energy.--Power needed to deliver water to the 
Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe 
for projects constructed by the Tribes pursuant to the Settlement 
Agreement and this Act shall be acquired by the Tribes.
            (l) Reporting by Navajo Nation and Hopi Tribe.--

    (1) Navajo nation.--
        (A) In general.--Beginning on March 1 of the first 
 year following the year in which the Enforceability 
 Date occurs, and on March 1 of each year thereafter, 
 the Navajo Nation shall submit to the Arizona 
 Department of Water Resources a report describing--
            (i) the annual diversion amount, points of 
 diversion, and places of Use of Navajo Nation 
 Upper Basin Colorado River Water;
            (ii) the annual diversion amount, points of 
 diversion, and places of Use of Navajo Nation 
 Cibola Water;
            (iii) the annual diversion amount, point of 
 diversion, and places of Use of Navajo Nation 
 Fourth Priority Water;
            (iv) the location and annual amount of any 
 Off-Reservation storage of Navajo Nation Upper 
 Basin Colorado River Water, Navajo Nation 
 Cibola Water, and Navajo Nation Fourth Priority 
 Water;
            (v) the amount of any Off-Reservation 
 exchange involving Navajo Nation Upper Basin 
 Colorado River Water, Navajo Nation Cibola 
 Water, and Navajo Nation Fourth Priority Water; 
 and
            (vi) the location and annual amount of 
 Navajo Nation Upper Basin Colorado River Water, 
 Navajo Nation Cibola Water, and Navajo Nation 
 Fourth Priority Water leased Off-Reservation.
        (B) Measurement of diverted water.--
            (i) In general.--In order to accurately 
 measure the flow of water diverted in the Upper 
 Basin for Use by the Navajo Nation in the 
 State, the Navajo Nation shall install suitable 
 measuring devices at or near each point of 
 diversion of Navajo Nation Upper Basin Colorado 
 River Water, Navajo Nation Cibola Water, and 
 Navajo Nation Fourth Priority Water from the 
 Colorado River's mainstem in the Upper Basin 
 and the San Juan River in the Upper Basin.
            (ii) Notification.--The Navajo Nation shall 
 notify the Arizona Department of Water 
 Resources, in writing, of any annual reporting 
 conflicts between the Bureau, the Navajo 
 Nation, or the Upper Colorado River Commission 
 prior to the completion by the Bureau of the 
 annual ``Colorado River Accounting and Water 
 Use Report for the Lower Basin''.

    (2) Hopi tribe.--
        (A) In general.--Beginning on March 1 of the first 
 year following the year in which the Enforceability 
 Date occurs, and on March 1 of each year thereafter, 
 the Hopi Tribe shall submit to the Arizona Department 
 of Water Resources a report describing--
            (i) the annual diversion amount, points of 
 diversion, and places of Use of Hopi Tribe 
 Upper Basin Colorado River Water;
            (ii) the annual diversion amount, points of 
 diversion, and places of Use of Hopi Tribe 
 Cibola Water;
            (iii) the location and annual amount of any 
 Off-Reservation storage of Hopi Tribe Upper 
 Basin Colorado River Water and Hopi Tribe 
 Cibola Water;
            (iv) the amount of any Off-Reservation 
 exchange involving Hopi Tribe Upper Basin 
 Colorado River Water or Hopi Tribe Cibola 
 Water; and
            (v) the location and annual amount of Hopi 
 Tribe Upper Basin Colorado River Water and Hopi 
 Tribe Cibola Water leased Off-Reservation.
        (B) Measurement of diverted water.--
            (i) In general.--In order to accurately 
 measure the flow of water diverted in the Upper 
 Basin for Use by the Hopi Tribe in the State, 
 the Hopi Tribe shall install suitable measuring 
 devices at or near each point of diversion of 
 Hopi Tribe Upper Basin Colorado River Water and 
 Hopi Tribe Cibola Water from the Colorado 
 River's mainstem in the Upper Basin.
            (ii) Notification.--The Hopi Tribe shall 
 notify the Arizona Department of Water 
 Resources, in writing, of any annual reporting 
 conflicts between the Bureau, the Hopi Tribe, 
 or the Upper Colorado River Commission prior to 
 the completion by the Bureau of the annual 
 ``Colorado River Accounting and Water Use 
 Report for the Lower Basin''.
            (m) Upper Basin Protections; Consultations.--In any formal 
consultation carried out pursuant to 

section 7

    (a) of the Endangered 
Species Act of 1973 (16 U.S.C. 1536

    (a) ) on or after the date of 
enactment of this Act with respect to water development in the San Juan 
River Basin, the provisions of 

section 5 of the document entitled 
``Principles for Conducting Endangered Species Act Formal 

Section 7 
Consultations on Water Development and Water Management Projects 
Affecting Endangered Fish Species in the San Juan River Basin'', 
including revisions to that document approved by the Coordination 
Committee, San Juan River Basin Recovery Implementation Program, and 
dated August 2022 shall apply.

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

    (a) In General.--Subject to approval by the Secretary--

    (1) except as prohibited in subsections

    (g)

    (1)
        (F) and

    (h)

    (1)
        (E) of 

section 6, the Navajo Nation may enter into 
 leases, or options to lease, or exchanges, or options to 
 exchange, Navajo Nation Upper Basin Colorado River Water, 
 Navajo Nation Cibola Water, and Navajo Nation Fourth Priority 
 Water, for Use and storage in the State, in accordance with the 
 Settlement Agreement and all applicable Federal and State laws 
 governing the transfer of Colorado River Water entitlements 
 within the State; and

    (2) the Hopi Tribe may enter into leases, or options to 
 lease, or exchanges, or options to exchange, Hopi Tribe Upper 
 Basin Colorado River Water and Hopi Tribe Cibola Water for Use 
 and storage in the State, in accordance with the Settlement 
 Agreement and all applicable Federal and State laws governing 
 the transfer of Colorado River Water entitlements within the 
 State.

    (b) Terms of Leases and Exchanges.--

    (1) On-reservation leasing.--
        (A) In general.--The Navajo Nation may lease the 
 Navajo Nation Upper Basin Colorado River Water, the 
 Navajo Nation Cibola Water, and the Navajo Nation 
 Fourth Priority Water for Use or storage on the Navajo 
 Reservation and the Hopi Tribe may lease Hopi Tribe 
 Upper Basin Colorado River Water and Hopi Tribe Cibola 
 Water for Use or storage on the Hopi Reservation.
        (B) Requirements.--A lease or option to lease under 
 subparagraph
        (A) shall be subject to--
            (i) the leasing regulations of the Navajo 
 Nation or Hopi Tribe, as applicable; and
            (ii) subsections

    (a) and

    (e) of the first 
 section of the Act of August 9, 1955 (69 Stat. 
 539, chapter 615; 25 U.S.C. 415) (commonly 
 known as the ``Long-Term Leasing Act'').

    (2) Exchanges and off-reservation leasing.--
        (A) Navajo nation leasing.--
            (i) In general.--Subject to approval by the 
 Secretary for an Off-Reservation lease, the 
 Navajo Nation may lease--
            (I) Navajo Nation Cibola Water and 
 Navajo Nation Fourth Priority Water for 
 Use or storage off of the Navajo 
 Reservation anywhere within the Lower 
 Basin within the State; and
            (II) except as provided in 
 subsections

    (g)

    (1)
        (F) and

    (h)

    (1)
        (E) of 
 

section 6 and the NAIWRSA System 
 Conservation Program agreements 
 described in subsection
            (c) (4)
            (C) 
            (i) 
            (II) of that section, 
 Navajo Nation Upper Basin Colorado 
 River Water anywhere in the State in 
 accordance with the Settlement 
 Agreement and all applicable Federal 
 and State laws governing the transfer 
 of Navajo Nation Upper Basin Colorado 
 River Water within the State.
            (ii) Limitation.--No action by the Navajo 
 Nation under clause
            (i) 
            (II) relating to NAIWRSA 
 System Conservation Programs or leasing shall 
 modify the obligations of the Navajo Nation to 
 deliver up to 350 AFY to the San Juan Southern 
 Paiute Tribe pursuant to paragraph 6.3.1 of the 
 Settlement Agreement.
        (B) Hopi tribe leasing.--Subject to approval by the 
 Secretary for an Off-Reservation lease, the Hopi Tribe 
 may lease--
            (i) Hopi Tribe Cibola Water for Use or 
 storage off of the Hopi Reservation anywhere 
 within the Lower Basin within the State; and
            (ii) except as provided in the NAIWRSA 
 System Conservation Program agreement described 
 in 

section 6
            (c) (4)
            (C) 
            (i) 
            (II) , Hopi Tribe Upper 
 Basin Colorado River Water for Use or storage 
 off of the Hopi Reservation anywhere in the 
 State in accordance with the Settlement 
 Agreement and all applicable Federal and State 
 laws governing the transfer of Hopi Tribe Upper 
 Basin Colorado River Water within the State.
            (C) Term of leases and exchanges.--
            (i) Leases.--
            (I) 100-year term.--A contract to 
 lease and an option to lease off of the 
 Reservation under subparagraph
        (A)
            (i) 
            (I) or
        (B)
            (i) , as applicable, 
 shall be for a term not to exceed 100 
 years.
            (II) 40-year term.--A contract to 
 lease and an option to lease off of the 
 Reservation under subparagraph
        (A)
            (i) 
            (II) or
        (B)
            (ii) , as applicable, 
 shall be for a term not to exceed 40 
 years.
            (ii) Exchanges.--An exchange or option to 
 exchange shall be for the term provided for in 
 the exchange or option, as applicable.
            (D) Lease period.--
            (i) No limitations.--There shall be no 
 limitations on the Lease Period for--
            (I) Navajo Nation Cibola Water, 
 Navajo Nation Fourth Priority Water, 
 and Hopi Tribe Cibola Water that is 
 diverted from the Colorado River 
 downstream of Lee Ferry; and
            (II) Navajo Nation Upper Basin 
 Colorado River Water and Hopi Tribe 
 Upper Basin Colorado River Water leased 
 for Use on the Navajo Reservation and 
 Hopi Reservation, as applicable.
            (ii) Other lease periods.--The Navajo 
 Nation and the Hopi Tribe are authorized to 
 lease Navajo Nation Upper Basin Colorado River 
 Water and Hopi Tribe Upper Basin Colorado River 
 Water in the Lower Basin in the State in 
 accordance with the following:
            (I) During the first 20 years after 
 the Enforceability Date, the Navajo 
 Nation may lease up to 16,214.55 AFY 
 and the Hopi Tribe may lease up to 
 835.45 AFY for an annual cumulative 
 total of 17,050 AFY in the Lower Basin.
            (II) Notwithstanding subclause
            (I) , 
 retaining the annual cumulative total 
 of 17,050 AFY leased in the Lower 
 Basin, the ability of the Navajo Nation 
 to lease Navajo Nation Upper Basin 
 Colorado River Water shall be increased 
 by, and the ability of the Hopi Tribe 
 to lease Hopi Tribe Upper Basin 
 Colorado River Water shall be reduced 
 by, an amount equal to the additional 
 System Eligible Conservation Water that 
 the Navajo Nation delivers to the 
 Secretary in accordance with 

section 6
            (c) (4)
            (C) 
            (i) 
            (III) (bb) .
            (III) Beginning 20 years after the 
 Enforceability Date, the Navajo Nation 
 and the Hopi Tribe may lease its 
 available Navajo Nation Upper Basin 
 Colorado River Water and Hopi Tribe 
 Upper Basin Colorado River Water until 
 such time as the iina ba - pa 
 tuwaqat'si pipeline has been completed 
 and all the projects described in the 
 Navajo Nation Water Projects Trust Fund 
 and the Hopi Tribe Groundwater Projects 
 Trust Fund, as the projects are further 
 described in paragraphs 12.2.1 and 
 12.3.1 of the Settlement Agreement, 
 have been completed, as determined by 
 the Navajo Nation and the Hopi Tribe.
            (IV) Once all the projects 
 described in subclause
            (III) have been 
 completed for their respective 
 projects, as determined by the Navajo 
 Nation and the Hopi Tribe, the Navajo 
 Nation and the Hopi Tribe shall 
 determine whether revenues from leasing 
 are necessary to meet the OM&R costs 
 of--

    (aa) the projects described 
 in paragraphs 12.2.1 and 12.3.1 
 of the Settlement Agreement; 
 and

    (bb) the iina ba - pa 
 tuwaqat'si pipeline.
            (V) If the Navajo Nation and the 
 Hopi Tribe continue to require revenues 
 from leasing to meet the OM&R expenses 
 described in subclause
            (IV) , the Navajo 
 Nation and the Hopi Tribe may continue 
 to lease the Navajo Nation Upper Basin 
 Colorado River Water and Hopi Tribe 
 Upper Basin Colorado River Water to 
 meet those OM&R expenses.
            (iii) Savings provision.--Nothing in this 
 subparagraph requires the early termination of 
 any lease entered into during the Lease Period 
 and authorized by this Act at the time the 
 lease was executed.

    (3) Requirements for all contracts to lease and contracts 
 to exchange.--All contracts to lease or exchange Navajo Nation 
 Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
 Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
 Colorado River Water, and Hopi Tribe Cibola Water shall--
        (A) identify the places of Use of the water, the 
 purpose of the Uses of the water during the term of the 
 contract, the mechanisms for delivery of the water, and 
 each point of diversion under the contract; and
        (B) provide that the water received from the Navajo 
 Nation or the Hopi Tribe, as applicable, shall be used 
 in accordance with applicable law.

    (4) No conflict with settlement agreement or this act.--A 
 contract to lease or exchange Navajo Nation Upper Basin 
 Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
 Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
 Water, or Hopi Tribe Cibola Water shall not conflict with the 
 Settlement Agreement or this Act.
            (c) Prohibition on Permanent Alienation.--No Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or 
Hopi Tribe Cibola Water may be permanently alienated.
            (d) Entitlement To Lease and Exchange Monies.--

    (1) Entitlement.--The Navajo Nation or the Hopi Tribe, as 
 applicable, shall be entitled to all consideration due to the 
 Navajo Nation or Hopi Tribe under any lease, option to lease, 
 exchange, or option to exchange Navajo Nation Upper Basin 
 Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
 Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
 Water, or Hopi Tribe Cibola Water entered into by the Navajo 
 Nation or the Hopi Tribe.

    (2) Exclusion.--The United States shall not, in any 
 capacity, be entitled to the consideration described in 
 paragraph

    (1) .

    (3) Obligation of the united states.--The United States 
 shall not, in any capacity, have any trust or other obligation 
 to monitor, administer, or account for, in any manner, any 
 funds received by the Navajo Nation or the Hopi Tribe as 
 consideration under any lease, option to lease, exchange, or 
 option to exchange Navajo Nation Upper Basin Colorado River 
 Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
 Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
 and Hopi Tribe Cibola Water entered into by the Navajo Nation 
 or the Hopi Tribe.

    (e) Delivery of Colorado River Water to Lessees.--All lessees of 
Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall pay all OM&R 
charges, all energy charges, and all other applicable charges 
associated with the delivery of the leased water.

    (f) Delivery of Colorado River Water Through the CAP System.--

    (1) CAWCD approval.--The Navajo Nation, the Hopi Tribe, or 
 any person who leases Navajo Nation Upper Basin Colorado River 
 Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
 Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
 and Hopi Tribe Cibola Water under subsection

    (a) may transport 
 that Navajo Nation Upper Basin Colorado River Water, Navajo 
 Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
 Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola 
 Water, as applicable, through the CAP system in accordance with 
 all laws of the United States and the agreements between the 
 United States and CAWCD governing the use of the CAP system to 
 transport water other than CAP water, including payment of 
 applicable charges.

    (2) Lessee responsibility for charges.--Any lease or option 
 to lease providing for the temporary delivery of Navajo Nation 
 Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
 Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
 Colorado River Water, and Hopi Tribe Cibola Water through the 
 CAP system shall require the lessee to pay the CAP operating 
 agency all CAP fixed OM&R charges and all CAP pumping energy 
 charges associated with the delivery of the leased water, and 
 other applicable charges.

    (3) No responsibility for payment.--The Navajo Nation, the 
 Hopi Tribe, and the United States acting in any capacity shall 
 not be responsible for the payment of any charges associated 
 with the delivery of Colorado River Water leased to others.

    (4) Payment in advance.--No leased Navajo Nation Upper 
 Basin Colorado River Water, Navajo Nation Cibola Water, Navajo 
 Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado 
 River Water, or Hopi Tribe Cibola Water shall be delivered 
 through the CAP system unless the CAP fixed OM&R charges, the 
 CAP pumping energy charges, and other applicable charges 
 associated with the delivery of that Navajo Nation Upper Basin 
 Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
 Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
 Water, or Hopi Tribe Cibola Water, as applicable, have been 
 paid in advance.

    (5) Calculation.--The charges for delivery of Navajo Nation 
 Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
 Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
 Colorado River Water, and Hopi Tribe Cibola Water delivered 
 through the CAP system pursuant to a lease shall be calculated 
 in accordance with the agreements between the United States and 
 CAWCD governing the use of the CAP system to transport water 
 other than CAP water.

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

    (a) Iina ba - Paa Tuwaqat'si Pipeline.--

    (1) Planning, design, and construction of the iina ba - paa 
 tuwaqat'si pipeline.--
        (A) In general.--The Secretary, acting through the 
 Commissioner of Reclamation, shall plan, design, and 
 construct the iina ba - paa tuwaqat'si pipeline in 
 accordance with subparagraph
            (C) , including all 
 necessary power transmission facilities, power 
 substations, power distribution systems, and associated 
 wheeling services to connect the facilities of the iina 
 ba - paa tuwaqat'si pipeline to new or existing high-
 voltage transmission facilities and deliver power.
        (B) Project construction committee.--
            (i) In general.--Prior to the start of the 
 feasibility study required under subparagraph
            (C) 
            (ii) , the Secretary shall form a Project 
 Construction Committee (referred to in this 
 subparagraph as the ``Committee'').
            (ii) Members.--The Committee shall consist 
 of representatives from the Bureau and the 
 Bureau of Indian Affairs and members selected 
 by each of the Navajo Nation, the Hopi Tribe, 
 and the San Juan Southern Paiute Tribe for 
 purposes of assisting the Secretary with 
 planning, designing, and constructing the iina 
 ba - paa tuwaqat'si pipeline, including--
            (I) to review cost factors and 
 budgets for construction and operation 
 and maintenance activities;
            (II) to improve construction 
 management through enhanced 
 communication; and
            (III) to seek additional ways to 
 reduce overall iina ba - paa tuwaqat'si 
 pipeline costs.
            (iii) Design and construction 
 consultation.--The Secretary shall consult with 
 the Committee during each phase--
            (I) of design described in 
 subparagraph
            (C) ; and
            (II) of construction of the iina ba 
 - paa tuwaqat'si pipeline.
            (iv) Recommendations.--
            (I) In general.--At the sole 
 discretion of the Secretary, the 
 Secretary may rely on recommendations 
 made by the Committee, subject to the 
 condition that the recommendations are 
 consistent with the design as described 
 in clauses
            (i) and
            (ii) of subparagraph
            (C) .
            (II) Hopi tribe.--To the extent the 
 Committee recommendations involve a 
 portion of the iina ba - paa tuwaqat'si 
 pipeline to which the Hopi Tribe will 
 hold title after title transfer as 
 described in paragraph

    (3)
        (B)
            (ii) , the 
 Secretary shall give greater weight to 
 the recommendations of the 
 representatives of the Hopi Tribe on 
 the Committee.
            (III) Navajo nation.--To the extent 
 the Committee recommendations involve a 
 portion of the iina ba - paa tuwaqat'si 
 pipeline to which the Navajo Nation 
 will hold title after title transfer as 
 described in paragraph

    (3)
        (B)
            (i) , the 
 Secretary shall give greater weight to 
 the recommendations of the 
 representatives of the Navajo Nation on 
 the Committee.
            (C) Design.--
            (i) In general.--Unless modified pursuant 
 to clauses
            (iii) and
            (iv) , the iina ba - paa 
 tuwaqat'si pipeline shall be substantially 
 configured as Alternative 5, Option B-100 
 described in the report of the Bureau entitled 
 ``Navajo-Hopi Value Planning Study--Arizona'' 
 and dated October 2020.
            (ii) Feasibility study.--After the date of 
 enactment of this Act, the Bureau shall 
 complete a feasibility study of the iina ba - 
 paa tuwaqat'si pipeline substantially 
 configured as Alternative 5, Option B-100 
 described in the report of the Bureau entitled 
 ``Navajo-Hopi Value Planning Study--Arizona'' 
 and dated October 2020, which shall include 
 feasibility-level design and cost estimates and 
 a construction phasing plan.
            (iii) Value planning.--
            (I) In general.--On completion of 
 the feasibility study described in 
 clause
            (ii) , the Secretary shall 
 consult with the Navajo Nation and the 
 Hopi Tribe to determine whether to 
 complete a value planning study of the 
 iina ba - paa tuwaqat'si pipeline to 
 identify and analyze potential lower-
 cost modifications to substantially 
 meet the existing Alternative 5, Option 
 B-100 configuration described in that 
 clause.
            (II) Value planning team.--If a 
 value planning study is initiated under 
 subclause
            (I) , a value planning team 
 shall include the Project Construction 
 Committee formed pursuant to 
 subparagraph
        (B) .
            (III) Consensus.--

    (aa) In general.--To the 
 extent practicable, the Navajo 
 Nation, the Hopi Tribe, the San 
 Juan Southern Paiute Tribe, and 
 the Secretary shall strive for 
 consensus on selection of a 
 preferred alternative for the 
 Bureau to initiate the final 
 design process of the iina ba - 
 paa tuwaqat'si pipeline.

    (bb) Decision by 
 secretary.--If consensus cannot 
 be reached on a preferred 
 alternative under item

    (aa) , 
 the decision for the preferred 
 alternative shall be made by 
 the Secretary.
            (iv) Value engineering and design 
 modifications.--
            (I) Value engineering.--

    (aa) In general.--A value 
 engineering study based on 
 achieving the essential 
 functions at the lowest life 
 cycle cost consistent with 
 required performance, 
 reliability, quality, and 
 safety shall be completed in 
 accordance with Bureau Manual 
 Policy, Performing Designs and 
 Construction Activities (FAC 
 P03) for each phase of the iina 
 ba - paa tuwaqat'si pipeline 
 project at the 30 percent 
 design stage.

    (bb) Value engineering 
 team.--A value engineering team 
 shall include the Project 
 Construction Committee formed 
 pursuant to subparagraph
        (B) .
            (II) Prior to 60 percent design.--

    (aa) In general.--At any 
 time prior to completion of 60 
 percent design for each phase 
 of the iina ba - paa tuwaqat'si 
 pipeline project, the Navajo 
 Nation and the Hopi Tribe may 
 request modifications of the 
 design described in this 
 subparagraph, subject to the 
 condition that the proposed 
 design modifications are 
 approved by the Bureau.

    (bb) Deviation.--If a 
 requested modification 
 described in item

    (aa) deviates 
 from the design criteria of the 
 Bureau, the modification shall 
 be considered in accordance 
 with the provisions of Bureau 
 Manual Policy, Performing 
 Designs and Construction 
 Activities (FAC P03).
            (III) After completion of 60 
 percent design.--The design for each 
 phase of the iina ba - paa tuwaqat'si 
 pipeline project shall not be modified 
 further after review of the 60 percent 
 design plan unless the modification is 
 made by the Secretary.
            (D) Existing components.--The iina ba - paa 
 tuwaqat'si pipeline may include, at the sole discretion 
 of the Secretary after consultation with the Navajo 
 Nation or the Hopi Tribe, components that have already 
 been built or acquired by the Navajo Nation or the Hopi 
 Tribe as a contribution by the Navajo Nation or the 
 Hopi Tribe towards the cost of planning, designing, and 
 constructing the iina ba - paa tuwaqat'si pipeline.
        (E) Use of pipeline.--The iina ba - paa tuwaqat'si 
 pipeline shall deliver potable water for domestic, 
 commercial, municipal, and industrial Uses and be 
 capable of delivering from Lake Powell--
            (i) up to 7,100 AFY of potable Colorado 
 River Water to the Navajo Nation for Use in 
 delivering up to 6,750 AFY to serve Navajo 
 communities and up to 350 AFY to serve the San 
 Juan Southern Paiute Southern Area; and
            (ii) up to 3,076 AFY of potable Colorado 
 River Water to the Hopi Tribe for Use in 
 delivering up to 3,076 AFY to serve Hopi 
 communities.
        (F) Commencement of construction.--The Secretary 
 shall not begin construction of the iina ba - paa 
 tuwaqat'si pipeline until--
            (i) the design studies described in 
 subparagraph
            (C) and final design for the first 
 phase of the iina ba - paa tuwaqat'si pipeline 
 project are complete;
            (ii) the Secretary, the Navajo Nation, and 
 the Hopi Tribe execute a Cost-Sharing and 
 System Integration Agreement that--
            (I) based on the final design in 
 accordance with subparagraph
            (C) , 
 describes the design, location, 
 capacity, and management of operations 
 of the iina ba - paa tuwaqat'si 
 pipeline, including distribution of 
 water to customers;
            (II) describes the process for 
 acquisition of rights-of-way for the 
 iina ba - paa tuwaqat'si pipeline 
 described in subsection

    (b) ;
            (III) allocates the costs of the 
 iina ba - paa tuwaqat'si pipeline, 
 taking into consideration--

    (aa) cost of planning, 
 design, and construction;

    (bb) cost of the operation, 
 maintenance, and repair of the 
 iina ba - paa tuwaqat'si 
 pipeline before title transfer 
 to the Navajo Nation or the 
 Hopi Tribe pursuant to 
 paragraph

    (3) ; and
            (cc) how existing 
 components will be considered 
 as contributions by the Navajo 
 Nation or Hopi Tribe as 
 described in subparagraph
            (D) ; 
 and
            (IV) describes construction 
 phasing, including transfer of 
 operations and maintenance for such 
 phasing, as agreed to by the Secretary, 
 the Navajo Nation, and the Hopi Tribe, 
 with the Secretary deciding on phasing 
 if an agreement is not reached; and
            (iii) environmental compliance as described 
 in 

section 4
            (c) is complete for the iina ba - 
 paa tuwaqat'si pipeline.

    (2) Phased transfer of operations & maintenance.--
        (A) In general.--
            (i) In general.--On completion of 
 construction of a phase of the iina ba - paa 
 tuwaqat'si pipeline, as described in the Cost-
 Sharing and System Integration Agreement 
 described in paragraph

    (1)
        (F)
            (ii) and on a 
 finding of substantial completion of the phase, 
 the Secretary may transfer operations and 
 maintenance responsibility for the phase to the 
 appropriate entity.
            (ii) Contract.--The Secretary shall enter 
 into an operations and maintenance contract 
 consistent with this Act and Bureau policy for 
 the purposes of compliance with clause
            (i) .
            (iii) Title transfer.--Title to a phase of 
 the iina ba - paa tuwaqat'si pipeline shall not 
 transfer until substantial completion of the 
 entire iina ba - paa tuwaqat'si pipeline in 
 accordance with paragraph

    (3)
        (B) .
        (B) Phased findings of substantial completion.--For 
 purposes of this paragraph, substantial completion of 
 each phase of the iina ba - paa tuwaqat'si pipeline 
 shall be determined in accordance with Bureau Manual 
 Policy, Performing Designs and Construction Activities 
 (FAC P03).

    (3) Ownership.--
        (A) In general.--The iina ba - paa tuwaqat'si 
 pipeline shall be owned by the United States during 
 construction of the iina ba - paa tuwaqat'si pipeline.
        (B) Transfer of ownership.--On substantial 
 completion of the iina ba - paa tuwaqat'si pipeline, in 
 accordance with paragraph

    (4) , the Secretary shall--
            (i) transfer title to the applicable 
 section of the iina ba - paa tuwaqat'si 
 pipeline on the Navajo Reservation, except that 
 section that lies on the Navajo Reservation 
 between Moenkopi and the boundary of the 1882 
 Reservation, to the Navajo Nation; and
            (ii) transfer title to the applicable 
 section of the iina ba - paa tuwaqat'si 
 pipeline on the Hopi Reservation, and the 
 section of the iina ba - paa tuwaqat'si 
 pipeline that lies on the Navajo Reservation 
 between Moenkopi and the boundary of the 1882 
 Reservation and the right-of-way for that 
 section of the iina ba - paa tuwaqat'si 
 pipeline, to the Hopi Tribe.

    (4) Substantial completion.--
        (A) In general.--For purposes of paragraph

    (3)
        (B) , 
 the Secretary shall determine that the iina ba - paa 
 tuwaqat'si pipeline is substantially complete if--
            (i) the infrastructure constructed is 
 capable of storing, diverting, treating, 
 transmitting, and distributing a supply of 
 water to the Navajo Nation, the Hopi Tribe, and 
 the San Juan Southern Paiute Southern Area as 
 described in the iina ba - paa tuwaqat'si 
 pipeline design described in paragraph

    (1)
            (C) ; 
 or
            (ii) the Secretary--
            (I) diligently proceeds to complete 
 the final design and construct the iina 
 ba - paa tuwaqat'si pipeline--

    (aa) by the deadline 
 described in subparagraph
        (B) ; 
 or

    (bb) if the deadline 
 described in subparagraph
        (B) is extended pursuant to 
 subparagraph
            (C) , by the 
 extended deadline;
            (II) expends all of the available 
 funding provided to construct the iina 
 ba - paa tuwaqat'si pipeline under 
 

section 13

    (a) and any funding provided 
 by the Navajo Nation or Hopi Tribe 
 pursuant to sections 10

    (j) and 11

    (j) ; 
 and
            (III) despite diligent efforts 
 cannot complete construction of the 
 iina ba - paa tuwaqat'si pipeline in 
 accordance with paragraph

    (1)
            (C) due 
 solely to the lack of authorized 
 funding.
        (B) Deadline.--Not later than December 31, 2040, 
 the construction of the iina ba - paa tuwaqat'si 
 pipeline in accordance with paragraph

    (1)
            (C) shall be 
 substantially completed, in accordance with 
 subparagraph
        (A) .
            (C) Extension.--The deadline described in 
 subparagraph
        (B) may be extended through written 
 agreement if the Navajo Nation, Hopi Tribe, and the 
 Secretary agree than an extension is reasonably 
 necessary.

    (5) Liability.--
        (A) In general.--Effective on the date of the 
 transfer of ownership of the iina ba - paa tuwaqat'si 
 pipeline pursuant to paragraph

    (3)
        (B) , the United 
 States shall not be held liable by any court for 
 damages of any kind arising out of any act, omission, 
 or occurrence relating to the land, buildings, or 
 facilities conveyed under this subsection, other than 
 damages caused by acts of negligence committed by the 
 United States, or by employees or agents of the United 
 States, prior to the date of conveyance.
        (B) Savings provision.--Nothing in this section 
 increases the liability of the United States beyond the 
 liability provided in chapter 171 of title 28, United 
 States Code (commonly known as the ``Federal Tort 
 Claims Act'').

    (6) Operation.--
        (A) Project operations generally.--
            (i) Navajo nation operation.--The Navajo 
 Nation shall operate the section of the iina ba 
 - paa tuwaqat'si pipeline that delivers water 
 to the Navajo communities, other than Coal Mine 
 Mesa, and that may deliver water through the 
 iina ba - paa tuwaqat'si pipeline to the San 
 Juan Southern Paiute Tribe.
            (ii) Hopi tribe operation.--The Hopi Tribe 
 shall operate the section of the iina ba - paa 
 tuwaqat'si pipeline that delivers water to 
 Moenkopi, the 1882 Reservation, and the Navajo 
 community of Coal Mine Mesa.
        (B) Project operation committee.--Prior to the 
 start of the first construction phase of the iina ba - 
 paa tuwaqat'si pipeline, the Secretary shall form a 
 Project Operation Committee consisting of members 
 selected by each of the Navajo Nation and the Hopi 
 Tribe to develop a project operations agreement to be 
 executed by the Navajo Nation and the Hopi Tribe, after 
 review by the Secretary, prior to the transfer of 
 operations and maintenance of any phase of the iina ba 
 - paa tuwaqat'si pipeline in accordance with paragraph

    (2) .
            (C) Project operations agreement.--The project 
 operations agreement referred to in subparagraph
        (B) shall describe all terms and conditions necessary for 
 long-term operations of the iina ba - paa tuwaqat'si 
 pipeline, consistent with subparagraph
        (A) , including--
            (i) distribution of water;
            (ii) responsibility for maintenance of the 
 iina ba - paa tuwaqat'si pipeline or section of 
 the iina ba - paa tuwaqat'si pipeline;
            (iii) the allocation and payment of annual 
 OM&R costs of the iina ba - paa tuwaqat'si 
 pipeline or section of the iina ba - paa 
 tuwaqat'si pipeline based on the proportionate 
 uses and ownership of the iina ba - paa 
 tuwaqat'si pipeline;
            (iv) the process for transfer of operations 
 and maintenance of a phase of the iina ba - paa 
 tuwaqat'si pipeline in accordance with 
 paragraph

    (2) ; and
            (v) a right to sue in a district court of 
 the United States to enforce the project 
 operations agreement.

    (b) Tribal Easements and Rights-of-Way.--

    (1) Rights-of-way.--
        (A) In general.--In partial consideration for the 
 funding provided under 

section 13, the Navajo Nation, 
 the Hopi Tribe, and the San Juan Southern Paiute Tribe 
 shall each timely consent to the grant of rights-of-way 
 as described in, and in accordance with, subparagraphs 
 12.5.1, 12.5.2, and 12.5.3 of the Settlement Agreement.
        (B) No cost to the united states.--Rights-of-way 
 described in subparagraph
        (A) shall be at no cost to 
 the United States.

    (2) Legal devices.--With the consent of each affected 
 Tribe, the Secretary may enter into legal devices, other than 
 rights-of-way, such as construction corridors agreements, 
 without cost to the United States, when operating within the 
 jurisdiction of the Navajo Nation, Hopi Tribe, or San Juan 
 Southern Paiute Tribe in furtherance of the planning, design, 
 and construction of the iina ba - paa tuwaqat'si pipeline.

    (3) Authorization and granting of rights-of-way.--The 
 Secretary shall grant the rights-of-way consented to by the 
 Tribes under paragraph

    (1) .
            (c) Applicability of the Indian Self-Determination and Education 
Assistance Act.--The Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5301 et seq.) shall not apply to the design, 
construction, operation, maintenance, or replacement of the iina ba - 
paa tuwaqat'si pipeline.

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

    (a) Establishment.--The Secretary shall establish a non-trust, 
interest-bearing account, to be known as the ``iina ba - paa tuwaqat'si 
pipeline Implementation Fund Account'', to be managed and distributed 
by the Secretary, for use by the Secretary in carrying out this Act.

    (b) Deposits.--The Secretary shall deposit in the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account the amounts made 
available pursuant to 

section 13

    (a)

    (1) .
            (c) Uses.--The iina ba - paa tuwaqat'si pipeline Implementation 
Fund Account shall be used by the Secretary to carry out 

section 8, 
including the acquisition of power.
            (d) Interest.--In addition the amounts deposited in the iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account under subsection

    (b) , any investment earnings, including interest credited to amounts 
unexpended in the iina ba - paa tuwaqat'si pipeline Implementation Fund 
Account, are authorized to be appropriated to be used in accordance 
with the uses described in subsection
            (c) .

SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Navajo Nation, to be known as the ``Navajo Nation Water Settlement 
Trust Fund,'' to be managed, invested, and distributed by the Secretary 
and to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Navajo Nation Water Settlement Trust Fund under subsection
            (c) , 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.

    (b) Accounts.--The Secretary shall establish in the Navajo Nation 
Water Settlement Trust Fund the following accounts:

    (1) The Navajo Nation Water Projects Trust Fund Account.

    (2) The Navajo Nation OM&R Trust Fund Account.

    (3) The Navajo Nation Agricultural Conservation Trust Fund 
 Account.

    (4) The Navajo Nation Renewable Energy Trust Fund Account.

    (5) The Navajo Nation Lower Basin Colorado River Water 
 Acquisition Trust Fund Account.

    (6) The Navajo Nation System Conservation Trust Fund 
 Account.
            (c) Deposits.--The Secretary shall deposit--

    (1) in the Navajo Nation Water Projects Trust Fund Account, 
 the amounts made available pursuant to subparagraph
        (A)
            (i) of 
 

section 13

    (b)

    (3) ;

    (2) in the Navajo Nation OM&R Trust Fund Account, the 
 amounts made available pursuant to subparagraph
        (A)
            (ii) of that 
 section;

    (3) in the Navajo Nation Agricultural Conservation Trust 
 Fund Account, the amounts made available pursuant to 
 subparagraph
        (A)
            (iii) of that section;

    (4) in the Navajo Nation Renewable Energy Trust Fund 
 Account, the amounts made available pursuant to subparagraph
        (A)
            (iv) of that section;

    (5) in the Navajo Nation Lower Basin Colorado River Water 
 Acquisition Trust Fund Account, the amounts made available 
 pursuant to subparagraph
        (A)
            (v) of that section; and

    (6) in the Navajo Nation System Conservation Trust Fund 
 Account, the amounts made available pursuant to subparagraph
        (A)
            (vi) of that section.
            (d) Management and Interest.--

    (1) Management.--On receipt and deposit of the funds into 
 the accounts in the Navajo Nation Water Settlement Trust Fund 
 Accounts pursuant to subsection
            (c) , the Secretary shall 
 manage, invest, and distribute all amounts in the Navajo Nation 
 Water Settlement Trust Fund in a manner that is consistent with 
 the investment authority of the Secretary under--
        (A) the first section of the Act of June 24, 1938 
 (25 U.S.C. 162a);
        (B) the American Indian Trust Fund Management 
 Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
            (C) this subsection.

    (2) Investment earnings.--In addition to the deposits made 
 to the Navajo Nation Water Settlement Trust Fund under 
 subsection
            (c) , any investment earnings, including interest, 
 credited to amounts held in the Navajo Nation Water Settlement 
 Trust Fund are authorized to be appropriated to be used in 
 accordance with subsection

    (f) .

    (e) Withdrawals.--

    (1) American indian trust fund management reform act of 
 1994.--
        (A) In general.--The Navajo Nation may withdraw any 
 portion of the amounts in the Navajo Nation Water 
 Settlement Trust Fund on approval by the Secretary of a 
 Tribal management plan submitted by the Navajo Nation 
 in accordance with the American Indian Trust Fund 
 Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
        (B) Requirements.--In addition to the requirements 
 under the American Indian Trust Fund Management Reform 
 Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
 management plan under this paragraph shall require that 
 the Navajo Nation spend all amounts withdrawn from the 
 Navajo Nation Water Settlement Trust Fund, and any 
 investment earnings accrued through the investments 
 under the Tribal management plan, in accordance with 
 this Act.
            (C) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary--
            (i) to enforce a Tribal management plan; 
 and
            (ii) to ensure that amounts withdrawn from 
 the Navajo Nation Water Settlement Trust Fund 
 by the Navajo Nation under this paragraph are 
 used in accordance with this Act.

    (2) Expenditure plan.--
        (A) In general.--The Navajo Nation may submit to 
 the Secretary a request to withdraw funds from the 
 Navajo Nation Water Settlement Trust Fund pursuant to 
 an approved expenditure plan.
        (B) Requirements.--To be eligible to withdraw funds 
 under an expenditure plan under this paragraph, the 
 Navajo Nation shall submit to the Secretary for 
 approval an expenditure plan for any portion of the 
 Navajo Nation Water Settlement Trust Fund that the 
 Navajo Nation elects to withdraw pursuant to this 
 paragraph, subject to the condition that the funds 
 shall be used for the purposes described in this Act.
            (C) Inclusions.--An expenditure plan under this 
 paragraph shall include a description of the manner and 
 purpose for which the amounts proposed to be withdrawn 
 from the Navajo Nation Water Settlement Trust Fund 
 Accounts will be used by the Navajo Nation in 
 accordance with subsection

    (f) .
            (D) Approval.--On receipt of an expenditure plan 
 under this paragraph, the Secretary shall approve the 
 expenditure plan if the Secretary determines that the 
 expenditure plan--
            (i) is reasonable; and
            (ii) is consistent with, and will be used 
 for, the purposes of this Act.
        (E) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary to enforce an expenditure 
 plan under this paragraph to ensure that amounts 
 disbursed under this paragraph are used in accordance 
 with this Act.

    (f) Uses.--Amounts from the Navajo Nation Water Settlement Trust 
Fund shall be used by the Navajo Nation for the following purposes:

    (1) Navajo nation water projects trust fund account.--
 Amounts in the Navajo Nation Water Projects Trust Fund Account 
 may only be used for the purpose of environmental compliance, 
 planning, engineering activities, and construction of projects 
 designed to deliver potable water to communities, such as 
 Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/
 Nahata Dziil Area, Kayenta, and Oljato.

    (2) Navajo nation om&r trust fund account.--Amounts in the 
 Navajo Nation OM&R Trust Fund Account may only be used to pay 
 OM&R costs of the Navajo Water projects described in paragraph

    (1) and the iina ba - paa tuwaqat'si pipeline project.

    (3) Navajo nation agricultural conservation trust fund 
 account.--
        (A) In general.--Subject to subparagraph
        (B) , 
 amounts in the Navajo Nation Agricultural Conservation 
 Trust Fund Account may only be used to pay the costs of 
 improvements to reduce water shortages on the 
 historically irrigated land of the Navajo Nation, 
 including sprinklers, drip or other efficient 
 irrigation systems, land leveling, wells, pipelines, 
 pumps and storage, stream bank stabilization and 
 restoration, pasture seeding and management, fencing, 
 wind breaks, and alluvial wells.
        (B) Limitation.--Not more than half of the amounts 
 in the Navajo Nation Agricultural Conservation Trust 
 Fund Account may be used for replacement and 
 development of livestock wells and impoundments on the 
 Navajo Reservation and Navajo Trust Land.

    (4) Navajo nation renewable energy trust fund account.--
 Amounts in the Navajo Nation Renewable Energy Trust Fund 
 Account may only be used to pay the cost of planning, 
 designing, and constructing renewable energy facilities to 
 support the costs of operating the Navajo Nation Water projects 
 and the iina ba - paa tuwaqat'si pipeline.

    (5) Navajo nation lower basin colorado river water 
 acquisition trust fund account.--Amounts in the Navajo Nation 
 Lower Basin Colorado River Water Acquisition Trust Fund Account 
 may only be used to purchase land within the State and 
 associated Arizona Lower Basin Colorado River Water Rights.

    (6) Navajo nation system conservation trust fund account.--
 Amounts in the Navajo Nation System Conservation Trust Fund 
 Account may only be used to compensate the Navajo Nation for 
 the storage of System Conservation Eligible Water at Lake 
 Powell.

    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Navajo Nation Water Settlement Trust Fund by the 
Navajo Nation pursuant to subsection

    (e) .

    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Navajo Nation Water 
Settlement Trust Fund shall remain in the Navajo Nation.
            (i) Account Transfers.--If the activities described in any of 
paragraphs

    (1) through

    (6) of subsection

    (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Navajo Nation, shall 
transfer the remaining amounts to one of the other accounts within the 
Navajo Nation Water Settlement Trust Fund.

    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--

    (1) In general.--On written notification from the Secretary 
 that the iina ba - paa tuwaqat'si Implementation Fund Account 
 is insufficient and additional funds are necessary to complete 
 the iina ba - paa tuwaqat'si pipeline in accordance with 
 

section 8, the Navajo Nation shall submit to the Secretary an 
 expenditure plan for the transfer of funds from Navajo Nation 
 Water Settlement Trust Fund to the iina ba - paa tuwaqat'si 
 pipeline Implementation Fund Account.

    (2) Proportionate share.--The cost share of the Navajo 
 Nation for supplemental funding shall be based on the 
 allocation of the iina ba - paa tuwaqat'si pipeline costs 
 agreed on in the Cost-Sharing and System Integration Agreement 
 for the iina ba - paa tuwaqat'si pipeline described in 

section 8

    (a)

    (1)
        (F)
            (ii) .

    (k) Annual Report.--The Navajo Nation shall submit to the Secretary 
an annual expenditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management plan approved 
under paragraph

    (1) of subsection

    (e) or an expenditure plan approved 
under paragraph

    (2) of that subsection.
            (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the Navajo Nation on a per capita basis.
            (m) Effect.--Nothing in this section entitles the Navajo Nation to 
judicial review of a determination of the Secretary relating to whether 
to approve a Tribal management plan under paragraph

    (1) of subsection

    (e) or an expenditure plan under paragraph

    (2) of that subsection, or 
to take enforcement actions under paragraph

    (1)
            (C) or

    (2)
        (E) of that 
subsection, except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').

SEC. 11. HOPI TRIBE WATER SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Hopi Tribe, to be known as the ``Hopi Tribe Water Settlement Trust 
Fund'', to be managed, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Hopi Tribe Water Settlement Trust Fund under subsection
            (c) , 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.

    (b) Accounts.--The Secretary shall establish in the Hopi Tribe 
Water Settlement Trust Fund the following accounts:

    (1) The Hopi Tribe Groundwater Projects Trust Fund Account.

    (2) The Hopi Tribe OM&R Trust Fund Account.

    (3) The Hopi Tribe Agricultural Conservation Trust Fund 
 Account.

    (4) The Hopi Tribe Lower Basin Colorado River Water 
 Acquisition Trust Fund Account.

    (5) The Hopi Tribe System Conservation Trust Fund Account.
            (c) Deposits.--The Secretary shall deposit--

    (1) in the Hopi Tribe Groundwater Projects Trust Fund 
 Account, the amounts made available pursuant to subparagraph
        (B)
            (i) of 

section 13

    (b)

    (3) ;

    (2) in the Hopi Tribe OM&R Trust Fund Account, the amounts 
 made available pursuant to subparagraph
        (B)
            (ii) of that 
 section;

    (3) in the Hopi Tribe Agricultural Conservation Trust Fund 
 Account, the amounts made available pursuant to subparagraph
        (B)
            (iii) of that section;

    (4) in the Hopi Tribe Lower Basin Colorado River Water 
 Acquisition Trust Fund Account, the amounts made available 
 pursuant to subparagraph
        (B)
            (iv) of that section; and

    (5) in the Hopi Tribe System Conservation Trust Fund 
 Account, the amounts made available pursuant to subparagraph
        (B)
            (v) of that section.
            (d) Management and Interest.--

    (1) Management.--On receipt and deposit of the funds into 
 the accounts in the Hopi Tribe Water Settlement Trust Fund 
 Accounts pursuant to subsection
            (c) , the Secretary shall 
 manage, invest, and distribute all amounts in the Hopi Tribe 
 Water Settlement Trust Fund in a manner that is consistent with 
 the investment authority of the Secretary under--
        (A) the first section of the Act of June 24, 1938 
 (25 U.S.C. 162a);
        (B) the American Indian Trust Fund Management 
 Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
            (C) this subsection.

    (2) Investment earnings.--In addition to the deposits made 
 to the Hopi Tribe Water Settlement Trust Fund under subsection
            (c) , any investment earnings, including interest, credited to 
 amounts held in the Hopi Tribe Water Settlement Trust Fund are 
 authorized to be appropriated to be used in accordance with 
 subsection

    (f) .

    (e) Withdrawals.--

    (1) American indian trust fund management reform act of 
 1994.--
        (A) In general.--The Hopi Tribe may withdraw any 
 portion of the amounts in the Hopi Tribe Water 
 Settlement Trust Fund on approval by the Secretary of a 
 Tribal management plan submitted by the Hopi Tribe in 
 accordance with the American Indian Trust Fund 
 Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
        (B) Requirements.--In addition to the requirements 
 under the American Indian Trust Fund Management Reform 
 Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
 management plan under this paragraph shall require that 
 the Hopi Tribe spend all amounts withdrawn from the 
 Hopi Tribe Water Settlement Trust Fund, and any 
 investment earnings accrued through the investments 
 under the Tribal management plan, in accordance with 
 this Act.
            (C) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary--
            (i) to enforce a Tribal management plan; 
 and
            (ii) to ensure that amounts withdrawn from 
 the Hopi Tribe Water Settlement Trust Fund by 
 the Hopi Tribe under this paragraph are used in 
 accordance with this Act.

    (2) Expenditure plan.--
        (A) In general.--The Hopi Tribe may submit to the 
 Secretary a request to withdraw funds from the Hopi 
 Tribe Water Settlement Trust Fund pursuant to an 
 approved expenditure plan.
        (B) Requirements.--To be eligible to withdraw funds 
 under an expenditure plan under this paragraph, the 
 Hopi Tribe shall submit to the Secretary for approval 
 an expenditure plan for any portion of the Hopi Tribe 
 Water Settlement Trust Fund that the Hopi Tribe elects 
 to withdraw pursuant to this paragraph, subject to the 
 condition that the funds shall be used for the purposes 
 described in this Act.
            (C) Inclusions.--An expenditure plan under this 
 paragraph shall include a description of the manner and 
 purpose for which the amounts proposed to be withdrawn 
 from the Hopi Tribe Water Settlement Trust Fund 
 Accounts will be used by the Hopi Tribe in accordance 
 with subsection

    (f) .
            (D) Approval.--On receipt of an expenditure plan 
 under this paragraph, the Secretary shall approve the 
 expenditure plan if the Secretary determines that the 
 expenditure plan--
            (i) is reasonable; and
            (ii) is consistent with, and will be used 
 for, the purposes of this Act.
        (E) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary to enforce an expenditure 
 plan under this paragraph to ensure that amounts 
 disbursed under this paragraph are used in accordance 
 with this Act.

    (f) Uses.--Amounts from the Hopi Tribe Water Settlement Trust Fund 
shall be used by the Hopi Tribe for the following purposes:

    (1) The hopi tribe groundwater projects trust fund 
 account.--Amounts in the Hopi Tribe Groundwater Projects Trust 
 Fund Account may only be used for the purpose of environmental 
 compliance, planning, engineering and design activities, and 
 construction designed to deliver potable water to Hopi 
 communities.

    (2) The hopi tribe om&r trust fund account.--Amounts in the 
 Hopi Tribe OM&R Trust Fund Account may only be used to pay the 
 OM&R costs of the Hopi Groundwater projects described in 
 paragraph

    (1) and the iina ba - paa tuwaqat'si pipeline 
 project.

    (3) The hopi tribe agricultural conservation trust fund 
 account.--Amounts in the Hopi Tribe Agricultural Conservation 
 Trust Fund Account may only be used to pay the costs of 
 improvements to reduce water shortages on the historically 
 irrigated land and grazing land of the Hopi Tribe, including 
 sprinklers, drip or other efficient irrigation systems, land 
 leveling, wells, impoundments, pipelines, pumps and storage, 
 stream bank stabilization and restoration, pasture seeding and 
 management, fencing, and wind breaks, and alluvial wells, and 
 spring restoration, repair, replacement, and relocation of low 
 technology structures to support Akchin farming, flood-water 
 farming, and other traditional farming practices.

    (4) The hopi tribe lower basin colorado river water 
 acquisition trust fund account.--Amounts in the Hopi Tribe 
 Lower Basin Colorado River Water Acquisition Trust Fund Account 
 may only be used to purchase land within the State and 
 associated Arizona Lower Basin Colorado River Water Rights.

    (5) The hopi tribe system conservation trust fund 
 account.--Amounts in the Hopi Tribe System Conservation Trust 
 Fund Account may only be used to compensate the Hopi Tribe or 
 the Navajo Nation for the storage of System Conservation 
 Eligible Water at Lake Powell consistent with 

section 6
            (c) (4)
            (C) 
            (i) 
            (III) .

    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Hopi Tribe Water Settlement Trust Fund by the Hopi 
Tribe pursuant to subsection

    (e) .

    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Hopi Tribe Water 
Settlement Trust Fund shall remain in the Hopi Tribe.
            (i) Account Transfers.--If the activities described in any of 
paragraphs

    (1) through

    (5) of subsection

    (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Hopi Tribe, shall 
transfer the remaining amounts to one of the other accounts within the 
Hopi Tribe Water Settlement Trust Fund.

    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--

    (1) In general.--On written notification from the Secretary 
 that the iina ba - paa tuwaqat'si Implementation Fund Account 
 is insufficient and additional funds are necessary to complete 
 the iina ba - paa tuwaqat'si pipeline in accordance with 
 

section 8, the Hopi Tribe shall submit to the Secretary an 
 expenditure plan for the transfer of funds from the Hopi Tribe 
 Water Settlement Trust Fund to the iina ba - paa tuwaqat'si 
 pipeline Implementation Fund Account.

    (2) Proportionate share.--The cost share of the Hopi Tribe 
 for supplemental funding shall be based on the allocation of 
 the iina ba - paa tuwaqat'si pipeline costs agreed on in the 
 Cost-Sharing and System Integration Agreement for the iina ba - 
 paa tuwaqat'si pipeline described in 

section 8

    (a)

    (1)
        (F)
            (ii) .

    (k) Annual Report.--The Hopi Tribe shall submit to the Secretary an 
annual expenditure report describing accomplishments and amounts spent 
from use of withdrawals under a Tribal management plan under paragraph

    (1) of subsection

    (e) or an expenditure plan under paragraph

    (2) of 
that subsection.
            (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the Hopi Tribe on a per capita basis.
            (m) Effect.--Nothing in this section entitles the Hopi Tribe to 
judicial review of a determination of the Secretary relating to whether 
to approve a Tribal management plan under paragraph

    (1) of subsection

    (e) or an expenditure plan under paragraph

    (2) of that subsection, or 
to take enforcement actions under paragraph

    (1)
            (C) or

    (2)
        (E) of that 
subsection, except as provided under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').

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

    (a) Establishment.--The Secretary shall establish a trust fund for 
the San Juan Southern Paiute Tribe, to be known as the ``San Juan 
Southern Paiute Tribe Water Settlement Trust Fund'', to be managed, 
invested, and distributed by the Secretary and to remain available 
until expended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the Trust Fund 
Accounts under subsection
            (c) , together with any investment earnings, 
including interest, earned on those amounts, for the purpose of 
carrying out this Act.

    (b) Accounts.--The Secretary shall establish in the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund the following 
accounts:

    (1) The San Juan Southern Paiute Tribe Groundwater Projects 
 Trust Fund Account.

    (2) The San Juan Southern Paiute Tribe Agricultural 
 Conservation Trust Fund Account.

    (3) The San Juan Southern Paiute Tribe OM&R Trust Fund 
 Account.
            (c) Deposits.--The Secretary shall deposit--

    (1) in the San Juan Southern Paiute Tribe Groundwater 
 Projects Trust Fund Account, the amounts made available 
 pursuant to subparagraph
            (C) 
            (i) of 

section 13

    (b)

    (3) ;

    (2) in the San Juan Southern Paiute Tribe Agricultural 
 Conservation Trust Fund Account, the amounts made available 
 pursuant to subparagraph
            (C) 
            (iii) of that section; and

    (3) in the San Juan Southern Paiute Tribe OM&R Trust Fund 
 Account, the amounts made available pursuant to subparagraph
            (C) 
            (ii) of that section.
            (d) Management and Interest.--

    (1) Management.--On receipt and deposit of the funds into 
 the accounts in the San Juan Southern Paiute Water Settlement 
 Trust Fund Accounts pursuant to subsection
            (c) , the Secretary 
 shall manage, invest, and distribute all amounts in the San 
 Juan Southern Paiute Water Settlement Trust Fund Accounts in a 
 manner that is consistent with the investment authority of the 
 Secretary under--
        (A) the first section of the Act of June 24, 1938 
 (25 U.S.C. 162a);
        (B) the American Indian Trust Fund Management 
 Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
            (C) this subsection.

    (2) Investment earnings.--In addition to the deposits made 
 to the San Juan Southern Paiute Tribe Water Settlement Trust 
 Fund under subsection
            (c) , any investment earnings, including 
 interest, credited to amounts held in accounts of the San Juan 
 Southern Paiute Tribe Water Settlement Trust Fund are 
 authorized to be appropriated to be used in accordance with 
 subsection

    (f) .

    (e) Withdrawals.--

    (1) American indian trust fund management reform act of 
 1994.--
        (A) In general.--The San Juan Southern Paiute Tribe 
 may withdraw any portion of the amounts in the San Juan 
 Southern Paiute Tribe Water Settlement Trust Fund on 
 approval by the Secretary of a Tribal management plan 
 submitted by the San Juan Southern Paiute Tribe in 
 accordance with the American Indian Trust Fund 
 Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
        (B) Requirements.--In addition to the requirements 
 under the American Indian Trust Fund Management Reform 
 Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
 management plan under this paragraph shall require that 
 the San Juan Southern Paiute Tribe spend all amounts 
 withdrawn from the San Juan Southern Paiute Tribe Water 
 Settlement Trust Fund, and any investment earnings 
 accrued through the investments under the Tribal 
 management plan, in accordance with this Act.
            (C) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary--
            (i) to enforce a Tribal management plan; 
 and
            (ii) to ensure that amounts withdrawn from 
 the San Juan Southern Paiute Tribe Water 
 Settlement Trust Fund by the San Juan Southern 
 Paiute Tribe under this paragraph are used in 
 accordance with this Act.

    (2) Expenditure plan.--
        (A) In general.--The San Juan Southern Paiute Tribe 
 may submit to the Secretary a request to withdraw funds 
 from the San Juan Southern Paiute Tribe Water 
 Settlement Trust Fund pursuant to an approved 
 expenditure plan.
        (B) Requirements.--To be eligible to withdraw funds 
 under an expenditure plan under this paragraph, the San 
 Juan Southern Paiute Tribe shall submit to the 
 Secretary for approval an expenditure plan for any 
 portion of the San Juan Southern Paiute Tribe Water 
 Settlement Trust Fund that the San Juan Southern Paiute 
 Tribe elects to withdraw pursuant to this paragraph, 
 subject to the condition that the funds shall be used 
 for the purposes described in this Act.
            (C) Inclusions.--An expenditure plan under this 
 paragraph shall include a description of the manner and 
 purpose for which the amounts proposed to be withdrawn 
 from the San Juan Southern Paiute Tribe Water 
 Settlement Trust Fund Accounts will be used by the San 
 Juan Southern Paiute Tribe in accordance with 
 subsection

    (f) .
            (D) Approval.--On receipt of an expenditure plan 
 under this paragraph, the Secretary shall approve the 
 expenditure plan if the Secretary determines that the 
 expenditure plan--
            (i) is reasonable; and
            (ii) is consistent with, and will be used 
 for, the purposes of this Act.
        (E) Enforcement.--The Secretary may carry out such 
 judicial and administrative actions as the Secretary 
 determines to be necessary to enforce an expenditure 
 plan under this paragraph to ensure that amounts 
 disbursed under this paragraph are used in accordance 
 with this Act.

    (f) Uses.--Amounts from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund shall be used by the San Juan Southern Paiute 
Tribe for the following purposes:

    (1) The san juan southern paiute tribe groundwater projects 
 trust fund account.--Amounts in the San Juan Southern Paiute 
 Tribe Groundwater Projects Trust Fund Account may only be used 
 to pay the cost of designing and constructing water projects, 
 including Water treatment facilities, pipelines, storage tanks, 
 pumping stations, pressure reducing valves, electrical 
 transmission facilities, and the other appurtenant items, 
 including real property and easements necessary to deliver 
 water to the areas served.

    (2) The san juan southern paiute tribe agricultural 
 conservation trust fund account.--
        (A) In general.--Subject to subparagraph
        (B) , 
 amounts in the San Juan Southern Paiute Tribe 
 Agricultural Conservation Trust Fund Account may only 
 be used to pay the costs of improvements to reduce 
 water shortages on the historically irrigated land of 
 the San Juan Southern Paiute Tribe, including 
 sprinklers, drip or other efficient irrigation systems, 
 land leveling, wells, pipelines, pumps and storage, 
 stream bank stabilization and restoration, pasture 
 seeding and management, fencing, wind breaks, and 
 alluvial wells.
        (B) Limitation.--Not more than half of the amounts 
 in the San Juan Southern Paiute Tribe Agricultural 
 Conservation Trust Fund Account may be used for 
 replacement and development of livestock wells and 
 impoundments on San Juan Southern Paiute Land.

    (3) The san juan southern paiute tribe om&r trust fund 
 account.--Amounts in the San Juan Southern Paiute Tribe OM&R 
 Trust Fund Account may only be used to pay the OM&R costs of 
 the San Juan Southern Paiute Tribe Water projects described in 
 paragraph

    (1) and for the imputed costs for delivery of water 
 from the iina ba - paa tuwaqat'si pipeline.

    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to 
subsection

    (e) .

    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan 
Southern Paiute Tribe.
            (i) Account Transfers.--If the activities described in any of 
paragraphs

    (1) through

    (3) of subsection

    (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the San Juan Southern 
Paiute Tribe, shall transfer the remaining amounts to one of the other 
accounts within the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund.

    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its 
sole discretion, the San Juan Southern Paiute Tribe may use amounts in 
the San Juan Southern Paiute Tribe Water Settlement Trust Fund to 
supplement funds in the iina ba - paa tuwaqat'si pipeline 
Implementation Fund Account.

    (k) Annual Report.--The San Juan Southern Paiute Tribe shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan submitted under paragraph

    (1) of subsection

    (e) or an expenditure plan under paragraph

    (2) of that subsection.
            (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any Member 
of the San Juan Southern Paiute Tribe on a per capita basis.
            (m) Effect.--Nothing in this section entitles the San Juan Southern 
Paiute Tribe to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under paragraph

    (1) of subsection

    (e) or an expenditure plan under paragraph

    (2) of 
that subsection, or to take enforcement actions under paragraph

    (1)
            (C) or

    (2)
        (E) of that subsection, except as provided under subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').

SEC. 13. FUNDING.

    (a) Iina ba - Paa Tuwaqat'si Pipeline Implementation Fund 
Account.--

    (1) Mandatory appropriation.--Out of any funds in the 
 Treasury not otherwise appropriated, the Secretary of the 
 Treasury shall transfer to the Secretary $1,715,000,000 for 
 deposit in the iina ba - paa tuwaqat'si pipeline Implementation 
 Fund Account, to carry out the planning, engineering, design, 
 environmental compliance, and construction of the iina ba - paa 
 tuwaqat'si pipeline, to remain available until expended, 
 withdrawn, or reverted to the general fund of the Treasury.

    (2) Availability.--
        (A) In general.--Except as provided in subparagraph
        (B) , amounts appropriated to and deposited in the iina 
 ba - paa tuwaqat'si pipeline Implementation Fund 
 Account under paragraph

    (1) shall not be available for 
 expenditure until the Enforceability Date.
        (B) Exception.--Of the amounts made available under 
 paragraph

    (1) , $250,000,000 shall be made available 
 before the Enforceability Date for the Bureau to carry 
 out environmental compliance and preliminary design of 
 the iina ba - paa tuwaqat'si pipeline, subject to the 
 following:
            (i) The revision of the Settlement 
 Agreement and exhibits to conform to this Act.
            (ii) Execution by all of the required 
 settlement parties, including the United 
 States, to the conformed Settlement Agreement 
 and exhibits, including the waivers and 
 releases of claims under 

section 14.

    (3) Settlement funding sources.--If the iina ba - paa 
 tuwaqat'si pipeline Implementation Fund Account is insufficient 
 to complete the iina ba - paa tuwaqat'si pipeline in accordance 
 with 

section 8, the Navajo Nation and Hopi Tribe shall provide 
 necessary supplemental funding from the Water Settlement Trust 
 Fund of the Tribe as described in sections 10

    (j) and 11

    (j) .

    (b) Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water 
Settlement Trust Fund and the San Juan Southern Paiute Settlement Trust 
Fund.--

    (1) Mandatory appropriation.--Out of any funds in the 
 Treasury not otherwise appropriated, the Secretary of the 
 Treasury shall transfer to the Secretary $3,421,400,000, for 
 deposit in the Navajo Nation Water Settlement Trust Fund, the 
 Hopi Tribe Water Settlement Trust Fund, and the San Juan 
 Southern Paiute Tribe Water Settlement Trust Fund, in 
 accordance with paragraph

    (3) , to remain available until 
 expended, withdrawn, or reverted to the general fund of the 
 Treasury.

    (2) Availability.--Amounts appropriated to and deposited in 
 the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe 
 Water Settlement Trust Fund, and the San Juan Southern Paiute 
 Water Settlement Trust Fund under paragraph

    (1) shall not be 
 available for expenditure until the Enforceability Date.

    (3) Allocation.--The Secretary shall distribute and deposit 
 the amounts made available under paragraph

    (1) in accordance 
 with the following:
        (A) The navajo nation water settlement trust 
 fund.--The Secretary shall deposit in the Navajo Nation 
 Water Settlement Trust Fund $2,876,416,400 to remain 
 available until expended, withdrawn, or reverted to the 
 general fund of the Treasury and to be allocated to the 
 accounts of the Navajo Nation Water Settlement Trust 
 Fund in accordance with the following:
            (i) The Navajo Nation Water Projects Trust 
 Fund Account, $2,369,200,000.
            (ii) The Navajo Nation OM&R Trust Fund 
 Account, $229,500,000.
            (iii) The Navajo Nation Agricultural 
 Conservation Trust Fund Account, $80,000,000.
            (iv) The Navajo Nation Renewable Energy 
 Trust Fund Account, $40,000,000.
            (v) The Navajo Nation Lower Basin Colorado 
 River Water Acquisition Trust Fund Account, 
 $28,000,000.
            (vi) The Navajo Nation System Conservation 
 Trust Fund Account, $129,716,400.
        (B) The hopi tribe water settlement trust fund.--
 The Secretary shall deposit in the Hopi Tribe Water 
 Settlement Trust Fund $515,183,600, to remain available 
 until expended, withdrawn, or reverted to the general 
 fund of the Treasury and to be allocated to the 
 accounts of the Hopi Tribe Water Settlement Trust Fund 
 in accordance with the following:
            (i) The Hopi Tribe Groundwater Projects 
 Trust Fund Account, $390,000,000.
            (ii) The Hopi Tribe OM&R Trust Fund 
 Account, $87,000,000.
            (iii) The Hopi Tribe Agricultural 
 Conservation Trust Fund Account, $30,000,000.
            (iv) The Hopi Tribe Lower Basin Colorado 
 River Water Acquisition Trust Fund Account, 
 $1,500,000.
            (v) The Hopi Tribe System Conservation 
 Trust Fund Account, $6,683,600.
            (C) The san juan southern paiute tribe water 
 settlement trust fund.--The Secretary shall deposit in 
 the San Juan Southern Paiute Water Settlement Trust 
 Fund $29,800,000, to remain available until expended, 
 withdrawn, or reverted to the general fund of the 
 Treasury and to be allocated to the accounts of the San 
 Juan Southern Paiute Water Settlement Trust Fund in 
 accordance with the following:
            (i) The San Juan Southern Paiute 
 Groundwater Projects Trust Fund Account, 
 $28,000,000.
            (ii) The San Juan Southern Paiute OM&R 
 Trust Fund Account, $1,500,000.
            (iii) The San Juan Southern Paiute 
 Agricultural Conservation Trust Fund Account, 
 $300,000.
            (c) Supplemental Iina ba - Paa Tuwaqat'si Pipeline Implementation 
Fund Account Reserve.--

    (1) In general.--In order to address the preliminary 
 estimate level of the value planning study described in 

section 8

    (a)

    (1)
            (C) 
            (iii) , and the risk that the amount in the iina ba - 
 paa tuwaqat'si pipeline Implementation Fund Account may be 
 insufficient to complete construction of the iina ba - paa 
 tuwaqat'si pipeline, until the Secretary completes a 
 feasibility-level design and estimate for the iina ba - paa 
 tuwaqat'si pipeline, 50 percent of the Navajo Nation Water 
 Settlement Trust Fund and 50 percent of the Hopi Tribe Water 
 Settlement Trust Fund--
        (A) shall not be available for withdrawal, except 
 pursuant to sections 10

    (j)

    (1) and 11

    (j)

    (1) ; and
        (B) shall remain available to supplement the iina 
 ba - paa tuwaqat'si pipeline Implementation Fund 
 Account.

    (2) On completion of feasibility study.--On completion of 
 the feasibility-level estimate, value planning, and final 
 design approved by the Navajo Nation, Hopi Tribe, and the 
 Secretary, a percentage of the Navajo Nation Water Settlement 
 Trust Fund and the Hopi Tribe Water Settlement Trust Fund to be 
 determined by the Secretary--
        (A) shall not be available for withdrawal, except 
 pursuant to sections 10

    (j)

    (1) and 11

    (j)

    (1) ; and
        (B) shall remain available to supplement iina ba - 
 paa tuwaqat'si pipeline Implementation Fund Account 
 until the Secretary notifies the Tribes in writing that 
 supplemental funding is no longer needed.
            (d) Credits to Accounts.--

    (1) In general.--The interest on, and the proceeds from, 
 the sale or redemption of, any obligations held in the Navajo 
 Nation Water Settlement Trust Fund, the Hopi Tribe Water 
 Settlement Trust Fund, and the San Juan Southern Paiute Water 
 Settlement Trust Fund shall be credited to and form a part of 
 the applicable Trust Fund.

    (2) Use of trust funds.--Amounts appropriated to and 
 deposited in the Navajo Nation Water Settlement Trust Fund, the 
 Hopi Tribe Water Settlement Trust Fund, and the San Juan 
 Southern Paiute Tribe Water Settlement Trust Fund may be used 
 as described in sections 10, 11, and 12 and paragraph 12 of the 
 Settlement Agreement.

    (e) Fluctuation in Costs.--

    (1) Implementation fund account.--The amounts appropriated 
 and authorized to be appropriated under subsection

    (a) shall 
 be--
        (A) increased or decreased, as appropriate, by such 
 amounts as may be justified by reason of ordinary 
 fluctuations in costs occurring after January 1, 2024, 
 as indicated by the Bureau Construction Cost Trends 
 Index applicable to the types of construction involved; 
 and
        (B) adjusted to address construction cost changes 
 necessary to account for unforeseen market volatility 
 that may not otherwise be captured by engineering cost 
 indices as determined by the Secretary, including 
 repricing applicable to the types of construction and 
 current industry standards involved.

    (2) Trust funds.--The amounts appropriated and authorized 
 to be appropriated under subsection

    (b) shall be--
        (A) increased or decreased, as appropriate, by such 
 amounts as may be justified by reason of ordinary 
 fluctuations in costs occurring after January 1, 2024, 
 as indicated by the Bureau Construction Cost Index--
 Composite Trend, except for the OM&R trust funds which 
 shall be adjusted based on the Bureau OM&R Cost Index; 
 and
        (B) adjusted to address construction cost changes 
 necessary to account for unforeseen market volatility 
 that may not otherwise be captured by engineering cost 
 indices as determined by the Secretary, including 
 repricing applicable to the types of construction and 
 current industry standards involved.

    (3) Repetition.--The adjustment process under paragraphs

    (1) and

    (2) shall be repeated for each subsequent amount 
 appropriated until the amount appropriated and authorized to be 
 appropriated, as applicable, under subsections

    (a) and

    (b) , as 
 adjusted, has been appropriated.

    (4) Period of indexing.--
        (A) Implementation fund.--With respect to the iina 
 ba - paa tuwaqat'si pipeline Implementation Fund 
 Account, the period of adjustment under paragraph

    (1) for any increment of funding shall be annually until 
 the iina ba - paa tuwaqat'si pipeline project is 
 completed.
        (B) Trust funds.--With respect to the Navajo Nation 
 Water Settlement Trust Fund, the Hopi Tribe Water 
 Settlement Trust Fund, and the San Juan Southern Paiute 
 Water Settlement Trust Fund, the period of indexing 
 adjustment under paragraph

    (2) for any increment of 
 funding shall end on the date on which the funds are 
 deposited into the Trust Funds.

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

    (a) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), and 
the United States, Acting as Trustee for the Navajo Nation and the 
Members of the Navajo Nation (but Not Members in the Capacity of the 
Members as Navajo Allottees) Against the State and Others.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 Navajo Nation, on behalf of the Navajo Nation and the Members 
 of the Navajo Nation (but not Members in the capacity of the 
 Members as Navajo Allottees), and the United States, acting as 
 trustee for the Navajo Nation and the Members of the Navajo 
 Nation (but not Members in the capacity of the Members as 
 Navajo Allottees), as part of the performance of the respective 
 obligations of the Navajo Nation and the United States under 
 the Settlement Agreement and this Act, are authorized to 
 execute a waiver and release of all claims against the State 
 (or any agency or political subdivision of the State), the Hopi 
 Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe, 
 and any other individual, entity, corporation, or municipal 
 corporation under Federal, State, or other law for all of the 
 following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Navajo Land, arising from time immemorial and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Navajo Nation, the predecessors 
 of the Navajo Nation, the Members of the Navajo Nation, 
 or predecessors of the Members of the Navajo Nation.
            (C) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Navajo Land, arising from time immemorial 
 through the Enforceability Date.
            (D) Past, present, and future claims for Injury to 
 Water for Navajo Land, arising from time immemorial 
 and, thereafter, forever.
        (E) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the Navajo 
 Nation, the predecessors of the Navajo Nation, the 
 Members of the Navajo Nation, or predecessors of the 
 Members of the Navajo Nation.
        (F) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, for Navajo Land, resulting 
 from the diversion or Use of water outside of Navajo 
 Land in a manner not in violation of the Settlement 
 Agreement or State law.
        (G) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.1 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.1 
 to the Settlement Agreement, the Navajo Nation, acting on 
 behalf of the Navajo Nation and the Members of the Navajo 
 Nation (but not Members in the capacity of the Members as 
 Navajo Allottees), and the United States, acting as trustee for 
 the Navajo Nation and the Members of the Navajo Nation (but not 
 Members in the capacity of the Members as Navajo Allottees), 
 shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Nation under 
 the Settlement Agreement, whether those rights are 
 generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Nation under 
 the LCR Decree and the Gila River Adjudication Decree;
            (C) to assert claims for Water Rights, for land 
 owned or acquired by the Navajo Nation in fee, or held 
 in trust by the United States for the Navajo Nation, in 
 the LCR Watershed pursuant to subparagraphs 4.11 and 
 4.12, of the Settlement Agreement, or in the Gila River 
 Basin pursuant to subparagraphs 4.14 and 4.15 of the 
 Settlement Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe.

    (b) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Navajo Allottees Against the State and 
Others.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 United States, acting as trustee for the Navajo Allottees, as 
 part of the performance of the obligations of the United States 
 under the Settlement Agreement and this Act, is authorized to 
 execute a waiver and release of all claims against the State 
 (or any agency or political subdivision of the State), the 
 Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San 
 Juan Southern Paiute Tribe, and any other individual, entity, 
 corporation, or municipal corporation under Federal, State, or 
 other law, for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Navajo Allotments, arising from time immemorial and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Navajo Allottees or 
 predecessors of the Navajo Allottees.
            (C) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Navajo Allotments, arising from time 
 immemorial through the Enforceability Date.
            (D) Past, present, and future claims for Injury to 
 Water for Navajo Allotments, arising from time 
 immemorial and, thereafter, forever.
        (E) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by Navajo Allottees 
 or predecessors of the Navajo Allottees.
        (F) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, for the Navajo Allotments, 
 resulting from the diversion or Use of water outside of 
 Navajo Allotments in a manner not in violation of the 
 Settlement Agreement or State law.
        (G) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.2 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) , the United 
 States, acting as trustee for the Navajo Allottees, shall 
 retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Allottees 
 under the Settlement Agreement, whether those rights 
 are generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Allottees 
 under the LCR Decree;
            (C) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Navajo 
 Nation, the Hopi Tribe, the San Juan Southern 
 Paiute Tribe, and the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Navajo Nation, 
 the Hopi Tribe, the San Juan Southern Paiute 
 Tribe, and the Zuni Tribe; and
            (D) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Navajo 
 Nation, the Hopi Tribe, the San Juan Southern 
 Paiute Tribe, and the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Navajo Nation, 
 the Hopi Tribe, the San Juan Southern Paiute 
 Tribe, and the Zuni Tribe.
            (c) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), 
Against the United States.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 Navajo Nation, acting on behalf of the Navajo Nation and the 
 Members of the Navajo Nation (but not Members in the capacity 
 of the Members as Navajo Allottees), as part of the performance 
 of the obligations of the Navajo Nation under the Settlement 
 Agreement and this Act, is authorized to execute a waiver and 
 release of all claims against the United States, including 
 agencies, officials, and employees of the United States, under 
 Federal, State, or other law for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Navajo Land arising from time immemorial and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Navajo Nation, the predecessors 
 of the Navajo Nation, the Members of the Navajo Nation, 
 or predecessors of the Members of the Navajo Nation.
            (C) Claims for Water Rights within the State that 
 the United States, acting as trustee for the Navajo 
 Nation and Navajo Allottees, asserted or could have 
 asserted in any proceeding, except to the extent that 
 such rights are recognized as part of the Navajo 
 Nation's Water Rights under this Act.
            (D) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Navajo Land, arising from time immemorial 
 through the Enforceability Date.
        (E) Past, present, and future claims for Injury to 
 Water for Navajo Land, arising from time immemorial 
 and, thereafter, forever.
        (F) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the Navajo 
 Nation, the predecessors of the Navajo Nation, the 
 Members of the Navajo Nation, or predecessors of the 
 Members of the Navajo Nation.
        (G) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date for Navajo Land, resulting from 
 the diversion or Use of water outside of Navajo Land in 
 a manner not in violation of the Settlement Agreement 
 or State law.
        (H) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.
            (I) Past, present, and future claims arising out 
 of, or relating in any manner to, United States 
 Geological Survey monitoring and reporting activities 
 described in paragraph 7.0 of the Settlement Agreement.
        (J) Past, present, and future claims arising from 
 time immemorial and, thereafter, forever, relating in 
 any manner to Injury to Water or Injury to Water Rights 
 based on the provisions of paragraphs 8.0 and 9.0 of 
 the Settlement Agreement.
        (K) Past and present claims for foregone benefits 
 from non-Navajo Use of water, on and off Navajo Land 
 (including water from all sources and for all Uses), 
 within the State arising before the Enforceability 
 Date.
            (L) Past and present claims for damage, loss, or 
 injury to land or natural resources due to loss of 
 water or Water Rights, including damages, losses, or 
 injuries to hunting, fishing, gathering, or cultural 
 rights due to loss of water or Water Rights, claims 
 relating to interference with, diversion of, or taking 
 of water, or claims relating to a failure to protect, 
 acquire, replace, or develop water, Water Rights, or 
 water infrastructure, within the State, arising before 
 the Enforceability Date.
            (M) Past and present claims arising before the 
 Enforceability Date from a failure to provide for 
 operation, maintenance, or deferred maintenance for any 
 irrigation system or irrigation project on Navajo Land.
        (N) Past and present claims arising before the 
 Enforceability Date from a failure to establish or 
 provide a municipal, rural, or industrial water 
 delivery system on Navajo Land.
        (O) Past and present claims for damage, loss, or 
 injury to land or natural resources due to 
 construction, operation, and management of irrigation 
 projects on Navajo Land, including damages, losses, or 
 injuries to fish habitat, wildlife, and wildlife 
 habitat, within the State arising before the 
 Enforceability Date.
        (P) Past and present claims arising before the 
 Enforceability Date from a failure to provide a dam 
 safety improvement to a dam on Navajo Land within the 
 State.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.3 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.3 
 to the Settlement Agreement, the Navajo Nation and the Members 
 of the Navajo Nation (but not Members in the capacity of the 
 Members as Allottees) shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Nation under 
 the Settlement Agreement, whether those rights are 
 generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Navajo Nation under 
 the LCR Decree and the Gila River Adjudication Decree;
            (C) to assert claims for Water Rights for land 
 owned or acquired by the Navajo Nation in fee in the 
 LCR Watershed pursuant to subparagraphs 4.11 and 4.12 
 of the Settlement Agreement, or in the Gila River Basin 
 pursuant to subparagraphs 4.14 and 4.15 of the 
 Settlement Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Hopi Tribe, the 
 San Juan Southern Paiute Tribe, and the Zuni 
 Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Hopi Tribe, the 
 San Juan Southern Paiute Tribe, and the Zuni 
 Tribe.
            (d) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Navajo Nation and the Members of the Navajo Nation.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 United States, in all capacities (except as trustee for an 
 Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
 the San Juan Southern Paiute Tribe), as part of the performance 
 of the obligations of the United States under the Settlement 
 Agreement and this Act, is authorized to execute a waiver and 
 release of all claims against the Navajo Nation, the Members of 
 the Navajo Nation, or any agency, official, or employee of the 
 Navajo Nation, under Federal, State, or any other law for all 
 of the following:
        (A) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, resulting from the diversion or Use of water on 
 Navajo Land, arising from time immemorial through the 
 Enforceability Date.
        (B) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, resulting from the diversion 
 or Use of water on Navajo Land in a manner that is not 
 in violation of this Agreement or State law.
            (C) Past, present, and future claims arising out 
 of, or related in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.4 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.4 
 to the Settlement Agreement, the United States shall retain any 
 right to assert any claim not expressly waived in accordance 
 with that paragraph and that Exhibit, in any Federal or State 
 court of competent jurisdiction.

    (e) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), and the 
United States, Acting as Trustee for the Hopi Tribe and the Members of 
the Hopi Tribe (but Not Members in the Capacity of the Members as Hopi 
Allottees) Against the State and Others.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 Hopi Tribe, on behalf of the Hopi Tribe and the Members of the 
 Hopi Tribe (but not Members in the capacity of the Members as 
 Hopi Allottees), and the United States, acting as trustee for 
 the Hopi Tribe and the Members of the Hopi Tribe (but not 
 Members in the capacity of the Members as Hopi Allottees), as 
 part of the performance of the respective obligations of the 
 Hopi Tribe and the United States under the Settlement Agreement 
 and this Act, are authorized to execute a waiver and release of 
 all claims against the State (or any agency or political 
 subdivision of the State), the Navajo Nation, the Navajo 
 Allottees, the San Juan Southern Paiute Tribe, and any other 
 individual, entity, corporation, or municipal corporation under 
 Federal, State, or other law for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Hopi Land, arising from time immemorial and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Hopi Tribe, the predecessors of 
 the Hopi Tribe, the Members of the Hopi Tribe, or 
 predecessors of the Members of the Hopi Tribe.
            (C) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Hopi Land, arising from time immemorial 
 through the Enforceability Date.
            (D) Past, present, and future claims for Injury to 
 Water for Hopi Land, arising from time immemorial and, 
 thereafter, forever.
        (E) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the Hopi Tribe, 
 the predecessors of the Hopi Tribe, the Members of the 
 Hopi Tribe, or predecessors of the Members of the Hopi 
 Tribe.
        (F) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, for Hopi Land, resulting from 
 the diversion or Use of water outside of Hopi Land in a 
 manner not in violation of the Settlement Agreement or 
 State law.
        (G) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.6 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.6 
 to the Settlement Agreement, the Hopi Tribe, acting on behalf 
 of the Hopi Tribe and the Members of the Hopi Tribe (but not 
 Members in the capacity of the Members as Hopi Allottees), and 
 the United States, acting as trustee for the Hopi Tribe and the 
 Members of the Hopi Tribe (but not Members in the capacity of 
 the Members as Hopi Allottees), shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Tribe under the 
 Settlement Agreement, whether those rights are 
 generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Tribe under the 
 LCR Decree;
            (C) to assert claims for Water Rights for land 
 owned or acquired by the Hopi Tribe in fee, or held in 
 trust by the United States for the Hopi Tribe, in the 
 LCR Watershed pursuant to subparagraphs 5.10 and 5.11 
 of the Settlement Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Navajo 
 Nation, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Navajo Nation, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Navajo 
 Nation, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Navajo Nation, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe.

    (f) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Hopi Allottees Against the State and 
Others.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 United States, acting as trustee for the Hopi Allottees, as 
 part of the performance of the obligations of the United States 
 under the Settlement Agreement and this Act, is authorized to 
 execute a waiver and release of all claims against the State 
 (or any agency or political subdivision of the State), the Hopi 
 Tribe, the Navajo Nation, the Navajo Allottees, and the San 
 Juan Southern Paiute Tribe, and any other individual, entity, 
 corporation, or municipal corporation under Federal, State, or 
 other law, for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Hopi Allotments, arising from time immemorial, and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Hopi Allottees or predecessors 
 of the Hopi Allottees.
            (C) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Hopi Allotments, arising from time 
 immemorial through the Enforceability Date.
            (D) Past, present, and future claims for Injury to 
 Water for Hopi Allotments, arising from time immemorial 
 and, thereafter, forever.
        (E) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by Hopi Allottees or 
 predecessors of the Hopi Allottees.
        (F) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, for the Hopi Allotments, 
 resulting from the diversion or Use of water outside of 
 the Hopi Allotments in a manner not in violation of the 
 Settlement Agreement or State law.
        (G) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.7 of the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.7 
 of the Settlement Agreement, the United States acting as 
 trustee for the Hopi Allottees, shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Allottees under 
 the Settlement Agreement, whether those rights are 
 generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Allottees under 
 the LCR Decree;
            (C) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, the San Juan Southern 
 Paiute Tribe, and the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Hopi Tribe, the 
 Navajo Nation, the San Juan Southern Paiute 
 Tribe, and the Zuni Tribe; and
            (D) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, the San Juan Southern 
 Paiute Tribe, and the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Hopi Tribe, the 
 Navajo Nation, the San Juan Southern Paiute 
 Tribe, and the Zuni Tribe.

    (g) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), Against the 
United States.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 Hopi Tribe, acting on behalf of the Hopi Tribe and the Members 
 of the Hopi Tribe (but not Members in the capacity of the 
 Members as Hopi Allottees), as part of the performance of the 
 obligations of the Hopi Tribe under the Settlement Agreement 
 and this Act, is authorized to execute a waiver and release of 
 all claims against the United States, including agencies, 
 officials, and employees of the United States, under Federal, 
 State, or other law for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 Hopi Land, arising from time immemorial and, 
 thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the Hopi Tribe, the predecessors of 
 the Hopi Tribe, the Members of the Hopi Tribe, or 
 predecessors of the Members of the Hopi Tribe.
            (C) Claims for Water Rights within the State that 
 the United States, acting as trustee for the Hopi Tribe 
 and Hopi Allottees, asserted or could have asserted in 
 any proceeding, except to the extent that such rights 
 are recognized as part of the Hopi Tribe's Water Rights 
 under this Act.
            (D) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for Hopi Land, arising from time immemorial 
 through the Enforceability Date.
        (E) Past, present, and future claims for Injury to 
 Water for Hopi Land, arising from time immemorial and, 
 thereafter, forever.
        (F) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the Hopi Tribe, 
 the predecessors of the Hopi Tribe, the Members of the 
 Hopi Tribe, or predecessors of the Members of the Hopi 
 Tribe.
        (G) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date for Hopi Land, resulting from 
 the diversion or Use of water outside of Hopi Land in a 
 manner not in violation of the Settlement Agreement or 
 State law.
        (H) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.
            (I) Past, present, and future claims arising out 
 of, or relating in any manner to, United States 
 Geological Survey monitoring and reporting activities 
 described in paragraph 7.0 of the Settlement Agreement.
        (J) Past, present, and future claims arising from 
 time immemorial and, thereafter, forever, relating in 
 any manner to Injury to Water or Injury to Water Rights 
 based on the provisions of paragraphs 8.0 and 9.0 of 
 the Settlement Agreement.
        (K) Past and present claims for foregone benefits 
 from non-Hopi Use of water, on and off Hopi Land 
 (including water from all sources and for all Uses), 
 within the State arising before the Enforceability 
 Date.
            (L) Past and present claims for damage, loss, or 
 injury to land, or natural resources due to loss of 
 water or Water Rights, including damages, losses, or 
 injuries to hunting, fishing, gathering, or cultural 
 rights due to loss of water or Water Rights, claims 
 relating to interference with, diversion of, or taking 
 of water, or claims relating to a failure to protect, 
 acquire, replace, or develop water, Water Rights, or 
 water infrastructure, within the State, arising before 
 the Enforceability Date.
            (M) Past and present claims arising before the 
 Enforceability Date from a failure to provide for 
 operation, maintenance, or deferred maintenance for any 
 irrigation system or irrigation project on Hopi Land.
        (N) Past and present claims arising before the 
 Enforceability Date from a failure to establish or 
 provide a municipal, rural, or industrial water 
 delivery system on Hopi Land.
        (O) Past and present claims for damage, loss, or 
 injury to land or natural resources due to 
 construction, operation, and management of irrigation 
 projects on Hopi Land, including damages, losses, or 
 injuries to fish habitat, wildlife, and wildlife 
 habitat, within the State arising before the 
 Enforceability Date.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.8 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.8 
 to the Settlement Agreement, the Hopi Tribe and the Members of 
 the Hopi Tribe (but not Members in the capacity of the Members 
 as Hopi Allottees) shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Tribe under the 
 Settlement Agreement, whether those rights are 
 generally stated or specifically described, or this 
 Act, in any Federal or State court of competent 
 jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the Hopi Tribe under the 
 LCR Decree;
            (C) to assert claims for Water Rights for land 
 owned or acquired by the Hopi Tribe in fee in the LCR 
 Watershed pursuant to subparagraphs 5.10 and 5.11 of 
 the Settlement Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Navajo 
 Nation, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Navajo Nation, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Navajo 
 Nation, the San Juan Southern Paiute Tribe, and 
 the Zuni Tribe; or
            (ii) the United States acting on behalf of 
 any Indian Tribe other than the Navajo Nation, 
 the San Juan Southern Paiute Tribe, and the 
 Zuni Tribe.

    (h) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Hopi Tribe and the Members of the Hopi Tribe.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 United States, in all capacities (except as trustee for an 
 Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
 the San Juan Southern Paiute Tribe), as part of the performance 
 of the obligations of the United States under the Settlement 
 Agreement and this Act, is authorized to execute a waiver and 
 release of all claims against the Hopi Tribe, the Members of 
 the Hopi Tribe, or any agency, official, or employee of the 
 Hopi Tribe, under Federal, State, or any other law for all of 
 the following:
        (A) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, resulting from the diversion or Use of water on 
 Hopi Land arising from time immemorial through the 
 Enforceability Date.
        (B) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, resulting from the diversion 
 or Use of water on Hopi Land in a manner that is not in 
 violation of the Settlement Agreement or State law.
            (C) Past, present, and future claims arising out 
 of, or related in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.9 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.9 
 to the Settlement Agreement, the United States shall retain any 
 right to assert any claim not expressly waived in accordance 
 with that paragraph and that Exhibit, in any Federal or State 
 court of competent jurisdiction.
            (i) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, and the United States, 
Acting as Trustee for the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe Against the State and 
Others.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 San Juan Southern Paiute Tribe, on behalf of the San Juan 
 Southern Paiute Tribe and the Members of the San Juan Southern 
 Paiute Tribe, and the United States, acting as trustee for the 
 San Juan Southern Paiute Tribe and the Members of the San Juan 
 Southern Paiute Tribe, as part of the performance of the 
 respective obligations of the San Juan Southern Paiute Tribe 
 and the United States under the Settlement Agreement and this 
 Act, is authorized to execute a waiver and release of all 
 claims against the State (or any agency or political 
 subdivision of the State), the Hopi Tribe, the Hopi Allottees, 
 the Navajo Nation, the Navajo Allottees, and any other 
 individual, entity, corporation, or municipal corporation under 
 Federal, State, or other law for all of the following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 San Juan Southern Paiute Land, arising from time 
 immemorial and, thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the San Juan Southern Paiute Tribe, 
 the predecessors of the San Juan Southern Paiute Tribe, 
 the Members of the San Juan Southern Paiute Tribe, or 
 predecessors of the Members of the San Juan Southern 
 Paiute Tribe.
            (C) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for San Juan Southern Paiute Land, arising from 
 time immemorial through the Enforceability Date.
            (D) Past, present, and future claims for Injury to 
 Water for San Juan Southern Paiute Land, arising from 
 time immemorial and, thereafter, forever.
        (E) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the San Juan 
 Southern Paiute Tribe, the predecessors of the San Juan 
 Southern Paiute Tribe, the Members of the San Juan 
 Southern Paiute Tribe, or predecessors of the Members 
 of the San Juan Southern Paiute Tribe.
        (F) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, for San Juan Southern Paiute 
 Land, resulting from the diversion or Use of water 
 outside of San Juan Southern Paiute Land in a manner 
 not in violation of the Settlement Agreement or State 
 law.
        (G) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.11 to 
 the Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.11 
 to the Settlement Agreement, the San Juan Southern Paiute 
 Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
 and the Members of the San Juan Southern Paiute Tribe, and the 
 United States, acting as trustee for the San Juan Southern 
 Paiute Tribe and the Members of the San Juan Southern Paiute 
 Tribe, shall retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the San Juan Southern 
 Paiute Tribe under the Settlement Agreement, whether 
 those rights are generally stated or specifically 
 described, or this Act, in any Federal or State court 
 of competent jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the San Juan Southern 
 Paiute Tribe under the LCR Decree;
            (C) to assert claims for Water Rights for land 
 owned or acquired by the San Juan Southern Paiute Tribe 
 in fee or held in trust by the United States for the 
 San Juan Southern Paiute Tribe in the LCR Watershed 
 pursuant to subparagraphs 6.4 and 6.5 of the Settlement 
 Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, and the Zuni Tribe; 
 or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the Navajo Nation, and the Zuni Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, and the Zuni Tribe; 
 or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the Navajo Nation, and the Zuni Tribe.

    (j) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, Against the United 
States.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 San Juan Southern Paiute Tribe, acting on behalf of the San 
 Juan Southern Paiute Tribe and the Members of the San Juan 
 Southern Paiute Tribe, as part of the performance of the 
 obligations of the San Juan Southern Paiute Tribe under the 
 Settlement Agreement and this Act, is authorized to execute a 
 waiver and release of all claims against the United States, 
 including agencies, officials, and employees of the United 
 States, under Federal, State, or other law for all of the 
 following:
        (A) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, for 
 San Juan Southern Paiute Land, arising from time 
 immemorial and, thereafter, forever.
        (B) Past, present, and future claims for Water 
 Rights, including rights to Colorado River Water, 
 arising from time immemorial and, thereafter, forever, 
 that are based on the aboriginal occupancy of land 
 within the State by the San Juan Southern Paiute Tribe, 
 the predecessors of the San Juan Southern Paiute Tribe, 
 the Members of the San Juan Southern Paiute Tribe, or 
 predecessors of the Members of the San Juan Southern 
 Paiute Tribe.
            (C) Claims for Water Rights within the State that 
 the United States, acting as trustee for the San Juan 
 Southern Paiute Tribe, asserted or could have asserted 
 in any proceeding, except to the extent that such 
 rights are recognized as part of the San Juan Southern 
 Paiute Tribe's Water Rights under this Act.
            (D) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, for San Juan Southern Paiute Land, arising from 
 time immemorial through the Enforceability Date.
        (E) Past, present, and future claims for Injury to 
 Water for San Juan Southern Paiute Land, arising from 
 time immemorial and, thereafter, forever.
        (F) Past, present, and future claims for Injury to 
 Water Rights, including injury to rights to Colorado 
 River Water, arising from time immemorial and, 
 thereafter, forever, that are based on the aboriginal 
 occupancy of land within the State by the San Juan 
 Southern Paiute Tribe, the predecessors of the San Juan 
 Southern Paiute Tribe, the Members of the San Juan 
 Southern Paiute Tribe, or predecessors of the Members 
 of the San Juan Southern Paiute Tribe.
        (G) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date for San Juan Southern Paiute 
 Land, resulting from the diversion or Use of water 
 outside of San Juan Southern Paiute Land in a manner 
 not in violation of this Agreement or State law.
        (H) Past, present, and future claims arising out 
 of, or relating in any manner to, the negotiation, 
 execution, or adoption of this Agreement, any judgment 
 or decree approving or incorporating this Agreement, or 
 this Act.
            (I) Past, present, and future claims arising out 
 of, or relating in any manner to, United States 
 Geological Survey monitoring and reporting activities 
 described in paragraph 7.0 of the Settlement Agreement.
        (J) Past, present, and future claims arising from 
 time immemorial and, thereafter, forever, relating in 
 any manner to Injury to Water or Injury to Water Rights 
 based on the provisions of paragraphs 8.0 and 9.0 of 
 the Settlement Agreement.
        (K) Past and present claims for foregone benefits 
 from non-San Juan Southern Paiute Tribe Use of water, 
 on and off San Juan Southern Paiute Land (including 
 water from all sources and for all Uses), within the 
 State arising before the Enforceability Date.
            (L) Past and present claims for damage, loss, or 
 injury to land, or natural resources due to loss of 
 water or Water Rights, including damages, losses, or 
 injuries to hunting, fishing, gathering, or cultural 
 rights due to loss of water or Water Rights, claims 
 relating to interference with, diversion of, or taking 
 of water, or claims relating to a failure to protect, 
 acquire, replace, or develop water, Water Rights, or 
 water infrastructure, within the State, arising before 
 the Enforceability Date.
            (M) Past and present claims arising before the 
 Enforceability Date from a failure to provide for 
 operation, maintenance, or deferred maintenance for any 
 irrigation system or irrigation project on San Juan 
 Southern Paiute Land.
        (N) Past and present claims arising before the 
 Enforceability Date from a failure to establish or 
 provide a municipal, rural, or industrial water 
 delivery system on San Juan Southern Paiute Land.
        (O) Past and present claims for damage, loss, or 
 injury to land or natural resources due to 
 construction, operation, and management of irrigation 
 projects on San Juan Southern Paiute Land, including 
 damages, losses, or injuries to fish habitat, wildlife, 
 and wildlife habitat, within the State arising before 
 the Enforceability Date.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall be--
        (A) in the form described in Exhibit 13.12 to the 
 Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.12 
 to the Settlement Agreement, the San Juan Southern Paiute 
 Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
 and the Members of the San Juan Southern Paiute Tribe shall 
 retain any right--
        (A) to assert claims for injuries to, and seek 
 enforcement of, the rights of the San Juan Southern 
 Paiute Tribe under the Settlement Agreement, whether 
 those rights are generally stated or specifically 
 described, or this Act, in any Federal or State court 
 of competent jurisdiction;
        (B) to assert claims for injuries to, and seek 
 enforcement of, the rights of the San Juan Southern 
 Paiute Tribe under the LCR Decree;
            (C) to assert claims for Water Rights for land 
 owned or acquired by the San Juan Southern Paiute Tribe 
 in fees in the LCR Watershed pursuant to subparagraphs 
 6.4 and 6.5 of the Settlement Agreement;
            (D) to object to any claims for Water Rights by or 
 for--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, and the Zuni Tribe; 
 or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the Navajo Nation, and the Zuni Tribe; and
        (E) to assert past, present, or future claims for 
 Injury to Water Rights against--
            (i) any Indian Tribe other than the Hopi 
 Tribe, the Navajo Nation, and the Zuni Tribe; 
 or
            (ii) the United States acting on behalf of 
 any Indian Tribe, other than the Hopi Tribe, 
 the Navajo Nation, and the Zuni Tribe.

    (k) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the San Juan Southern Paiute Tribe and the Members of the San 
Juan Southern Paiute Tribe.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 United States, in all capacities (except as trustee for an 
 Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
 the San Juan Southern Paiute Tribe), as part of the performance 
 of the obligations of the United States under the Settlement 
 Agreement and this Act, is authorized to execute a waiver and 
 release of all claims against the San Juan Southern Paiute 
 Tribe, the Members of the San Juan Southern Paiute Tribe, or 
 any agency, official, or employee of the San Juan Southern 
 Paiute Tribe, under Federal, State, or any other law for all:
        (A) Past and present claims for Injury to Water 
 Rights, including injury to rights to Colorado River 
 Water, resulting from the diversion or Use of water on 
 San Juan Southern Paiute Land arising from time 
 immemorial through the Enforceability Date.
        (B) Claims for Injury to Water Rights, including 
 injury to rights to Colorado River Water, arising after 
 the Enforceability Date, resulting from the diversion 
 or Use of water on San Juan Southern Paiute Land in a 
 manner that is not in violation of the Settlement 
 Agreement or State law.
            (C) Past, present, and future claims arising out 
 of, or related in any manner to, the negotiation, 
 execution, or adoption of the Settlement Agreement, any 
 judgment or decree approving or incorporating the 
 Settlement Agreement, or this Act.

    (2) Form; effective date.--The waiver and release of claims 
 described in paragraph

    (1) shall--
        (A) be in the form described in Exhibit 13.13 to 
 the Settlement Agreement; and
        (B) take effect on the Enforceability Date.

    (3) Retention of claims.--Notwithstanding the waiver and 
 release of claims described in paragraph

    (1) and Exhibit 13.13 
 to the Settlement Agreement, the United States shall retain any 
 right to assert any claim not expressly waived in accordance 
 with that paragraph and that Exhibit, in any Federal or State 
 court of competent jurisdiction.

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

    (a) Navajo Nation and the Members of the Navajo Nation; Navajo 
Allottees and the United States, Acting as Trustee for the Navajo 
Allottees.--

    (1) Navajo nation and the members of the navajo nation.--
        (A) In general.--The benefits provided under the 
 Settlement Agreement shall be in complete replacement 
 of, complete substitution for, and full satisfaction of 
 any claim of the Navajo Nation and the Members of the 
 Navajo Nation against the Parties, including the United 
 States, that is waived and released by the Navajo 
 Nation acting on behalf of the Navajo Nation and the 
 Members of the Navajo Nation under Exhibits 13.1 and 
 13.3 to the Settlement Agreement.
        (B) Satisfaction of water rights.--Any entitlement 
 to water of the Navajo Nation and the Members of the 
 Navajo Nation (but not Members in the capacity of the 
 Members as Navajo Allottees) or the United States 
 acting as trustee for the Navajo Nation and the Members 
 of the Navajo Nation (but not Members in the capacity 
 of the Members as Navajo Allottees), for Navajo Land 
 shall be satisfied out of the water resources and other 
 benefits granted, confirmed, quantified, or recognized 
 by the Settlement Agreement and this Act, to or for the 
 Navajo Nation, the Members of the Navajo Nation (but 
 not Members in the capacity of the Members as Navajo 
 Allottees), and the United States, acting as trustee 
 for the Navajo Nation and the Members of the Navajo 
 Nation (but not Members in the capacity of the Members 
 as Navajo Allottees).

    (2) Navajo allottees and the united states, acting as 
 trustee for the navajo allottees.--
        (A) In general.--The benefits realized by the 
 Navajo Allottees under the Settlement Agreement and 
 this Act shall be in complete replacement of, complete 
 substitution for, and full satisfaction of--
            (i) all claims waived and released by the 
 United States (acting as trustee for the Navajo 
 Allottees) under Exhibit 13.2 to the Settlement 
 Agreement; and
            (ii) any claims of the Navajo Allottees 
 against the United States similar to the claims 
 described in Exhibit 13.2 to the Settlement 
 Agreement that the Navajo Allottees asserted or 
 could have asserted.
        (B) Satisfaction of water rights.--Any entitlement 
 to water of the Navajo Allottees or the United States 
 acting as trustee for the Navajo Allottees, for Navajo 
 Allotments shall be satisfied out of the water 
 resources and other benefits granted, confirmed, or 
 recognized by the Settlement Agreement and this Act, to 
 or for the Navajo Allottees and the United States, 
 acting as trustee for the Navajo Allottees.

    (3) No right established.--Notwithstanding paragraphs

    (1) and

    (2) , nothing in the Settlement Agreement or this Act 
 recognizes or establishes any right of a Member of the Navajo 
 Nation (but not Members in the capacity of the Members as 
 Navajo Allottees) to water on Navajo Land.

    (b) Hopi Tribe and the Members of the Hopi Tribe; Hopi Allottees 
and the United States, Acting as Trustee for the Hopi Allottees.--

    (1) Hopi tribe and the members of the hopi tribe.--
        (A) In general.--The benefits provided under the 
 Settlement Agreement shall be in complete replacement 
 of, complete substitution for, and full satisfaction of 
 any claim of the Hopi Tribe and the Members of the Hopi 
 Tribe against the Parties, including the United States, 
 that is waived and released by the Hopi Tribe acting on 
 behalf of the Hopi Tribe and the Members of the Hopi 
 Tribe under Exhibits 13.6 and 13.8 to the Settlement 
 Agreement.
        (B) Satisfaction of water rights.--Any entitlement 
 to water of the Hopi Tribe and the Members of the Hopi 
 Tribe (but not Members in the capacity of the Members 
 as Hopi Allottees) or the United States acting as 
 trustee for the Hopi Tribe and the Members of the Hopi 
 Tribe (but not Members in the capacity of the Members 
 as Hopi Allottees), for Hopi Land shall be satisfied 
 out of the water resources and other benefits granted, 
 confirmed, quantified, or recognized by the Settlement 
 Agreement and this Act, to or for the Hopi Tribe, the 
 Members of the Hopi Tribe (but not Members in the 
 capacity of the Members as Hopi Allottees), and the 
 United States, acting as trustee for the Hopi Tribe and 
 the Members of the Hopi Tribe (but not Members in the 
 capacity of the Members as Hopi Allottees).

    (2) Hopi allottees and the united states, acting as trustee 
 for the hopi allottees.--
        (A) In general.--The benefits realized by the Hopi 
 Allottees under the Settlement Agreement shall be in 
 complete replacement of, complete substitution for, and 
 full satisfaction of--
            (i) all claims waived and released by the 
 United States (acting as trustee for the Hopi 
 Allottees) under Exhibit 13.7 to the Settlement 
 Agreement; and
            (ii) any claims of the Hopi Allottees 
 against the United States similar to the claims 
 described in Exhibit 13.7 to the Settlement 
 Agreement that the Hopi Allottees asserted or 
 could have asserted.
        (B) Satisfaction of water rights.--Any entitlement 
 to water of the Hopi Allottees or the United States 
 acting trustee for the Hopi Allottees, for Hopi 
 Allotments shall be satisfied out of the water 
 resources and other benefits granted, confirmed, or 
 recognized by the Settlement Agreement and this Act, to 
 or for the Hopi Allottees and the United States, acting 
 as trustee for the Hopi Allottees.

    (3) No right established.--Notwithstanding paragraphs

    (1) and

    (2) , nothing in the Settlement Agreement or this Act 
 recognizes or establishes any right of a Member of the Hopi 
 Tribe (but not Members in the capacity of the Members as Hopi 
 Allottees) to water on Hopi Land.
            (c) San Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe.--

    (1) In general.--The benefits provided under the Settlement 
 Agreement shall be in complete replacement of, complete 
 substitution for, and full satisfaction of any claim of the San 
 Juan Southern Paiute Tribe and the Members of the San Juan 
 Southern Paiute Tribe against the Parties, including the United 
 States, that is waived and released by the San Juan Southern 
 Paiute Tribe acting on behalf of the San Juan Southern Paiute 
 Tribe and the Members of the San Juan Southern Paiute Tribe 
 under Exhibits 13.11 and 13.12 to the Settlement Agreement.

    (2) Satisfaction of water rights.--Any entitlement to water 
 of the San Juan Southern Paiute Tribe and the Members of the 
 San Juan Southern Paiute Tribe or the United States, acting as 
 trustee for the San Juan Southern Paiute Tribe and the Members 
 of the San Juan Southern Paiute Tribe, for San Juan Southern 
 Paiute Land shall be satisfied out of the water resources and 
 other benefits granted, confirmed, quantified, or recognized by 
 the Settlement Agreement and this Act, to or for the San Juan 
 Southern Paiute Tribe and the Members of the San Juan Southern 
 Paiute Tribe and the United States, acting as trustee for the 
 San Juan Southern Paiute Tribe and the Members of the San Juan 
 Southern Paiute Tribe.

    (3) No right established.--Notwithstanding paragraphs

    (1) and

    (2) , nothing in the Settlement Agreement or this Act 
 recognizes or establishes any right of a Member of the San Juan 
 Southern Paiute Tribe to water on the San Juan Southern Paiute 
 Southern Area.

SEC. 16. ENFORCEABILITY DATE.

    (a) In General.--The Settlement Agreement, including the waivers 
and releases of claims described in paragraph 13 of the Settlement 
Agreement and 

section 14, shall take effect and be fully enforceable on 
the date on which the Secretary publishes in the Federal Register a 
statement of findings in accordance with the following:

    (1) The Settlement Agreement has been revised, through an 
 amendment and restatement--
        (A) to eliminate any conflict between the 
 Settlement Agreement and this Act; and
        (B) to include the executed Water Delivery 
 Contracts required by 

section 6

    (e) and subparagraphs 
 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits 
 to the Settlement Agreement.

    (2) The Settlement Agreement, as revised through an 
 amendment and restatement pursuant to paragraph

    (1) , has been 
 signed by the United States, acting through the Secretary, and 
 not fewer than 30 of the Parties who executed the Settlement 
 Agreement, making the Settlement Agreement effective, 
 including--
        (A) the Navajo Nation;
        (B) the Hopi Tribe;
            (C) the San Juan Southern Paiute Tribe;
            (D) the State;
        (E) the Arizona State Land Department;
        (F) the Central Arizona Water Conservation 
 District;
        (G) the Salt River Project Agricultural Improvement 
 and Power District; and
        (H) the Salt River Valley Water Users' Association.

    (3) Any Exhibit to the Settlement Agreement requiring 
 execution by any Party has been executed by the required Party.

    (4) The waivers and releases of claims described in 
 paragraph 13 of the Settlement Agreement and 

section 14 have 
 been executed by the United States, Navajo Nation, Hopi Tribe, 
 San Juan Southern Paiute Tribe, the State, and the other 
 Parties.

    (5) $5,136,400,000 has been authorized, appropriated, and 
 deposited in the designated accounts pursuant to 

section 13.

    (6) The LCR Decree has been approved by the LCR 
 Adjudication Court substantially in the form of the judgment 
 and decree attached as Exhibit 3.1.82 to the Settlement 
 Agreement, as amended to ensure consistency with this Act.

    (7) The Gila River Adjudication Decree has been approved by 
 the Gila River Adjudication Court substantially in the form of 
 the judgment and decree attached as Exhibit 3.1.47 to the 
 Settlement Agreement, as amended to ensure consistency with 
 this Act.

    (8) The San Juan Southern Paiute Tribe and the Navajo 
 Tribal Utility Authority have executed a water services 
 agreement to deliver municipal water to the San Juan Southern 
 Paiute Tribe and its members.

    (9) Each of the Navajo Nation, the Hopi Tribe, and the San 
 Juan Southern Paiute Tribe have executed the tribal resolution 
 described in subsections

    (a)

    (2) ,

    (b)

    (2) , and
            (c) (2) of 

section 18, respectively, consenting to the limited waiver of sovereign 
 immunity from suit in the circumstances described in that 
 section.

    (b) Failure To Satisfy Conditions.--

    (1) In general.--Except as provided in paragraph

    (2) , if 
 the Secretary fails to publish in the Federal Register a 
 statement of findings under subsection

    (a) by June 30, 2035, or 
 such alternative later date as may be agreed to by the Navajo 
 Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the 
 Secretary, and the State--
        (A) this Act is repealed;
        (B) any action taken by the Secretary and any 
 contract or agreement entered into pursuant to this Act 
 shall be void;
            (C) the United States shall be entitled to offset 
 any Federal amounts made available under 

section 13

    (a)

    (2)
        (B) that were used under that section against 
 any claims asserted by the Tribes against the United 
 States; and
            (D) any amounts appropriated under 

section 13, 
 together with any investment earnings on those amounts, 
 less any amounts expended under 

section 9, shall revert 
 immediately to the general fund of the Treasury.

    (2) Continued existence of the san juan southern paiute 
 reservation.--
        (A) In general.--

Section 19 becomes effective on 
 the date of enactment of this Act.
        (B) Continued effectiveness.--Notwithstanding 
 paragraph

    (1) , if the Secretary fails to publish in the 
 Federal Register a statement of findings under that 
 paragraph by June 30, 2035, or such alternative later 
 date as may be agreed to by the Tribes, the Secretary 
 and the State, 

section 19 shall remain in effect.

SEC. 17. COLORADO RIVER ACCOUNTING.

    (a) Accounting for the Type of Water Delivered.--

    (1) Navajo nation cibola water; navajo nation fourth 
 priority water.--All deliveries of Navajo Nation Cibola Water 
 and Navajo Nation Fourth Priority Water effected by the 
 diversion of water from the Colorado River above Lee Ferry 
 within the State shall be accounted for as deliveries of 
 Arizona Lower Basin Colorado River Water and credited as water 
 passing Lee Ferry for purposes of article III
            (d) of the 
 Colorado River Compact.

    (2) Hopi tribe cibola water.--All deliveries of Hopi Tribe 
 Cibola Water effected by the diversion of water from the 
 Colorado River above Lee Ferry within the State shall be 
 accounted for as deliveries of Arizona Lower Basin Colorado 
 River Water and credited as water passing Lee Ferry for 
 purposes of article III
            (d) of the Colorado River Compact.

    (3) Navajo nation upper basin colorado river water.--
 Subject to subsections

    (g) and

    (h) of 

section 6, all deliveries 
 of Navajo Nation Upper Basin Colorado River Water effected by 
 diversion of water from the Upper Basin in the State, New 
 Mexico, or Utah for Use on the Navajo Reservation shall be--
        (A) used within the boundaries of the Navajo 
 Reservation or outside of the Navajo Reservation if 
 conveyed from facilities that are physically connected 
 to facilities on the Navajo Reservation, as described 
 in paragraph 4.18.6 of the Settlement Agreement; and
        (B) accounted for as deliveries of Arizona Upper 
 Basin Colorado River Water.

    (4) Hopi tribe upper basin colorado river water.--All 
 deliveries of Hopi Tribe Upper Basin Colorado River Water 
 effected by diversion of water from the Upper Basin in the 
 State for Use on the Hopi Reservation shall be--
        (A) used within the boundaries of the Hopi 
 Reservation or outside of the Hopi Reservation if 
 conveyed from facilities that are physically connected 
 to facilities on the Hopi Reservation, as described in 
 paragraph 5.15.6 of the Settlement Agreement; and
        (B) accounted for as deliveries of Arizona Upper 
 Basin Colorado River Water.

    (5) Arizona upper basin colorado river water.--All 
 deliveries of Arizona Upper Basin Colorado River Water 
 apportioned to and leased by the Navajo Nation or the Hopi 
 Tribe, whether effected by a diversion of water from the Upper 
 Basin or the Lower Basin, shall be accounted for as deliveries 
 of Arizona Upper Basin Colorado River Water, subject to the 
 conditions that if the point of diversion is from the Colorado 
 River below Lee Ferry--
        (A) the amount of water to be delivered at Lee 
 Ferry under such a lease or exchange shall not exceed 
 the amount of Navajo Nation Upper Basin Colorado River 
 Water or Hopi Tribe Upper Basin Colorado River Water 
 leased or exchanged;
        (B) the associated amount of Upper Basin Colorado 
 River Water delivery actually made from the Upper Basin 
 at Lee Ferry to satisfy the lease or exchange shall not 
 be credited as water passing Lee Ferry for purposes of 
 article III
            (d) of the Colorado River Compact; and
            (C) the water shall be accounted for as deliveries 
 of Arizona Upper Basin Colorado River Water.

    (6) Arizona lower basin colorado river water.--All 
 deliveries of Arizona Lower Basin Colorado River Water 
 apportioned to and leased by the Navajo Nation or the Hopi 
 Tribe, whether effected by a diversion of water from the Upper 
 Basin or the Lower Basin, shall be accounted for as deliveries 
 of Arizona Lower Basin Colorado River Water to the Navajo 
 Nation or the Hopi Tribe, subject to the condition that if the 
 point of diversion is from the Colorado River above Lee Ferry 
 within the State the amount of water diverted by a lessee or 
 exchange partner shall be credited as water passing Lee Ferry 
 for purposes of article III
            (d) of the Colorado River Compact.

    (b) Special Accounting Rules for Lower Basin Colorado River Water 
as Lower Basin Use in Arizona, Regardless of Point of Diversion.--
Notwithstanding 

section 10603
            (c) (2)
        (A) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111-11; 123 Stat. 1384), all 
Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and 
Hopi Tribe Cibola Water delivered to and consumptively used by the 
Navajo Nation, the Hopi Tribe, or their lessees or exchange partners 
pursuant to the Settlement Agreement shall be--

    (1) credited as water reaching Lee Ferry pursuant to 
 article III
            (d) of the Colorado River Compact;

    (2) charged against the consumptive use apportionment made 
 to the Lower Basin by article III

    (a) of the Colorado River 
 Compact; and

    (3) accounted for as part of and charged against the 
 2,800,000 acre-feet of Colorado River Water apportioned to the 
 State in paragraph II
        (B) (1) of the Decree.
            (c) Additional Conditions for Use of Colorado River Water.--

    (1) In general.--No Navajo Nation Upper Basin Colorado 
 River Water or Hopi Tribe Upper Basin Colorado River Water may 
 be delivered in the Lower Basin in the State and no Navajo 
 Nation Fourth Priority Water, Navajo Nation Cibola Water, or 
 Hopi Tribe Cibola Water may be diverted in the Upper Basin 
 until such time as the Secretary has developed and, as 
 necessary and appropriate, modified, in consultation with the 
 State and the Upper Colorado River Commission and the 
 Governors' representatives of the Colorado River Basin States, 
 all operational and decisional criteria, policies, contracts, 
 guidelines, or other documents that control the operations of 
 the Colorado River System reservoirs and diversion works, so as 
 to adjust, provide for, account for, and offset the diversion 
 of Arizona Colorado River Water, subject to the conditions 
 that--
        (A) all such actions shall be consistent with the 
 provisions of 

section 10603
            (c) of the Northwestern New 
 Mexico Rural Water Projects Act (Public Law 111-11; 123 
 Stat. 1384) and this Act; and
        (B) the development of or modifications to 
 criteria, policies, contracts, guidelines, or other 
 documents made pursuant to this subsection shall be 
 applicable only for the duration of any such diversion 
 or delivery pursuant to the Northwestern New Mexico 
 Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1367) or this Act.

    (2) Required provisions.--The following are required 
 provisions to be included in any criteria, policy, contract, 
 guideline, or other document described in paragraph

    (1) :
        (A) Arizona upper basin colorado river water.--
 Arizona Upper Basin Colorado River Water released at 
 Glen Canyon Dam for water delivery from the Colorado 
 River mainstream below Glen Canyon Dam--
            (i) shall only be used within the State;
            (ii) shall be subject to all actual 
 conveyance, evaporation, and other losses 
 between Glen Canyon Dam and the point of 
 diversion;
            (iii) shall be fully delivered prior to the 
 end of the year in which it is ordered;
            (iv) shall not be greater than the Arizona 
 Upper Basin Colorado River Water minus all 
 other consumptive uses of Arizona Upper Basin 
 Colorado River Water using the average annual 
 consumptive uses based on the previous 5 years;
            (v) for the first 20 years after the 
 Enforceability Date, shall not exceed 17,050 
 AFY;
            (vi) after the first 20 years after the 
 Enforceability Date, shall not exceed 47,000 
 AFY, minus any Navajo Nation Upper Basin 
 Colorado River Water diverted from the San Juan 
 River upstream from Lake Powell and all other 
 consumptive uses of Navajo Nation Upper Basin 
 Colorado River Water and Hopi Tribe Upper Basin 
 Colorado River Water using the average annual 
 consumptive uses based on the previous 5 years;
            (vii) shall be released from Lake Powell in 
 addition to the releases of water that would 
 have otherwise occurred under any operating 
 criteria or guidelines governing releases from 
 Lake Powell; and
            (viii) for purposes of meeting the 
 requirements of article III
            (d) of the Colorado 
 River Compact, shall not be counted as water 
 flowing by Lee Ferry.
        (B) Arizona lower basin colorado river water.--
 Arizona Lower Basin Colorado River Water diverted in 
 the Upper Basin in the State--
            (i) shall only be used within the State;
            (ii) shall be fully delivered prior to the 
 end of the year for which it is ordered;
            (iii) shall not be stored in Lake Powell or 
 otherwise carried over from one water year to 
 any subsequent water year;
            (iv) shall be subject to reduction in any 
 year in which a shortage is declared to the 
 same extent as other Arizona Lower Basin 
 Colorado River Water of the same priority; and
            (v) shall reduce the amount of Arizona 
 Lower Basin Colorado River Water that would 
 otherwise be released from Lake Powell under 
 any operating criteria or guidelines.

SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY.

    (a) Limited Waiver by the Navajo Nation and the United States 
Acting as Trustee for the Navajo Nation and Navajo Allottees.--

    (1) In general.--The Navajo Nation, and the United States 
 acting as trustee for the Navajo Nation and Navajo Allottees, 
 may be joined in any action brought in any circumstance 
 described in paragraph

    (3) , and any claim by the Navajo Nation 
 and the United States to sovereign immunity from any such 
 action is waived.

    (2) Navajo nation consent.--By resolution No. CMY-26-24 and 
 dated May 24, 2024, the Navajo Nation Council has affirmatively 
 consented to the limited waiver of sovereign immunity from suit 
 in any circumstance described in paragraph

    (3) , notwithstanding 
 any provision of the Navajo Nation Code or any other Navajo 
 Nation law.

    (3) Circumstances described.--A circumstance referred to in 
 paragraphs

    (1) and

    (2) is any of the following:
        (A) Any party to the Settlement Agreement--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) this Act; or
            (II) the Settlement Agreement;
            (ii) names the Navajo Nation, or the United 
 States acting as trustee for the Navajo Nation 
 or Navajo Allottees, as a party in that action; 
 and
            (iii) does not include any request for 
 award against the Navajo Nation, or the United 
 States acting as trustee for the Navajo Nation 
 or Navajo Allottees, for money damages, court 
 costs, or attorney fees.
        (B) Any landowner or water user in the LCR 
 Watershed or the Gila River Watershed--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) paragraph 13 of the Settlement 
 Agreement;
            (II) the LCR Decree or the Gila 
 River Adjudication Decree; or
            (III) section 14;
            (ii) names the Navajo Nation, or the United 
 States acting as trustee for the Navajo Nation 
 or Navajo Allottees, as a party in that action; 
 and
            (iii) does not include any request for 
 award against the Navajo Nation, or the United 
 States acting as trustee for the Navajo Nation 
 or Navajo Allottees, for money damages, court 
 costs or attorney fees.

    (b) Limited Waiver by the Hopi Tribe and the United States Acting 
as Trustee for the Hopi Tribe and Hopi Allotees.--

    (1) In general.--The Hopi Tribe, and the United States 
 acting as trustee for the Hopi Tribe and Hopi Allottees, may be 
 joined in any action brought in any circumstance described in 
 paragraph

    (3) , and any claim by the Hopi Tribe and the United 
 States to sovereign immunity from any such action is waived.

    (2) Hopi tribe consent.--By resolution No. H-035-2024 and 
 dated May 20, 2024, the Hopi Tribal Council has affirmatively 
 consented to the limited waiver of sovereign immunity from suit 
 in any circumstance described in paragraph

    (3) , notwithstanding 
 any provision of the Hopi Tribal Code or any other Hopi Tribe 
 law.

    (3) Circumstances described.--A circumstance referred to in 
 paragraphs

    (1) and

    (2) is any of the following:
        (A) Any party to the Settlement Agreement--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) this Act; or
            (II) the Settlement Agreement;
            (ii) names the Hopi Tribe or the United 
 States, acting as trustee for the Hopi Tribe or 
 Hopi Allottees, as a party in that action; and
            (iii) does not include any request for 
 award against the Hopi Tribe, or the United 
 States acting as trustee for the Hopi Tribe or 
 Hopi Allottees, for money damages, court costs, 
 or attorney fees.
        (B) Any landowner or water user in the LCR 
 Watershed--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) paragraph 13 of the Settlement 
 Agreement;
            (II) the LCR Decree; or
            (III) section 14;
            (ii) names the Hopi Tribe, or the United 
 States acting as trustee for the Hopi Tribe or 
 Hopi Allottees, as a party in that action; and
            (iii) does not include any request for 
 award against the Hopi Tribe, or the United 
 States acting as trustee for the Hopi Tribe or 
 Hopi Allottees, for money damages, court costs, 
 or attorney fees.
            (c) Limited Waiver by the San Juan Southern Paiute Tribe and the 
United States Acting as Trustee for the San Juan Southern Paiute 
Tribe.--

    (1) In general.--The San Juan Southern Paiute Tribe and the 
 United States acting as trustee for the San Juan Southern 
 Paiute Tribe may be joined in any action brought in any 
 circumstance described in paragraph

    (3) , and any claim by the 
 San Juan Southern Paiute Tribe and the United States to 
 sovereign immunity from any such action is waived.

    (2) San juan southern paiute tribe consent.--By resolution 
 No. 2024-040, dated May 23, 2024, the San Juan Southern Paiute 
 Tribal Council has affirmatively consented to the limited 
 waiver of sovereign immunity from suit in any circumstance 
 described in paragraph

    (3) , notwithstanding any provision of 
 the San Juan Southern Paiute Tribal Code or any other San Juan 
 Southern Paiute Tribal law.

    (3) Circumstances described.--A circumstance referred to in 
 paragraphs

    (1) and

    (2) is any of the following:
        (A) Any party to the Settlement Agreement--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) this Act; or
            (II) the Settlement Agreement;
            (ii) names the San Juan Southern Paiute 
 Tribe or the United States acting as trustee 
 for the San Juan Southern Paiute Tribe as a 
 party in that action; and
            (iii) does not include any request for 
 award against the San Juan Southern Paiute 
 Tribe, or the United States acting as trustee 
 for the San Juan Southern Paiute Tribe, for 
 money damages, court costs, or attorney fees.
        (B) Any landowner or water user in the LCR 
 Watershed--
            (i) brings an action in any court of 
 competent jurisdiction relating only and 
 directly to the interpretation or enforcement 
 of--
            (I) paragraph 13 of the Settlement 
 Agreement;
            (II) the LCR Decree; or
            (III) section 14;
            (ii) names the San Juan Southern Paiute 
 Tribe or the United States acting as trustee 
 for the San Juan Southern Paiute Tribe as a 
 party in that action; and
            (iii) does not include any request for 
 award against the San Juan Southern Paiute 
 Tribe, or the United States acting as trustee 
 for the San Juan Southern Paiute Tribe, for 
 money damages, court costs, or attorney fees.

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

    (a) Ratification and Approval of the Treaty.--The Treaty and the 
Treaty Addendum are hereby approved, ratified, and confirmed.

    (b) Approval of the Secretary.--

    (1) In general.--The Secretary is authorized and directed--
        (A) to approve and execute the Treaty and the 
 Treaty Addendum, except that the specific findings 
 stated under the heading ``APPROVAL'' shall not be 
 binding on the Secretary; and
        (B) to take all steps necessary to implement the 
 Treaty and this Act.

    (2) Approval and execution of amendments.--The Secretary is 
 delegated the authority, without a further Act of Congress, to 
 approve and execute amendments to the Treaty agreed to by the 
 Navajo Nation and the San Juan Southern Paiute Tribe.
            (c) Lands Proclaimed a Reservation for the San Juan Southern Paiute 
Tribe.--

    (1) In general.--All right, title, and interest, including 
 Water Rights, to the approximately 5,400 acres of land within 
 the Navajo Indian Reservation that are described in the Treaty 
 as the San Juan Southern Paiute Northern Area and the San Juan 
 Southern Paiute Southern Area are hereby proclaimed as the San 
 Juan Southern Paiute Reservation and such land shall be held by 
 the United States in trust as a reservation for the exclusive 
 benefit of the San Juan Southern Paiute Tribe, subject to the 
 rights of access under subsection
            (d) .

    (2) No appraisal or valuation.--Notwithstanding any other 
 provision law, no appraisal or other valuation shall be 
 required to carry out this subsection.

    (3) Disclaimer of reserved water rights.--Nothing in this 
 Act constitutes an express or implied reservation of water or 
 water rights for the San Juan Southern Paiute Northern Area in 
 the State of Utah.
            (d) Rights of Access and Easements.--The Navajo Reservation and the 
San Juan Southern Paiute Reservation shall be subject to the rights of 
access and easements as identified in the Treaty.

    (e) Surveying and Fencing of Land.--

    (1) Requirement.--The Secretary shall--
        (A) as soon as practicable after the date of 
 enactment of this Act, complete a survey and legal 
 description of the boundary lines to establish the 
 boundaries of the San Juan Southern Paiute Reservation;
        (B) officially file the survey plat in the 
 appropriate office of the Department of the Interior;
            (C) mark and fence the lands as described in 
 article V of the Treaty, where feasible; and
            (D) study the feasibility of an access road to the 
 San Juan Southern Paiute Southern Area from U.S. Route 
 89, as described in article XI of the Treaty.

    (2) Legal description.--
        (A) In general.--The legal descriptions published 
 in accordance with subparagraph
        (B) shall--
            (i) be considered the official legal 
 description of the San Juan Southern Paiute 
 Reservation; and
            (ii) have the same force and effect as if 
 included in this Act.
        (B) Publication.--On completion of the surveys 
 under paragraph

    (1)
        (A) , the Secretary shall publish in 
 the Federal Register a legal description of the land 
 comprising the San Juan Southern Paiute Reservation.
            (C) Corrections.--The Secretary may make minor 
 corrections to correct technical and clerical errors in 
 the legal descriptions.

    (f) Repeal of Paiute Allotment Procedures.--

Section 9 of Public Law 
93-531 (88 Stat. 1716) is repealed.

    (g) Publication; Jurisdiction.--

    (1) Publication.--In accordance with article VI of the 
 Treaty, the Secretary shall publish in the Federal Register 
 separate notices of completion or boundary marking of--
        (A) the San Juan Paiute Northern Area; and
        (B) the San Juan Paiute Southern Area.

    (2) Jurisdiction.--On publication in the Federal Register 
 under subparagraph
        (A) or
        (B) of paragraph

    (1) --
        (A) the San Juan Southern Paiute Tribe shall have 
 full jurisdiction over all matters within that area of 
 the San Juan Southern Paiute Reservation to the fullest 
 extent permitted by Federal law; and
        (B) the Navajo Nation shall not have jurisdiction 
 over matters occurring within that area of the San Juan 
 Southern Paiute Reservation except as agreed to by the 
 Navajo Nation and the San Juan Southern Paiute Tribe.

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

    (a) Navajo Nation Upper Basin Colorado River Water for Use in the 
State.--

    (1) In general.--In addition to the 6,411 AFY of Project 
 water described in 

section 6

    (g)

    (1)
        (B) , the Secretary is 
 authorized to treat, store, and convey up to 12,000 AFY of 
 Navajo Nation Upper Basin Colorado River Water as non-Project 
 water, subject to 

section 10602

    (h)

    (1) of the Northwestern New 
 Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1382) and 

section 6

    (g) for Use in the areas of the State 
 described in 

section 6

    (g)

    (1)
            (D) , utilizing Navajo-Gallup Water 
 Supply Project facilities described in 

section 10602

    (b) of the 
 Northwestern New Mexico Rural Water Projects Act (Public Law 
 111-11; 123 Stat. 1379) (referred to in this section as the 
 ``Project facilities'').

    (2) Limitation.--Nothing in this section authorizes the 
 Secretary to extend the Navajo-Gallup Water Supply Project 
 within the State, except as authorized by the Northwestern New 
 Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1367), subject to the condition that non-Project facilities may 
 be constructed, in whole or in part, by the Navajo Nation using 
 amounts in the Navajo Nation Water Projects Trust Fund Account.

    (b) Increase in Capacity Authorized.--

    (1) In general.--The authorized capacity of the Navajo 
 Gallup Water Supply Project described in 

section 10603

    (b) of 
 the Northwestern New Mexico Rural Water Projects Act (Public 
 Law 111-11; 123 Stat. 1383) may be increased by up to 12,000 
 AFY to allow for Use of Navajo Nation Upper Basin Colorado 
 River Water in accordance with subsection

    (a)

    (1) .

    (2) Cost of increased capacity.--Any costs associated with 
 constructing and operating the increased capacity authorized by 
 paragraph

    (1) shall be solely borne by the Navajo Nation.
            (c) Conveyance of Navajo Nation Upper Basin Colorado River Water to 
the State.--Treatment, storage, and conveyance of the water described 
in subsection

    (a)

    (1) shall be subject to the following requirements and 
limitations:

    (1) Impacts to navajo-gallup water supply project.--
        (A) Deadline.--Any extension to the deadline for 
 completion of the Navajo-Gallup Water Supply Project, 
 as described in 

section 10701

    (e)

    (1)
        (A)
            (ix) of the 
 Northwestern New Mexico Rural Water Projects Act 
 (Public Law 111-11; 123 Stat. 1400), required due to 
 efforts associated with delivering Navajo Nation Upper 
 Basin Colorado River Water to the State in accordance 
 with subsection

    (a)

    (1) shall require agreement of the 
 Nation, State of New Mexico, and the Secretary as 
 described in 

section 10701

    (e)

    (1)
        (B) of that Act (Public 
 Law 111-11; 123 Stat. 1400).
        (B) Protections for project participants.--The Use 
 of Project facilities for non-Project water as provided 
 under this section shall comply with the requirements 
 of 

section 10602

    (h)

    (1) of the Northwestern New Mexico 
 Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1382) and this section.

    (2) Approval of final design to increase capacity.--As long 
 as the Bureau retains title to the Project facilities that will 
 supply water to areas in the State under this Act, the Navajo 
 Nation shall--
        (A) obtain approval in writing from the 
 Commissioner of Reclamation for the final design of the 
 connection and related facilities needed to connect the 
 extension from the San Juan Lateral, including 
 sublaterals and turnouts; and
        (B) coordinate construction of the connection and 
 related facilities with the Commissioner of 
 Reclamation.

    (3) Funding.--The funding described in the Northwestern New 
 Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
 1367) for the Navajo-Gallup Water Supply Project shall not be 
 used to design, plan, construct, operate, maintain, or repair 
 any Project infrastructure in the State of New Mexico or the 
 State to treat, store, and convey the 12,000 AFY of Navajo 
 Nation Upper Basin Colorado River Water to the State in 
 accordance with subsection

    (a)

    (1) .

SEC. 21. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT.

    (a) No Quantification or Effect on Rights of Other Indian Tribes or 
the United States on Their Behalf.--Except as provided in paragraph 8.3 
of the Settlement Agreement, nothing in this Act--

    (1) quantifies or otherwise affects the Water Rights, or 
 claims or entitlements to water of any Indian Tribe, band, or 
 community, other than the Navajo Nation, the Hopi Tribe, or the 
 San Juan Southern Paiute Tribe; or

    (2) affects the ability of the United States to take action 
 on behalf of any Indian Tribe, nation, band, community, or 
 allottee, other than the Navajo Nation, the Hopi Tribe and the 
 San Juan Southern Paiute Tribe, their Members, Navajo 
 Allottees, Hopi Allottees, and Public Domain Allottees.

    (b) No Quantification of Water Rights of Public Domain Allottees.--
Nothing in this Act--

    (1) quantifies or adjudicates any Water Right or any claim 
 or entitlement to water of a Public Domain Allottee, or 
 precludes the United States, acting as trustee for Public 
 Domain Allottees, from making claims for Water Rights in the 
 State that are consistent with the claims described in Exhibit 
 3.1.132B to the Settlement Agreement; or

    (2) except as provided in subparagraphs 8.2.3, 8.4.7, and 
 15.2.3.4 of the Settlement Agreement, affects the ability of 
 the United States to take action on behalf of Public Domain 
 Allottees.
            (c) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act, including all agreements or 
exhibits ratified or confirmed by this Act, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
            (d) No Modification or Preemption of Other Laws.--Unless expressly 
provided in this Act, nothing in this Act modifies, conflicts with, 
preempts, or otherwise affects--

    (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);

    (2) the Boulder Canyon Project Adjustment Act (54 Stat. 
 774, chapter 643);

    (3) the Act of April 11, 1956 (commonly known as the 
 ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
 seq.);

    (4) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
 seq.);

    (5) the Treaty between the United States of America and 
 Mexico, done at Washington, February 3, 1944 (59 Stat. 1219);

    (6) the Colorado River Compact;

    (7) the Upper Colorado River Basin Compact of 1948;

    (8) the Omnibus Public Land Management Act of 2009 (Public 
 Law 111-11; 123 Stat. 991);

    (9) case law relating to Water Rights in the Colorado River 
 System other than any case to enforce the Settlement Agreement 
 or this Act; or

    (10) the Navajo-Hopi Land Dispute Settlement Act of 1996 
 (Public Law 104-301; 110 Stat. 3649).

    (e) No Precedent.--

    (1) Colorado river system water.--Nothing in this Act 
 establishes a precedent for any type of transfer of Colorado 
 River System water between the Upper Basin and the Lower Basin, 
 including the leasing of Upper Basin water in the Lower Basin.

    (2) Federal reserved water rights or indian water claims.--
 Nothing in the Settlement Agreement or this Act (including 
 paragraph 13 of the Settlement Agreement and 

section 14) 
 establishes any standard or precedent for the quantification, 
 litigation, or settlement of Federal reserved water rights or 
 any Indian water claims of any Indian Tribes other than the 
 Tribes in any judicial or administrative proceeding.

    (f) Unique Situation.--

    (1) In general.--Diversions through the iina ba - paa 
 tuwaqat'si pipeline and the Navajo-Gallup Water Supply Project 
 facilities consistent with this Act address critical Tribal and 
 non-Indian water supply needs under unique circumstances, which 
 include, among other things--
        (A) the intent to benefit a number of Indian 
 Tribes;
        (B) the Navajo Nation's location in the Upper Basin 
 and the Lower Basin;
            (C) the intent to address critical Indian and non-
 Indian water needs in the State;
            (D) the lack of other reasonable alternatives 
 available for developing a firm, sustainable supply of 
 municipal water for the Navajo Nation, the Hopi Tribe, 
 and the San Juan Southern Paiute Tribe in the State;
        (E) the unique geological and hydrological features 
 of the relevant watersheds, including aquifers; and
        (F) the limited volume of water to be diverted by 
 the iina ba - paa tuwaqat'si pipeline and Navajo-Gallup 
 Water Supply Project to supply municipal Uses in the 
 State.

    (2) Arizona upper basin colorado river water.--The Use of 
 Arizona Upper Basin Colorado River Water in the Lower Basin in 
 the State is consistent with this Act and is authorized under 
 unique circumstances, which include, among other things--
        (A) that the Uses are included in a congressionally 
 approved Indian water rights settlement;
        (B) that the Navajo Nation is located in both the 
 Upper Basin and the Lower Basin;
            (C) the unavailability and unreliability of Central 
 Arizona Project Non-Indian Agricultural water available 
 for the Tribes to lease due to shortages in the Lower 
 Basin of the Colorado River; and
            (D) the intent of Congress to supplement the 
 Federal funds available to the Tribes with the revenue 
 generated by leasing as authorized under 

section 7.

    (g) Efficient Use.--The diversions and Uses authorized for the iina 
ba - paa tuwaqat'si pipeline under this Act represent unique and 
efficient Uses of Colorado River apportionments in a manner that 
Congress has determined would be consistent with the obligations of the 
United States to the Navajo Nation and the Hopi Tribe.

    (h) Preservation of Existing Rights.--

    (1) In general.--Rights to the consumptive use of water 
 apportioned to the Upper Division States and the State from the 
 Colorado River System under the Colorado River Compact and the 
 Upper Colorado River Basin Compact of 1948, and rights to the 
 consumptive use of water available for use in the Lower Basin 
 under the Colorado River Compact and the Decree, shall not be 
 changed or prejudiced by any use of water pursuant to this Act.

    (2) Savings provision.--Nothing in this Act--
        (A) adversely affects full development and 
 utilization by the State or any State of the Upper 
 Division of the Colorado River Basin of its respective 
 apportionment under the Colorado River Compact or the 
 Upper Colorado River Basin Compact of 1948;
        (B) impairs, conflicts with, or otherwise changes 
 the duties and powers of the Upper Colorado River 
 Commission; or
            (C) waives, impairs, or otherwise modifies the 
 rights of California and Nevada under the Colorado 
 River Compact, the Boulder Canyon Project Act, or the 
 Decree.
            (i) Consensus.--Congress notes the consensus of the Governors' 
Representatives of the Colorado River Basin States relating to the 
diversions, accounting, and leasing authorized under this Act.

    (j) No Effect on Enforcement of Environmental Laws.--Nothing in 
this Act precludes the United States acting as sovereign, the Navajo 
Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe from 
enforcing the requirements of--

    (1) Federal environmental laws, including--
        (A) the Comprehensive Environmental Response, 
 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
 et seq.) (including claims for damages to natural 
 resources);
        (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
 seq.);
            (C) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.);
            (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
 seq.) (commonly known as the ``Resource Conservation 
 and Recovery Act of 1976''); and
        (E) the implementing regulations of those Acts; or

    (2) the environmental laws of the Tribes, and the 
 regulations implementing those laws, on the Navajo Reservation, 
 the Hopi Reservation, the San Juan Southern Paiute Reservation, 
 Navajo Allotments, Hopi Allotments, and Off-Reservation lands 
 held in trust by the United States for the Navajo Nation, the 
 Hopi Tribe, and the San Juan Southern Paiute Tribe.
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