Bill Summary
The legislation focuses on resolving water rights and addressing infrastructure needs for the Yavapai-Apache Nation in Arizona. Key provisions include the settlement of all water rights claims related to the Verde River Watershed and Colorado River, ratification of the Yavapai-Apache Nation Water Rights Settlement Agreement, and granting authority to the Secretary of the Interior for implementation. It provides for the appropriation of funds to support these initiatives and recognizes the cultural significance of the Verde River to the tribes.
Additionally, the legislation establishes the Tu nl[[nichoh Water Infrastructure Project, which encompasses critical projects like the Cragin-Verde Pipeline and the Yavapai-Apache Nation Drinking Water System, with specific responsibilities for planning and operation. A Trust Fund is created to manage resources for water-related projects, ensuring strict oversight and protection of the funds.
The legislation also outlines provisions for well construction, clarifies the fulfillment of water rights claims, and defines trust lands for the Nation, emphasizing legal protection and management. It ensures a favorable framework for the Nation's access to Central Arizona Project water through a permanent delivery contract while detailing usage rights and financial obligations. Overall, the legislation aims to ensure equitable water access and management for the Yavapai-Apache Nation while acknowledging their cultural ties to these resources.
Possible Impacts
1. **Enhanced Water Access for the Yavapai-Apache Nation**: The legislation resolves all water rights claims for the Yavapai-Apache Nation, particularly concerning the Verde River and Colorado River. This settlement enables the tribe to secure equitable access to these vital water resources, which are essential for both domestic use and cultural practices tied to the river's significance. As a result, community members can expect improved water availability and management, positively impacting their daily lives and cultural heritage.
2. **Infrastructure Development and Management**: The establishment of the Tu nl[[nichoh Water Infrastructure Project, including the Cragin-Verde Pipeline and the Yavapai-Apache Nation Drinking Water System, will lead to significant improvements in water delivery systems for the tribe. This project not only enhances the operational capacity for water distribution but also entails a shift in responsibility to the Yavapai-Apache Nation post-completion, empowering them to manage their water infrastructure. This transition will ensure that community members have reliable access to clean water, thereby improving health outcomes.
3. **Financial Oversight and Resource Management**: The creation of the Yavapai-Apache Nation Water Settlement Trust Fund will facilitate the management of funds designated for various water-related projects, including wastewater management and watershed rehabilitation. With strict oversight and regulations governing the use of these funds, the legislation ensures that resources are allocated effectively and transparently, ultimately benefiting the community. The prohibition of per capita distributions means that funds will be focused on community-wide infrastructure improvements rather than individual payouts, promoting sustainable development within the tribe.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6931 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6931
To approve the settlement of water rights claims of the Yavapai-Apache
Nation in the State of Arizona, to authorize construction of a water
project relating to those water rights claims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 26, 2025
Mr. Crane introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Yavapai-Apache
Nation in the State of Arizona, to authorize construction of a water
project relating to those water rights claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Yavapai-Apache
Nation Water Rights Settlement Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Yavapai-Apache Nation Water
Rights Settlement Agreement.
Sec. 5. Water rights.
Sec. 6. Tu nl[[nichoh Water Infrastructure Project.
Sec. 7. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 8. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 9. Gaging station.
Sec. 10. Funding.
Sec. 11. Waivers, releases, and retentions of claims.
Sec. 12. Satisfaction of water rights and other benefits; effect on
members of the Yavapai-Apache Nation and
Dinah Hood Allotment.
Sec. 13. Trust land.
Sec. 14. Yavapai-Apache Nation CAP Water.
Sec. 15. Enforceability Date.
Sec. 16. Administration.
Sec. 17. Miscellaneous.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water, including damages claims related to water, in the State,
including in the Verde River Watershed and the Colorado River,
of--
(A) the Yavapai-Apache Nation, on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees); and
(B) the United States, acting as trustee for the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees);
(2) to authorize, ratify, and confirm the Yavapai-Apache
Nation Water Rights Settlement Agreement, to the extent that
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Agreement and this Act;
(4) to authorize the appropriation of funds necessary to
carry out the Agreement and this Act; and
(5) to recognize the important cultural, traditional and
religious value of the Verde River to the Yavepe (Yavapai) who
know the Verde River as Hatayakehela (``Big River'') and to the
Dilzh*'e (Apache) who know the Verde River as Tu nl[[nichoh
(``Big Water flowing'') and to protect the existing flows of
the Verde River, including flood flows, as described in the
Agreement and this Act, on the Yavapai-Apache Reservation, now
and in the future.
SEC. 3. DEFINITIONS.
In this Act:
(1) AFY.--The term ``AFY'' means acre-feet per Year.
(2) Agreement.--The term ``Agreement'' means--
(A) the Yavapai-Apache Nation Water Rights
Settlement Agreement, dated June 26, 2024; and
(B) any amendment or exhibit (including exhibit
amendments) to the Agreement that are--
(i) made in accordance with the Act; or
(ii) otherwise approved by the Secretary
and the Parties to the Agreement.
(3) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding an undivided
fractional beneficial interest in the Dinah Hood
Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in the Dinah Hood Allotment.
(4) Available cap supply.--The term ``Available CAP
Supply'', for any Year, means--
(A) all Fourth Priority River Water available for
delivery through the CAP;
(B) water available from CAP dams and reservoirs
other than the Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for CAP
use.
(5) CAP; central arizona project.--The term ``CAP'' or
``Central Arizona Project'' means the reclamation project
authorized and constructed by the United States in accordance
with title III of the Colorado River Basin Project Act (43
U.S.C. 1521 et seq.).
(6) CAP contract.--The term ``CAP Contract'' means a long-
term contract (as defined in the CAP Repayment Stipulation)
with the United States for delivery of CAP Water through the
CAP System.
(7) CAP fixed om&r charge.--The term ``CAP Fixed OM&R
Charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP Repayment Stipulation.
(8) CAP indian priority water.--The term ``CAP Indian
Priority Water'' means water within the Available CAP Supply
having an Indian delivery priority.
(9) CAP operating agency.--The term ``CAP Operating
Agency'' means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance and
replacement of the CAP System; and
(B) as of the date of enactment of this Act, the
CAWCD.
(10) CAP pumping energy charge.--The term ``CAP Pumping
Energy Charge'' has the meaning given the term ``Pumping Energy
Charge'' in the CAP Repayment Stipulation.
(11) CAP repayment contract.--The term ``CAP Repayment
Contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the Delivery of Water and Repayment of
Costs of the CAP; and
(B) any amendment to, or revision of, that
contract.
(12) CAP repayment stipulation.--The term ``CAP Repayment
Stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents,
entered on November 21, 2007, in the United States District
Court for the District of Arizona in the consolidated civil
action Central Arizona Water Conservation District v. United
States, et al., numbered CIV 95-625-TUC-WDB-EHC and CIV 95-
1720-PHX-EHC.
(13) CAP system.--The term ``CAP System'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in subparagraph (A), (B), (C), or
(D); and
(F) any extension of, addition to, or replacement
of a feature described in subparagraph (A), (B), (C),
(D), or (E).
(14) CAP water.--The term ``CAP Water'' has the meaning
given the term ``Project Water'' in the CAP Repayment
Stipulation.
(15) CAWCD.--The term ``CAWCD'' means the political
subdivision of the State that is--
(A) the contractor under the CAP Repayment
Contract; and
(B) as of the date of enactment of the Act, the CAP
Operating Agency.
(16) C.C. cragin dam and reservoir.--
(A) In general.--The term ``C.C. Cragin Dam and
Reservoir'' means--
(i) the C.C. Cragin Dam and Reservoir
located on East Clear Creek in Coconino County,
Arizona, owned by the United States and
operated by the Salt River Project Agricultural
Improvement and Power District;
(ii) associated facilities located in Gila
and Coconino Counties, Arizona, including
pipelines, tunnels, buildings, hydroelectric
generating facilities, and other structures of
every kind, including transmission, telephone
and fiber optic lines and pumps, machinery,
tools, and appliances; and
(iii) all real or personal property,
appurtenant to or used, or constructed or
otherwise acquired to be used, in connection
with the dam and reservoir and associated
facilities described in clauses (i) and (ii).
(B) Exclusion.--The term ``C.C. Cragin Dam and
Reservoir'' does not include the Cragin-Verde Pipeline
Project.
(17) Colorado river water.--
(A) In general.--The term ``Colorado River Water''
means the waters of the Colorado River apportioned for
Use within the State by--
(i) sections 4 and 5 of the Boulder Canyon
Project Act (43 U.S.C. 617c, 617d);
(ii) the Upper Colorado River Basin Compact
of 1948, as ratified and reprinted in title 45,
chapter 7, article 3 of the Arizona Revised
Statutes;
(iii) the Colorado River Basin Project Act
(43 U.S.C. 1501 et seq.);
(iv) the contract for delivery of water
between the United States and the State, dated
February 9, 1944; and
(v) the decree of the Supreme Court of the
United States in Arizona v. California, 376
U.S. 340 (1964), the Consolidated Decree
entered on March 27, 2006, in that case (547
U.S. 150), and any modifications thereof.
(B) Limitations.--The term ``Colorado River
Water''--
(i) shall only be used for purposes of
interpreting the Agreement and this Act; and
(ii) shall not be used for any
interpretation of existing law, contract, or
decree, including any law, contract, or decree
described in clauses (i) through (v) of
subparagraph (A).
(18) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(19) Cragin capital costs.--
(A) In general.--The term ``Cragin Capital Costs''
means all costs incurred by SRP for the acquisition and
improvement of land, facilities, equipment, and
inventories related to the C.C. Cragin Dam and
Reservoir.
(B) Inclusions.--The term ``Cragin Capital Costs''
includes all costs for labor, overhead, materials,
supplies, spare parts, equipment purchase and rental,
and transportation.
(C) Clarification.--Prior to May 1, 2009, all
expenses incurred by SRP are accrued as Cragin Capital
Costs, excluding capital costs of the SRP-Cragin
Pumping System.
(20) Cragin o&m costs.--
(A) In general.--The term ``Cragin O&M Costs''
means all costs incurred by SRP for the operation and
maintenance of all C.C. Cragin Dam and Reservoir
facilities.
(B) Inclusions.--The term ``Cragin O&M Costs''
includes--
(i) costs for insurance, inspections,
permits, taxes, fees, licenses, contract
services, legal services, accounting, travel,
environmental compliance, repairs, testing,
labor, salaries, overhead, materials, supplies,
expenses, equipment, vehicles, energy, and
fuel; and
(ii) any cost borne by SRP prior to the
assumption of care, operation, and maintenance
of the Cragin-Verde Pipeline Project by SRP
from the United States pursuant to the contract
between the United States and the Salt River
Valley Water Users' Association dated September
6, 1917, as amended.
(C) Exclusions.--The term ``Cragin O&M Costs'' does
not include--
(i) Cragin Capital Costs; or
(ii) O&M Costs and administrative and
general costs of the SRP-Cragin Pumping System
(as defined in the YAN-SRP Water Delivery and
Use Agreement).
(21) Cragin-verde pipeline project.--The term ``Cragin-
Verde Pipeline Project'' means the water infrastructure project
under the Tu nl[[nichoh Water Infrastructure Project, as
described in section 6(b), which will deliver water from the
C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation, and
to other beneficiaries in accordance with the amendments made
by section 17(a).
(22) Date of substantial completion.--The term ``Date of
Substantial Completion'' means the date described in section
6(d).
(23) Depletion; deplete.--The terms ``Depletion'' and
``Deplete'' mean the amount of Water Diverted less return flows
to the Verde River Watershed.
(24) Dinah hood allotment.--The term ``Dinah Hood
Allotment'' means the tract of land allotted pursuant to
section 4 of the Act of February 8, 1887 (commonly known as the
``Indian General Allotment Act'') (24 Stat. 389, chapter 119;
25 U.S.C. 334), that is held in trust by the United States for
the benefit of Allottees under patent number 926562, as
described and depicted in Exhibit 2.37 to the Agreement.
(25) Diversion.--The term ``Diversion'' means an act to
Divert.
(26) Divert; diverted.--The terms ``Divert'' and
``Diverted'' mean to receive, withdraw, or develop and produce
or capture Water--
(A) using a ditch, canal, flume, bypass, pipeline,
pit, collection or infiltration gallery, conduit, well,
pump, turnout, dam, or any other mechanical device; or
(B) by any other human act.
(27) Domestic use.--
(A) In general.--The term ``Domestic Use'', for
purposes of paragraph 13.0 of the Agreement and section
11, means a Use of Water serving a residence, or
multiple residences up to a maximum of 3 residential
connections, for household purposes with associated
irrigation of lawns, gardens, or landscape in an amount
of not more than one-half acre per residence.
(B) Exclusion.--The term ``Domestic Use'' does not
include the Use of Water delivered to a residence or
multiple residences by a city, town, private water
company, irrigation provider, or special taxing
district established pursuant to title 48 of the
Arizona Revised Statutes.
(28) Effective date.--The term ``Effective Date'' means the
date that the Agreement is signed by all of the Parties, other
than the United States.
(29) Effluent.--The term ``Effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely
for hydropower generation; and
(B) is available for reuse for any purpose in
accordance with applicable law and the Agreement,
regardless of whether the water has been treated to
improve the quality of the water.
(30) Enforceability date.--The term ``Enforceability Date''
means the date described in section 15.
(31) Exchange.--The term ``Exchange'' means a trade between
1 or more persons or entities of any water for any other water,
if each person or entity has a right or claim to use the water
the person or entity provides in the trade, regardless of
whether the water is traded in equal quantities or other
consideration is included in the trade.
(32) Fourth priority water.--The term ``Fourth Priority
Water'' means Colorado River Water available for delivery
within the State for satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established subsequent to September 30,
1968, for use on Federal, State, or privately owned
lands in the State, in a total quantity not to exceed
164,652 AFY of diversions; and
(B) after first providing for the delivery of
Colorado River Water for the CAP System, including for
Use on Indian land, under section 304(e) of the
Colorado River Basin Project Act (43 U.S.C. 1524(e)),
in accordance with the CAP Repayment Contract.
(33) Gila river adjudication court.--The term ``Gila River
Adjudication Court'' means the Superior Court of the State, in
and for the County of Maricopa, exercising jurisdiction over
the Gila River Adjudication Proceedings.
(34) Gila river adjudication proceedings.--The term ``Gila
River Adjudication Proceedings'' means the action pending in
the Superior Court of the State, in and for the County of
Maricopa, In re the General Adjudication of All Rights To Use
Water In The Gila River System and Source, W-1 (Salt), W-2
(Verde), W-3 (Upper Gila), W-4 (San Pedro) (Consolidated).
(35) Groundwater.--The term ``Groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) Surface Water;
(B) Effluent; or
(C) Colorado River Water.
(36) Impoundment.--
(A) In general.--The term ``Impoundment'' means any
human-made permanent body of water on the surface of
the Earth, including Stockponds, lakes, Effluent ponds,
open-air water storage tanks, irrigation ponds, and
gravel pits.
(B) Exclusions.--The term ``Impoundment'' does not
include recharge basins or swimming pools.
(37) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(38) Injury to water rights.--
(A) In general.--The term ``Injury to Water
Rights'' means an interference with, diminution of, or
deprivation of Water Rights under Federal, State or
other law.
(B) Inclusion.--The term ``Injury to Water Rights''
includes a change in the Groundwater table and any
effect of such a change.
(C) Exclusion.--The term ``Injury to Water Rights''
does not include any injury to water quality.
(39) M&I use.--The term ``M&I Use'' means the Use of Water
for domestic, municipal, industrial, and commercial purposes.
(40) Maximum annual depletion amount.--The term ``Maximum
Annual Depletion Amount'' means the maximum amount of Water
Depleted per Year for each Water Right described in
subparagraph 4.1 of the Agreement.
(41) Maximum annual diversion amount.--The term ``Maximum
Annual Diversion Amount'' means the maximum amount of Water
Diverted per Year for each Water Right described in
subparagraph 4.1 of the Agreement.
(42) Member.--The term ``Member'' means any person duly
enrolled as a member of the Yavapai-Apache Nation.
(43) Municipal water provider.--The term ``Municipal Water
Provider'' means a city, town, private water company, specially
designated homeowners association, or any special taxing
district established pursuant to title 48 of the Arizona
Revised Statutes that supplies water for M&I Use.
(44) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to
the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(45) Party.--
(A) In general.--The term ``Party'' means a person
or entity that is a signatory to the Agreement.
(B) State as a party.--The participation of the
State as a Party shall be as described in subparagraph
17.5 of the Agreement.
(C) United states as a party.--The participation of
the United States as a Party shall be in the capacity
as described in subparagraph 2.80 of the Agreement.
(46) Public water system.--The term ``Public Water System''
means a water system that--
(A) provides water for human consumption through
pipes or other constructed conveyances; and
(B) has at least 15 service connections or
regularly serves an average of at least 25 persons
daily for at least 60 days a year.
(47) Replacement well.--The term ``Replacement Well'' means
a well that--
(A) is constructed to replace a well in existence
on the Effective Date;
(B) is located no more than 660 feet from the well
being replaced; and
(C) has a pumping capacity and case diameter that
do not exceed the pumping capacity and case diameter of
the well being replaced.
(48) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(49) SRP.--The term ``SRP'' means--
(A) the Salt River Project Agricultural Improvement
and Power District, a political subdivision of the
State; and
(B) the Salt River Valley Water Users' Association,
an Arizona Territorial Corporation.
(50) SRP water.--The term ``SRP Water'' means the Water
made available in subparagraph 8.1 of the Agreement, not to
exceed an average of 500 AFY, up to a maximum of 583.86 acre-
feet in any given Year, to be stored in C.C. Cragin Reservoir,
without cost to SRP, and delivered for Use on the Reservation,
YAN Trust Land, and YAN After-Acquired Trust Land for
beneficial purposes.
(51) State.--The term ``State'' means the State of Arizona.
(52) Stockpond.--The term ``Stockpond'' means an on-channel
or off-channel Impoundment of any size that--
(A) stores water that is appropriable under title
45, Arizona Revised Statutes; and
(B) is for the sole purpose of watering livestock
and wildlife.
(53) Stock watering use.--The term ``Stock Watering Use''
means the consumption of water by livestock and wildlife,
either--
(A) directly from a naturally occurring body of
water, such as an undeveloped spring, cienega, seep,
bog, lake, depression, sink or stream; or
(B) from small facilities, other than a Stockpond,
that are served by a Diversion of Water.
(54) Surface water.--The term ``Surface Water'' means all
Water that is appropriable under State law.
(55) Total maximum annual depletion amount.--The term
``Total Maximum Annual Depletion Amount'' means the total of
all Maximum Annual Depletion Amounts, as described in
subparagraph 4.1 of the Agreement.
(56) Total maximum annual diversion amount.--The term
``Total Maximum Annual Diversion Amount'' means the total of
all Maximum Annual Diversion Amounts, as described in
subparagraph 4.1 of the Agreement.
(57) Tu nl]]nichoh water infrastructure project.--The term
``Tu nl[[nichoh Water Infrastructure Project'' means the water
infrastructure project described in section 6(a), including--
(A) the Cragin-Verde Pipeline Project, as described
in section 6(b), which will deliver Water from the C.C.
Cragin Dam and Reservoir to the Yavapai-Apache Nation
and to other beneficiaries in the Verde Valley
Watershed; and
(B) the YAN Drinking Water System Project, as
described in section 6(c), which will treat and
distribute the water delivered from the Cragin-Verde
Pipeline Project.
(58) Use.--The term ``Use'' means any beneficial use,
including instream flows, recharge, underground storage,
recovery, or any other use recognized as beneficial under
applicable law.
(59) USGS.--The term ``USGS'' means the United States
Geological Survey.
(60) Verde river decree.--The term ``Verde River Decree''
means the decree to be entered by the Gila River Adjudication
Court adjudicating all rights to water in the Verde River
Watershed.
(61) Verde river subflow zone.--The term ``Verde River
Subflow Zone'' means the area in the Verde River Watershed
delineated by the Arizona Department of Water Resources as the
subflow zone on a map or maps that are approved by the Gila
River Adjudication Court.
(62) Verde river water.--The term ``Verde River Water''
means the Water described in paragraph 5.0 of the Agreement,
whether Diverted from the stream or pumped from a well.
(63) Verde river watershed.--The term ``Verde River
Watershed'' means all land located within the surface water
drainage of the Verde River and its tributaries, depicted on
the map attached as Exhibit 2.88 to the Agreement.
(64) Water.--The term ``Water'', when used without a
modifying adjective, means--
(A) Groundwater;
(B) Surface Water;
(C) Colorado River Water;
(D) Effluent; or
(E) CAP Water.
(65) Water right.--The term ``Water Right'' means any right
in or to Groundwater, Surface Water, Colorado River Water, or
Effluent under Federal, State, or other law.
(66) YAN after-acquired trust land.--The term ``YAN After-
Acquired Trust Land'' means land that is taken into trust by
the United States for the benefit of the Yavapai-Apache Nation
pursuant to applicable Federal law after the Enforceability
Date.
(67) YAN amended cap water delivery contract.--The term
``YAN Amended CAP Water Delivery Contract'' means--
(A) the proposed contract between the Yavapai-
Apache Nation and the United States attached as Exhibit
6.1 to the Agreement; and
(B) any amendments to that contract.
(68) YAN cap water.--The term ``YAN CAP Water'' means CAP
Water--
(A) to which the Yavapai-Apache Nation is entitled
pursuant to the Agreement and section 14; and
(B) as provided in the YAN Amended CAP Water
Delivery Contract.
(69) YAN cragin water.--The term ``YAN Cragin Water'' means
that amount of the water made available in subparagraph 8.2 of
the Agreement, not to exceed an average of 2,910.26 AFY, up to
a maximum of 3,394.06 acre-feet in any given Year, to be stored
in C.C. Cragin Dam and Reservoir, without cost to SRP, and
delivered for Use on the Yavapai-Apache Reservation, YAN Trust
Land, and YAN After-Acquired Trust Land for beneficial
purposes.
(70) YAN delivery point.--The term ``YAN Delivery Point''
means the point or points located at the end of the Cragin-
Verde Pipeline Project where Water may be delivered to the YAN
or the United States acting as trustee for the YAN pursuant to
the YAN-SRP Water Delivery and Use Agreement.
(71) YAN drinking water system project; yavapai-apache
nation drinking water system project.--The terms ``YAN Drinking
Water System Project'' and ``Yavapai-Apache Nation Drinking
Water System Project'' mean the water treatment and water
distribution system project of the Yavapai-Apache Nation under
the Tu nl[[nichoh Water Infrastructure Project, as described in
section 6(c), that will treat and distribute water delivered
from the C.C. Cragin Dam and Reservoir.
(72) YAN fee land.--The term ``YAN Fee Land'' means land
that, as of the Enforceability Date, is--
(A) located outside the exterior boundaries of the
Yavapai-Apache Reservation;
(B) owned in fee by the Yavapai-Apache Nation and
has not been taken into trust by the United States for
the benefit of the Yavapai-Apache Nation; and
(C) described and shown in Exhibit 2.98 to the
Agreement.
(73) YAN judgment.--The term ``YAN Judgment'' means the
judgment and decree entered by the Gila River Adjudication
Court, as described in the Agreement.
(74) YAN land.--The term ``YAN Land'' means, collectively,
the YAN Reservation, YAN Trust Land, and YAN Fee Land.
(75) YAN point of compliance.--The term ``YAN Point of
Compliance'' means the location of the Verde River proximate to
USGS Gage Number 09504950 identified as the ``Verde River Above
Camp Verde'' gage, located at GPS coordinates 34.6116972,
-111.8984306 within the Reservation.
(76) YAN-SRP exchange agreement.--The term ``YAN-SRP
Exchange Agreement'' means the agreement between the Nation and
SRP, as approved by the United States, in the form
substantially similar to that attached as Exhibit 6.5 to the
Agreement.
(77) YAN-SRP water delivery and use agreement.--The term
``YAN-SRP Water Delivery and Use Agreement'' means the
agreement between the Nation and SRP, as approved by the United
States, in the form substantially similar to that attached as
Exhibit 10.1 to the Agreement.
(78) Yavapai-apache nation; yan; nation.--The terms
``Yavapai-Apache Nation'', ``YAN'', and ``Nation'' mean the
Yavapai-Apache Nation of the Camp Verde Indian Reservation,
Arizona, a federally recognized Indian Tribe organized pursuant
to section 16 of the Act of June 18, 1934 (commonly known as
the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576;
25 U.S.C. 5123).
(79) YAN trust land.--The term ``YAN Trust Land'' means
land that, as of the Enforceability Date, is--
(A) located outside the boundaries of the YAN
Reservation;
(B) held in trust by the United States for the
benefit of the YAN; and
(C) depicted on the map attached as Exhibit 2.103
to the Agreement.
(80) Yavapai-apache reservation; yan reservation;
reservation.--The terms ``Yavapai-Apache Reservation'', ``YAN
Reservation'' or ``Reservation'' mean the land described in
section 13(a).
(81) Year.--The term ``Year''--
(A) when used in the context of deliveries of YAN
Cragin Water and SRP Water pursuant to paragraph 8.0 of
the Agreement, means May 1 through April 30; and
(B) in all other instances, means a calendar year.
SEC. 4. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE NATION WATER
RIGHTS SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the
extent the Yavapai-Apache Nation Water Rights Settlement
Agreement does not conflict with this Act, the Agreement is
authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement,
including an amendment to any exhibit attached to the Agreement
requiring the signature or approval of the Secretary, is
executed in accordance with this Act to make the Agreement
consistent with this Act, the amendment is authorized,
ratified, and confirmed, to the extent the amendment is
consistent with this Act.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this Act, the Secretary shall execute the
Agreement, including all exhibits to, or parts of, the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary from approving any modification to the Agreement,
including any Exhibit to the Agreement, that is consistent with
this Act, to the extent the modification does not otherwise
require congressional approval under section 2116 of the
Revised Statutes (25 U.S.C. 177) or any other applicable
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement (including
all exhibits to the Agreement requiring the signature of the
Secretary) and this Act, the Secretary shall comply with all
applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Authorizations.--The Secretary shall--
(A) independently evaluate the documentation
prepared and submitted under paragraph (1); and
(B) be responsible for the accuracy, scope, and
contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance and coordination activities under this
subsection shall be paid from funds deposited in the Tu
nl[[nichoh Water Infrastructure Project Fund established by
section 7(a), subject to the condition that any costs
associated with the performance of Federal approval or other
review of that compliance work or costs associated with
inherently Federal functions shall remain the responsibility of
the Secretary.
SEC. 5. WATER RIGHTS.
(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Yavapai-Apache
Nation as described in the Agreement are ratified, confirmed
and declared to be valid.
(2) Use.--Any use of Water pursuant to the Water Rights
described in paragraph (1) by the Yavapai-Apache Nation shall
be subject to the terms and conditions of the Agreement and
this Act.
(3) Conflict.--In the event of a conflict between the
Agreement and this Act, this Act shall control.
(b) Water Rights To Be Held in Trust for the Yavapai-Apache
Nation.--The United States shall hold the following Water Rights in
trust for the benefit of the Yavapai-Apache Nation:
(1) The Water Rights described in paragraphs 5.0, 6.0, 8.0,
9.0 and 11.0 of the Agreement.
(2) Any Water Rights taken into trust pursuant to
subsections (f) and (g).
(c) Off-Reservation Use.--Except for Effluent as provided in
subparagraph 4.15 of the Agreement, YAN CAP Water as provided in
subparagraph 6.0 of the Agreement, and Water that is subject to an
Exchange in accordance with State law, the rights to Water described in
subparagraph 4.1 of the Agreement may not be sold, leased, transferred
or used outside the boundaries of the YAN Reservation, YAN Trust Land,
or YAN After-Acquired Trust Land.
(d) Forfeiture and Abandonment.--None of the water rights described
in paragraphs (1) and (2) of subsection (b) shall be subject to loss
through non-use, forfeiture, abandonment, or other operation of law.
(e) Yavapai-Apache Nation CAP Water.--The Yavapai-Apache Nation
shall have the right to divert, use, and store YAN CAP Water in
accordance with the Agreement and section 14.
(f) Water Rights Held in Trust for YAN After-Acquired Trust Land.--
As described in subparagraph 4.13.2.1 of the Agreement, and subject to
all valid and existing rights, any Water Rights appurtenant to YAN
After-Acquired Trust Land at the time the YAN After-Acquired Trust Land
is taken into trust by the Secretary shall be held in trust by the
United States for the benefit of the Yavapai-Apache Nation.
(g) Water Rights Held in Trust for Future Acquisitions of Water
Rights.--As described in subparagraphs 4.14.1 and 4.14.2 of the
Agreement, and subject to all valid and existing rights, on the request
of the Yavapai-Apache Nation, and in accordance with applicable Federal
law, the Secretary shall accept and take into trust for the benefit of
the Yavapai-Apache Nation any Water Rights severed and transferred to
the Reservation, YAN Trust Land, or YAN After-Acquired Trust Land.
SEC. 6. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT.
(a) In General.--The Secretary, acting through the Commissioner,
shall plan, design and construct the Tu nl[[nichoh Water Infrastructure
Project, which shall consist of--
(1) the Cragin-Verde Pipeline Project as described in
subsection (b); and
(2) the Yavapai-Apache Nation Drinking Water System Project
as described in subsection (c).
(b) Cragin-Verde Pipeline Project.--
(1) In general.--The Secretary, acting through the
Commissioner, and without cost to the Salt River Federal
Reclamation Project, shall--
(A) plan, design, and construct the Cragin-Verde
Pipeline Project as part of the Salt River Federal
Reclamation Project; and
(B) obtain any rights-of-way or other interests in
land needed to construct the Cragin-Verde Pipeline
Project.
(2) Scope.--The scope of the planning, design, and
construction activities for the Cragin-Verde Pipeline Project
shall meet the requirements described in paragraph (3).
(3) Requirements.--The Cragin-Verde Pipeline Project
shall--
(A) be capable of delivering--
(i) not less than 6,836.92 AFY of water
from the C.C. Cragin Dam and Reservoir for Use
by the YAN as provided in the Settlement
Agreement and this Act; and
(ii) up to an additional 1,912.18 AFY for
Use by water users in Yavapai County as
provided by the amendments made by section
17(a);
(B) include all facilities and appurtenant items
necessary to divert, store, and deliver water to the
YAN Delivery Point on the Yavapai-Apache Reservation;
and
(C) to the maximum extent practicable, be designed
and constructed to minimize care, operation, and
maintenance costs.
(4) Title to facilities.--Title to the Cragin-Verde
Pipeline Project shall be held by the United States as part of
the Salt River Federal Reclamation Project pursuant to the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (commonly known as
the ``Reclamation Act of 1902'') (43 U.S.C. 371 et seq.).
(5) Assumption of and responsibility for care, operation,
and maintenance of cragin-verde pipeline project.--On the Date
of Substantial Completion, SRP shall assume and be responsible
for the care, operation, and maintenance of the Cragin-Verde
Pipeline Project pursuant to the contract between the United
States and the Salt River Valley Water Users' Association dated
September 6, 1917, as amended.
(6) Costs of care, operation, and maintenance to be borne
by project beneficiaries.--
(A) In general.--The costs of the care, operation,
and maintenance of the Cragin-Verde Pipeline Project
shall not be borne by SRP.
(B) Costs borne by yan.--Except as provided in
subparagraph 10.10 of the Agreement, the Yavapai-Apache
Nation and any other beneficiaries of the Cragin-Verde
Pipeline Project shall bear the costs of the care,
operation, and maintenance of the Cragin-Verde Pipeline
Project on a pro rata basis after the Date of
Substantial Completion.
(C) Costs borne by secretary.--Until the Date of
Substantial Completion, the costs of care, operation,
and maintenance shall be borne by the Secretary.
(7) Withdrawal and reservation.--
(A) Definition of covered land.--In this paragraph,
the term ``covered land'' means the portion of the
National Forest System land determined by the Secretary
to be necessary for the construction and operation of
the Cragin-Verde Pipeline Project as depicted on the
map prepared under subparagraph (D).
(B) Withdrawal of covered land.--The covered land
is permanently withdrawn from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing,
mineral materials, and geothermal leasing laws.
(C) Reservation of covered land.--Subject to valid
existing rights, the covered land is reserved to the
United States, through the Secretary, for the exclusive
right to use the covered land and interests in the
covered land for Bureau of Reclamation purposes to
construct the Cragin-Verde Pipeline Project as part of
the Salt River Federal Reclamation Project and operated
by SRP pursuant to the contract between the United
States and the Salt River Valley Water Users'
Association dated September 6, 1917, as amended.
(D) Map of covered land.--As soon as practicable
after the date of enactment of this Act, the Secretary
shall prepare a map depicting the boundary of the
covered land, which shall be on file and available for
public inspection in the appropriate offices of the
Forest Service and the Bureau of Reclamation.
(c) Yavapai-Apache Nation Drinking Water System Project.--
(1) In general.--The Secretary, acting through the
Commissioner, shall--
(A) plan, design and construct the YAN Drinking
Water System Project;
(B) comply with all requirements of section
4(c)(1); and
(C) obtain any rights-of-way or other interests in
land needed to construct the YAN Drinking Water System
Project.
(2) Scope.--The scope of the planning, design, and
construction activities for the YAN Drinking Water System
Project shall be as generally described in the document
entitled ``Yavapai-Apache Nation Drinking Water Infrastructure
Plan'' and dated July 2024, subject to the condition that the
design of the project may be adjusted by mutual agreement of
the Secretary and the Yavapai-Apache Nation if--
(A) the requirements of paragraph (3) can be met;
and
(B) the adjustment is not expected to increase the
total cost of the YAN Drinking Water System Project.
(3) Requirements.--The YAN Drinking Water System Project
shall--
(A) include a surface water treatment facility
capable of treating up to 2,250,000 gallons of water
per day, with a peak of 3,000,000 gallons of water per
day, for water delivered to the YAN Delivery Point from
the C.C. Cragin Dam and Reservoir via the Cragin-Verde
Pipeline Project, except as otherwise provided for in
paragraph (4);
(B) include pipelines, water storage tanks, pump
stations, transmission mains, and other associated
infrastructure necessary for the delivery of the
treated water from the surface water treatment facility
described in subparagraph (A) to the locations
described in the Yavapai-Apache Nation Drinking Water
Infrastructure Plan dated July 2024, or as otherwise
agreed to by the Nation and the Secretary; and
(C) to the maximum extent practicable, be designed
and constructed to minimize care, operation, and
maintenance costs.
(4) Increase in capacity and cost share.--For the water
described in the amendments made by section 17(a), the
Secretary is authorized to increase the capacity of the YAN
Drinking Water System Project to treat and deliver up to an
additional 2,500,000 gallons of water per day, for such water
delivered to the YAN Delivery Point from the C.C. Cragin Dam
and Reservoir via the Cragin-Verde Pipeline Project, subject to
the conditions that--
(A) the Yavapai-Apache Nation and the water user or
users described in the amendments made by section 17(a)
agree to terms and conditions for the Nation to treat
and distribute the water described in that section;
(B)(i) the water user or water users located in
Yavapai County pay their share of the cost of
construction to increase the capacity of the YAN
Drinking Water System Project; and
(ii) payment for such costs are deposited into the
YAN Drinking Water System Project Fund Account
described in section 7(c)(2) for use for the purposes
described in paragraph (1); and
(C) the request to increase the capacity of the YAN
Drinking Water System Project and meeting the
conditions required under this paragraph will not delay
the timely completion of the YAN Drinking Water System
Project to accept delivery of water from the Cragin-
Verde Pipeline Project to the YAN Delivery Point for
the benefit of the Yavapai-Apache Nation.
(5) Title to facilities.--
(A) In general.--The YAN Drinking Water System
Project shall be owned by the United States during
construction.
(B) Transfer of title to yan.--On the Date of
Substantial Completion of the Tu nl[[nichoh Water
Infrastructure Project, the Secretary shall transfer
title to the YAN Drinking Water System Project to the
Yavapai-Apache Nation.
(6) Assumption of and responsibility care, operation and
maintenance of the yan drinking water system project.--
(A) In general.--On the Date of Substantial
Completion of the Tu nl[[nichoh Water Infrastructure
Project, the Yavapai-Apache Nation shall assume and be
responsible for the care, operation, and maintenance of
the YAN Drinking Water System Project.
(B) Costs during construction.--Until the Date of
Substantial Completion, the costs of care, operation,
and maintenance shall be borne by the Secretary.
(7) Applicability of isdeaa.--On receipt of a request of
the Yavapai-Apache Nation, and in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.), the Secretary shall enter into 1 or more agreements
with the Nation to carry out the activities authorized by this
subsection.
(8) Condition.--As a condition of construction of the YAN
Drinking Water System Project authorized by this subsection,
the Nation shall authorize, at no cost to the Secretary, the
use of all land or interests in land located on the
Reservation, YAN Trust Land, and YAN After-Acquired Trust Land
that the Secretary identifies as necessary for the planning,
design, construction, operation, and maintenance of the YAN
Drinking Water System Project until the transfer of title to
the YAN Drinking Water System Project to the Nation pursuant to
paragraph (5)(B).
(d) Date of Substantial Completion.--The Tu nl[[nichoh Water
Infrastructure Project shall be deemed substantially complete on the
date on which written notice is provided to the Parties by the Bureau
of Reclamation that the Cragin-Verde Pipeline Project and the YAN
Drinking Water System Project are sufficiently complete to place the
projects into service for their intended use.
SEC. 7. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT FUND.
(a) Establishment.--The Secretary shall establish a non-trust
interest-bearing account, to be known as the Tu nl[[nichoh Water
Infrastructure Project Fund (referred to in this section as the
``Project Fund'') and to be managed and distributed by the Secretary to
carry out this Act.
(b) Accounts.--The Secretary shall establish within the Project
Fund the following accounts (referred to in this section as the
``Project Fund Accounts''):
(1) The Cragin-Verde Pipeline Account.
(2) The YAN Drinking Water System Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Cragin-Verde Pipeline Account established under
subsection (b)(1), the amounts made available pursuant to
section 10(a)(1)(A); and
(2) in the YAN Drinking Water System Account established
under subsection (b)(2), the amounts made available pursuant to
section 10(a)(1)(B).
(d) Uses.--
(1) Cragin-verde pipeline account.--The Cragin-Verde
Pipeline Account established under subsection (b)(1) shall be
used by the Secretary--
(A) to carry out section 6(b), including all
required environmental compliance under section 4(c),
for the Cragin-Verde Pipeline Project; and
(B) to reimburse SRP for the proportional Cragin
Capital Costs and Cragin O&M Costs associated with
water delivered to the Yavapai-Apache Nation from the
C.C. Cragin Dam and Reservoir under subparagraph 8.6.1
of the Agreement.
(2) YAN drinking water system account.--The YAN Drinking
Water System Account established under subsection (b)(2) shall
be used by the Secretary to carry out section 6(c), including
all required environmental compliance under section 4(c), for
the YAN Drinking Water System Project.
(e) Availability of Amounts.--
(1) In general.--Except as provided in paragraph (2),
amounts appropriated to and deposited in the Project Fund
Accounts under subparagraphs (A) and (B) of section 10(a)(1)
shall not be made available for expenditure until the
Enforceability Date.
(2) Exception.--Of the amounts described in paragraph (1),
$13,000,000 shall be made available before the Enforceability
Date for the Bureau of Reclamation to carry out environmental
compliance and preliminary design of the Tu nl[[nichoh Water
Infrastructure Project, subject to the following:
(A) The revision of the Settlement Agreement and
exhibits to conform to this Act.
(B) Execution by all of the required settlement
parties, including the United States, of the conformed
Settlement Agreement and exhibits, including the
waivers and releases of claims under section 11.
(f) Interest.--In addition to the deposits to the Project Fund
Accounts under subsection (c), any investment earnings, including
interest credited to amounts unexpended, are authorized to be
appropriated to be used in accordance with the uses described in
paragraphs (1) and (2) of subsection (d).
(g) Project Efficiencies.--
(1) In general.--If the total cost of the activities
described in subsection (b) or (c) of section 6 are less than
the amounts authorized to be appropriated under subparagraphs
(A) and (B) of section 10(a)(1) to carry out those activities,
the Secretary shall deposit the savings into the other Project
Fund Account, if such funds are necessary to complete the
construction of any component of the Tu nl[[nichoh Water
Infrastructure Project.
(2) Remaining funds.--
(A) In general.--Any funds remaining in the Project
Fund on the Date of Substantial Completion shall be
deposited in the Yavapai-Apache Nation Water Settlement
Trust Fund established by section 8(a) not later than
60 days after that date.
(B) Allocation.--No later than 30 days after the
Date of Substantial Completion, the Yavapai-Apache
Nation may direct the allocation and amounts for the
deposit of such funds to 1 or more of the accounts
described in section 8(b), but if no timely direction
is provided to the Secretary, the Secretary shall
deposit the full amount of such funds to the Yavapai-
Apache Water Projects Account described in paragraph
(2) of that section.
SEC. 8. YAVAPAI-APACHE NATION WATER SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Yavapai-Apache Nation, to be known as the ``Yavapai-Apache Nation
Water Settlement Trust Fund'' (referred to in this section as the
``Trust Fund''), to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury, consisting of the amounts
deposited in the Trust Fund under subsection (c), together with any
investment earnings, including interest, earned on those amounts for
the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Yavapai-Apache Water Settlement Implementation
Account.
(2) The Yavapai-Apache Water Projects Account.
(3) The Yavapai-Apache Wastewater Projects Account.
(4) The Yavapai-Apache OM&R Account.
(5) The Yavapai-Apache Watershed Rehabilitation and
Restoration Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Yavapai-Apache Water Settlement Implementation
Account established under subsection (b)(1), the amounts made
available pursuant to subparagraph (A) of section 10(a)(2);
(2) in the Yavapai-Apache Water Projects Account
established under subsection (b)(2), the amounts made available
pursuant to subparagraph (B) of that section;
(3) in the Yavapai-Apache Wastewater Projects Account
established under subsection (b)(3), the amounts made available
pursuant to subparagraph (C) of that section;
(4) in the Yavapai-Apache OM&R Account established under
subsection (b)(4), the amounts made available pursuant to
subparagraph (D) of that section; and
(5) in the Yavapai-Apache Watershed Rehabilitation and
Restoration Account established under subsection (b)(5), the
amounts made available pursuant to subparagraph (E) of that
section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of amounts into the
Trust Fund pursuant to subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Trust Fund in
a manner that is consistent with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to the Trust Fund under subsection (c), any investment
earnings, including interest, credited to amounts in the Trust
Fund are authorized to be used in accordance with subsection
(g).
(e) Availability of Amounts.--Amounts deposited in the Trust Fund
(including any investment earnings) shall be made available to the
Yavapai-Apache Nation by the Secretary beginning on the Enforceability
Date, subject to the requirements of this Act.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Yavapai-Apache Nation may
withdraw any portion of the amounts in the Trust Fund
on approval by the Secretary of a Tribal management
plan submitted by the Nation in accordance with the
American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this subsection shall require
that the Yavapai-Apache Nation spend all amounts
withdrawn from the Trust Fund and any investment
earnings accrued through the investments under the
Tribal management plan in accordance with this Act.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce a Tribal management plan;
and
(ii) to ensure that amounts withdrawn by
the Yavapai-Apache Nation from the Trust Fund
under this subsection are used in accordance
with this Act.
(2) Expenditure plan.--
(A) In general.--The Yavapai-Apache Nation may
submit to the Secretary a request to withdraw funds
from the Trust Fund pursuant to an approved expenditure
plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under this paragraph,
the Yavapai-Apache Nation shall submit to the Secretary
an expenditure plan for any portion of the Trust Fund
that the Yavapai-Apache Nation elects to withdraw
pursuant to this paragraph, subject to the condition
that the amounts shall be used for the purposes
described in this Act.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Trust Fund will be used by the Yavapai-Apache
Nation in accordance with this Act.
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (B) if
the Secretary determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
to carry out, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
subsection are used in accordance with this Act.
(g) Uses.--The amounts from the Trust Fund shall be used by the
Yavapai-Apache Nation for the following purposes:
(1) The yavapai-apache water settlement implementation
account.--Amounts in the Yavapai-Apache Water Settlement
Implementation Account established under subsection (b)(1) may
only be used--
(A) to pay fees and costs incurred by the Yavapai-
Apache Nation for filing and processing any application
or obtaining any permit required under paragraph 5.0,
8.0, or 11.0 of the Agreement;
(B) to pay costs incurred by the Yavapai-Apache
Nation to participate in the planning, preliminary
design, and environmental compliance activities for the
Cragin-Verde Pipeline Project;
(C) to engage in water management planning to
comply with paragraph 12.0 of the Agreement; and
(D) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for work under subparagraph (A),
(B), or (C).
(2) The yavapai-apache water projects account.--Amounts in
the Yavapai-Apache Water Projects Account established under
subsection (b)(2) may only be used--
(A) for environmental compliance, permitting,
planning, engineering and design, and construction,
including acquisition of any necessary rights-of-way or
other interests in land, and any other related
activities necessary for the completion of construction
for--
(i) expansion of the YAN Drinking Water
System Project after the Date of Substantial
Completion;
(ii) water infrastructure, and water
storage and recovery projects, that facilitate
the use or management of the water sources
identified in subparagraph 4.1 of the
Agreement; and
(iii) the proportionate share of the
Yavapai-Apache Nation for any joint project
with communities in the Verde Valley Watershed
that facilitate the use or management of the
water sources identified in subparagraph 4.1 of
the Agreement; and
(B) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for projects under subparagraph
(A).
(3) The yavapai-apache wastewater projects account.--
Amounts in the Apache Wastewater Projects Account established
under subsection (b)(3) may only be used--
(A) for environmental compliance, planning,
permitting, engineering and design, and construction,
including acquisition of any necessary rights-of-way or
other interests in land, and any other related
activities necessary for the completion of construction
for--
(i) wastewater infrastructure, and
wastewater storage and recovery projects, that
facilitate the reuse or management of Effluent;
and
(ii) the proportionate share of the
Yavapai-Apache Nation for any joint project or
projects with communities in the Verde Valley
Watershed that facilitate the reuse or
management of Effluent;
(B) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for projects under subparagraph
(A); and
(C)(i) to pay the outstanding debt on the loan of
the Yavapai-Apache Nation with the Water Infrastructure
and Finance Authority of Arizona for the construction
of the Middle Verde Water Reclamation Facility; and
(ii) to reimburse the Yavapai-Apache Nation up to
$8,000,000 in additional construction costs related to
construction of the Middle Verde Water Reclamation
Facility.
(4) The yavapai-apache om&r account.--Amounts in the
Yavapai-Apache OM&R Account established under subsection (b)(4)
may only be used to pay--
(A) OM&R and energy costs for the Tu nl[[nichoh
Water Infrastructure Project, including the Cragin-
Verde Pipeline Project and the YAN Drinking Water
System Project;
(B) OM&R, energy costs, and any other charges
assessed to the Yavapai-Apache Nation pursuant to the
YAN-SRP Water Delivery and Use Agreement, the YAN-SRP
Exchange Agreement, and the YAN Amended CAP Water
Delivery Contract;
(C) OM&R for Yavapai-Apache Nation projects
described in paragraphs (2), (3), and (5); and
(D) OM&R, energy costs, and other charges incurred
by the Nation for the storage, transportation and
recovery of water or Effluent.
(5) Yavapai-apache watershed rehabilitation and restoration
account.--Amounts in the Yavapai-Apache Watershed
Rehabilitation and Restoration Account established under
subsection (b)(5) may only be used for the purpose of
environmental compliance, permitting, planning, engineering and
design activities, and construction of projects for the
protection and restoration of the Verde River Watershed, and
any other related activities necessary for the completion of
such projects.
(h) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Trust Fund by the Yavapai-Apache Nation under
subsection (f).
(i) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Trust Fund shall remain
in the Yavapai-Apache Nation.
(j) No Per Capita Distributions.--No portion of the Trust Fund
shall be distributed on a per capita basis to any Member of the
Yavapai-Apache Nation.
(k) Expenditure Reports.--The Yavapai-Apache Nation shall annually
submit to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan under subsection (f)(1) or an expenditure plan
under subsection (f)(2).
(l) Effect.--Nothing in this section gives the Yavapai-Apache
Nation the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under
subsection (f)(1) or an expenditure plan under subsection (f)(2) except
under subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act'').
SEC. 9. GAGING STATION.
The Secretary, acting through the Director of the USGS, shall
continue to maintain and operate the existing USGS gaging station at
the YAN Point of Compliance, identified as ``Verde River Above Camp
Verde - 09504950'' in Exhibit 11.1B to the Agreement, within the
Yavapai-Apache Reservation, for the purpose of monitoring the instream
flow right of the Yavapai-Apache Nation to the Verde River as described
in paragraph 11.0 of the Agreement.
SEC. 10. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary, to remain available to the Secretary until expended,
withdrawn, or reverted to the general fund of the Treasury, the
following amounts:
(1) Tu nl]]nichoh water infrastructure project fund.--For
deposit in the following accounts of the Tu nl[[nichoh Water
Infrastructure Project Fund established under section 7(a):
(A) $731,059,000 in the Cragin-Verde Pipeline
Account established under section 7(b)(1).
(B) $152,490,000 in the YAN Drinking Water System
Account established under section 7(b)(2).
(2) Yavapai-apache nation water settlement trust fund.--For
deposit in the following accounts of the Yavapai-Apache Nation
Water Settlement Trust Fund established under section 8(a):
(A) $300,000 in the Yavapai-Apache Water Settlement
Implementation Account established under section
8(b)(1).
(B) $58,000,000 in the Yavapai-Apache Water
Projects Account established under section 8(b)(2).
(C) $31,000,000 in the Yavapai-Apache Wastewater
Projects Account established under section 8(b)(3).
(D) $66,000,000 in the Yavapai-Apache OM&R Account
established under section 8(b)(4).
(E) $700,000 in the Yavapai-Apache Watershed
Rehabilitation and Restoration Account established
under section 8(b)(5).
(b) Fluctuation in Costs.--
(1) Project fund.--The amounts appropriated under
subsection (a)(1) shall be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after January 1, 2024,
as indicated by the Bureau of Reclamation Construction
Cost Index applicable to the types of construction
involved; and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the means of construction and
current industry standards involved.
(2) Trust fund.--The amounts appropriated under subsection
(a)(2) shall be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after January 1, 2024,
as indicated by the Bureau of Reclamation Construction
Cost Index--Composite Trend; and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the means of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(4) Requirements for adjustment process.--The adjustment
process under this subsection shall be repeated for each
subsequent amount appropriated for deposit in the Tu nl[[nichoh
Water Infrastructure Project Fund under subsection (a)(1) and
the Yavapai-Apache Nation Water Settlement Trust Fund under
subsection (a)(2), until the amount authorized to be
appropriated, as so adjusted, has been appropriated.
(5) Period of indexing.--
(A) Project fund.--With respect to the Tu
nl[[nichoh Water Infrastructure Project Fund, the
period of indexing adjustment for any increment of
funding shall be annual until the Tu nl[[nichoh Water
Infrastructure Project is completed.
(B) Trust fund.--With respect to the Yavapai-Apache
Nation Water Settlement Trust Fund, the period of
indexing adjustment for any increment of funding shall
end on the date on which funds are deposited into the
Yavapai-Apache Nation Water Settlement Trust Fund.
(c) Commencement of Environmental Compliance.--Subject to the
requirements of subparagraphs (A) and (B) of section 7(e)(2), effective
beginning on the date of deposit of funds in the Tu nl[[nichoh Water
Infrastructure Project Fund under subsection (a)(1), the Secretary
shall commence any planning, design, environmental, cultural, and
historical compliance activities necessary to implement the Agreement
and this Act, including activities necessary to comply with section
4(c)(1).
SEC. 11. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Waiver, Release, and Retention of Claims for Water Rights and
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but
Not Members in the Capacity of the Members as Allottees), and the
United States, Acting as Trustee for the Yavapai-Apache Nation (but Not
Members in the Capacity of the Members as Allottees).--
(1) In general.--Except as provided in paragraph (3), the
Yavapai-Apache Nation, on behalf of the Yavapai-Apache Nation
and the Members of the Yavapai-Apache Nation (but not Members
in the capacity of the Members as Allottees), and the United
States, acting as trustee for the Yavapai-Apache Nation and the
Members of the Yavapai-Apache Nation (but not Members in the
capacity of the Members as Allottees), as part of the
performance of the respective obligations of the Yavapai-Apache
Nation and the United States under the Agreement and this Act,
shall execute a waiver and release of any claims against the
State (or any agency or political subdivision of the State),
and any other individual, entity, corporation, or municipal
corporation under Federal, State, or other law for all--
(A) past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
YAN Land, arising from time immemorial and, thereafter,
forever;
(B) past, present, and future claims for Water
Rights, including rights to Colorado River Water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of
the Yavapai-Apache Nation;
(C) past and present claims for Injury to Water
Rights, including rights to Colorado River Water, for
YAN Land, arising from time immemorial through the
Enforceability Date;
(D) past, present, and future claims for Injury to
Water Rights, including rights to Colorado River Water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of
the Yavapai-Apache Nation;
(E) claims for Injury to Water Rights, including
rights to Colorado River Water, arising after the
Enforceability Date, for YAN Land, resulting from the
off-Reservation Diversion or Use of Water in a manner
not in violation of the Agreement or State law; and
(F) past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) Form; effect.--The waiver and release of claims
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.1
to the Agreement; and
(B) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.1
to the Agreement, the Yavapai-Apache Nation, on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache
Nation, and the United States, acting as trustee for the YAN
and the Members of the YAN (but not Members in the capacity of
the Members as Allottees), shall retain any right--
(A) subject to subparagraph 17.9 of the Agreement,
to assert claims for injuries to, and seek enforcement
of, their rights under the Agreement or this Act in any
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, their rights under any judgment or
decree entered by the Gila River Adjudication Court,
including the Verde River Decree;
(C) to assert claims for Water Rights or Injury to
Water Rights acquired before the Enforceability Date
pursuant to subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water
Rights or Injury to Water Rights by or for any Indian
Tribe, or the United States acting on behalf of any
Indian Tribe;
(E) to assert past, present, or future claims for
Injury to Water Rights against any Indian Tribe, or the
United States, acting on behalf of any Indian Tribe;
(F) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion of Surface
Water within the Verde River Watershed, other than from
a well, if the Diversion or Use of Surface Water was
first initiated after the Effective Date and was not
the subject of a permit to appropriate Surface Water
issued by the Arizona Department of Water Resources
before the Effective Date; and
(G) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion or Use of
Water from a well, if--
(i) the Water is determined by the Gila
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde
River Watershed above USGS Gage No. 09506000
identified as ``Verde River near Camp Verde,
AZ'';
(iii) the well was constructed after the
Effective Date; and
(iv) the well is not--
(I) a Replacement Well;
(II) a new point of Diversion for a
Surface Water Use predating the
Effective Date;
(III) operated by a Municipal Water
Provider pursuant to an agreement with
the Yavapai-Apache Nation under
subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use
or Stock Watering Use;
(V) constructed to supply a
Stockpond with a capacity not to exceed
4 acre-feet;
(VI) used by a city or town in the
Prescott active management area--
(aa) to withdraw
Underground Water from land
located in the Big Chino sub-
basin of the Verde River
groundwater basin that has
historically irrigated acres
for transportation to an
adjacent initial active
management area under the
criteria described in sections
45-555(A), 45-555(B), 45-
555(C), and 45-555(D) of the
Arizona Revised Statutes, as
those sections exist as of the
Effective Date, a copy of which
is attached as Exhibit 13.1.3
to the Agreement;
(bb) to withdraw and
transport 8,068 AFY of
Underground Water from the Big
Chino sub-basin of the Verde
River groundwater basin to the
Prescott active management area
pursuant to the criteria
described in sections 45-555(E)
and 45-555(G) of the Arizona
Revised Statutes, as those
sections exist as of the
Effective Date, a copy of which
is attached as Exhibit 13.1.3
to the Agreement; or
(cc) to withdraw and
transport Underground Water
from land located in the Big
Chino sub-basin of the Verde
River groundwater basin to the
Prescott active management area
to meet the additional needs of
an Indian Tribe in the Prescott
active management area pursuant
to a federally approved Indian
water rights settlement under
sections 45-555(G) and 45-
555(F), as those sections exist
as of the Effective Date, a
copy of which is attached as
Exhibit 13.1.3 to the
Agreement; and
(VII) providing a source of supply
for an M&I Use for a Municipal Water
Provider or a Public Water System (that
does not have an agreement with the YAN
pursuant to subparagraph 16.1.2 of the
Agreement) that meets certain
conditions, including that--
(aa) the well is located
outside the lateral limits of
the Verde River Subflow Zone;
(bb) all buildings
constructed after the well is
drilled that are served by the
Municipal Water Provider or
Public Water System have
WaterSense Labeled Fixtures, or
fixtures that are equivalent to
or exceed WaterSense
specifications for water
efficiency and performance as
described in Exhibit 2.90 to
the Agreement;
(cc) the Municipal Water
Provider or Public Water System
uses its best efforts to ensure
that all outdoor landscaping
installed after the well is
drilled that is served by the
Municipal Water Provider or
Public Water System uses only
native or drought tolerant
plants, except as provided for
in item (dd);
(dd) all turf or other
landscape areas not using
native or drought tolerant
plants, including for schools,
parks, cemeteries, golf
courses, or common areas,
installed after the well is
drilled are, to the extent
permitted by State law,
prohibited by the Municipal
Water Provider or Public Water
System unless the plants are
100 percent served with
Effluent, greywater, harvested
rainwater, or some combination
thereof; and
(ee) ornamental water
features (except swimming
pools), ponds, and lakes
constructed after the well is
drilled are, to the extent
permitted by State law,
prohibited by the Municipal
Water Provider or Public Water
System unless the features,
ponds, and lakes are 100
percent served with Effluent,
greywater, harvested rainwater,
or some combination thereof.
(b) Waiver, Release, and Retention of Claims for Water Rights and
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but
Not Members in the Capacity of the Members as Allottees), Against the
United States.--
(1) In general.--Except as provided in paragraph (3), the
Yavapai-Apache Nation, on behalf of the Yavapai-Apache Nation
and the Members of the Yavapai-Apache Nation (but not Members
in the capacity of the Members as Allottees), as part of the
performance of the obligations of the Yavapai-Apache Nation
under the Agreement and this Act, shall execute a waiver and
release of all claims against the United States, including
agencies, officials, and employees of the United States, under
Federal, State, or other law for all--
(A) past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
YAN Land, arising from time immemorial and, thereafter,
forever;
(B) past, present, and future claims for Water
Rights, including rights to Colorado River Water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of
the Yavapai-Apache Nation;
(C) past and present claims relating in any manner
to damage, losses, or injury to land or other resources
due to loss of Water or Water Rights (including
damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of Water or
Water Rights, claims relating to interference with,
Diversion, or taking of Water, or claims relating to
the failure to protect, acquire, or develop Water,
Water Rights, or Water infrastructure) within the State
that first accrued at any time prior to the
Enforceability Date;
(D) past and present claims for Injury to Water
Rights, including rights to Colorado River Water, for
YAN Land, arising from time immemorial through the
Enforceability Date;
(E) past, present, and future claims for Injury to
Water Rights, including rights to Colorado River Water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of
the Yavapai-Apache Nation;
(F) claims for Injury to Water Rights, including
rights to Colorado River Water, arising after the
Enforceability Date for YAN Land, resulting from the
off-Reservation Diversion or Use of Water in a manner
not in violation of the Agreement or State law; and
(G) past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) Form; effect.--The waiver and release of claims
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.2
to the Agreement; and
(B) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.2
to the Agreement, the Yavapai-Apache Nation, on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache
Nation (but not Members in the capacity of the Members as
Allottees) shall retain any right--
(A) subject to subparagraph 17.9 of the Agreement,
to assert claims for injuries to, and seek enforcement
of, their rights under the Agreement or this Act in any
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, rights under any judgment or decree
entered by the Gila River Adjudication Court, including
the Verde River Decree;
(C) to assert claims for Water Rights or Injury to
Water Rights acquired before the Enforceability Date
pursuant to subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water
Rights or Injury to Water Rights by or for any Indian
Tribe or the United States acting on behalf of any
Indian Tribe;
(E) to assert past, present, or future claims for
Injury to Water Rights against any Indian Tribe or the
United States acting on behalf of any Indian Tribe;
(F) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion of Surface
Water within the Verde River Watershed, other than from
a well, if the Diversion or Use of Surface Water was
first initiated after the Effective Date and was not
the subject of a permit to appropriate Surface Water
issued by the Arizona Department of Water Resources
before the Effective Date; and
(G) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion or Use of
Water from a well, if--
(i) the Water is determined by the Gila
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde
River Watershed above Gage No. 09506000, Verde
River near Camp Verde, AZ;
(iii) the well was constructed after the
Effective Date; and
(iv) the well is not--
(I) a Replacement Well;
(II) a new point of Diversion for a
Surface Water Use predating the
Effective Date;
(III) operated by a Municipal Water
Provider pursuant to an agreement with
the Yavapai-Apache Nation under
subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use
or Stock Watering Use; or
(V) constructed to supply a
Stockpond with a capacity not to exceed
4 acre-feet.
(c) Waiver, Release and Retention of Claims by the United States in
All Capacities (Except as Trustee for an Indian Tribe Other Than the
Yavapai-Apache Nation) Against the Yavapai-Apache Nation and the
Members of the Yavapai-Apache Nation.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an
Indian Tribe other than the Yavapai-Apache Nation), as part of
the performance of the obligations of the United States under
the Agreement and this Act, shall execute a waiver and release
of all claims against the Yavapai-Apache Nation, the Members of
the Yavapai-Apache Nation, or any agency, official, or employee
of the Yavapai-Apache Nation, under Federal, State, or any
other law for all--
(A) past and present claims for Injury to Water
Rights, including rights to Colorado River Water,
resulting from the Diversion or Use of Water on YAN
Land arising from time immemorial through the
Enforceability Date;
(B) claims for Injury to Water Rights, including
rights to Colorado River Water, arising after the
Enforceability Date, resulting from the Diversion or
Use of Water on YAN Land in a manner that is not in
violation of the Agreement or State law; and
(C) past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) Form; effect.--The waiver and release of claims
described in paragraph (1)--
(A) shall be in the form described in Exhibit 13.3
to the Agreement; and
(B) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.3
to the Agreement, the United States shall retain any right to
assert any claim not expressly waived in accordance with that
paragraph and that exhibit.
(d) No Effect on Actions Relating to Health, Safety or
Environment.--Nothing in the Agreement or this Act affects any right of
the United States or the Yavapai-Apache Nation on behalf of the
Yavapai-Apache Nation, or on behalf of the Members of the Yavapai-
Apache Nation, to take any action authorized by law relating to health,
safety, or the environment, including--
(1) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(4) any regulations implementing the Acts described in
paragraphs (1) through (3).
SEC. 12. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS; EFFECT ON
MEMBERS OF THE YAVAPAI-APACHE NATION AND DINAH HOOD
ALLOTMENT.
(a) In General.--The benefits provided under the Agreement and this
Act shall be in complete replacement of, in complete substitution for,
and in full satisfaction of any claim of the Yavapai-Apache Nation and
the Members of the Yavapai-Apache Nation (but not Members in the
capacity of the Members as Allottees) against the parties to the
Agreement, including the United States, that is waived and released by
the Yavapai-Apache Nation acting on behalf of the Yavapai-Apache Nation
and the Members of the Yavapai-Apache Nation (but not Members in the
capacity of the Members as Allottees) pursuant to--
(1) subsections (a) and (b) of section 11; and
(2) subparagraphs 13.1 and 13.2 of the Agreement.
(b) Entitlements.--Any entitlement to Water of the Yavapai-Apache
Nation and the Members of the Yavapai-Apache Nation (but not Members in
the capacity of the Members as Allottees), or the United States as
trustee for the Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the Members as
Allottees), for YAN Land shall be satisfied out of the water resources
and other benefits granted, confirmed, quantified, or recognized, by
the Agreement or this Act to or for--
(1) the Yavapai-Apache Nation;
(2) the Members of the Yavapai-Apache Nation (but not
Members in the capacity of the Members as Allottees); and
(3) the United States as trustee for the Yavapai-Apache
Nation and the Members of the Yavapai-Apache Nation (but not
Members in the capacity of the Members as Allottees).
(c) Savings Provision.--Notwithstanding subsections (a) and (b),
nothing in the Agreement or this Act--
(1) recognizes or establishes any right of a Member of the
Yavapai-Apache Nation to Water on YAN Land; or
(2) prohibits the Yavapai-Apache Nation from acquiring
additional Water Rights by purchase or donation of land,
credits, or Water Rights.
(d) Effect on Members of the Yavapai-Apache Nation.--Except as
provided in subsections (a) and (b), and sections 11(a) and 11(b), the
Agreement and this Act shall not affect any rights of any Member of the
Yavapai-Apache Nation to Water for land outside of YAN Land.
(e) Effect on Dinah Hood Allotment.--
(1) In general.--Nothing in the Agreement or this Act--
(A) quantifies or diminishes any Water Right, or
any claim or entitlement to Water, for the Dinah Hood
Allotment; or
(B) precludes beneficial owners of the Dinah Hood
Allotment, or the United States acting in its capacity
as trustee for beneficial owners of the Dinah Hood
allotment, from making claims for Water Rights in the
State.
(2) Claim authorization.--To the extent authorized by
applicable law, beneficial owners of the Dinah Hood Allotment
or the United States acting in its capacity as trustee for
beneficial owners of the Dinah Hood allotment may make claims
to, and may be adjudicated, individual Water Rights in the
State.
(3) Exception.--Notwithstanding paragraph (1), the Yavapai-
Apache Nation, in the capacity of the Yavapai-Apache Nation as
a holder of a beneficial real property interest in the Dinah
Hood Allotment, shall not object to, challenge, or dispute the
claims of water users to Water from the Verde River Watershed
in--
(A) the Gila River Adjudication Proceedings; or
(B) any other judicial or administrative
proceeding.
SEC. 13. TRUST LAND.
(a) Yavapai-Apache Reservation.--The Yavapai-Apache Reservation
includes--
(1) the land located within the exterior boundaries of the
Yavapai-Apache Reservation, as described and depicted in
Exhibits 2.96A through 2.96E and 2.102 to the Agreement, as
documented by the Land Titles and Records Office of the
Department of the Interior;
(2) the land added to the Reservation pursuant to
subsection (b);
(3) the trust lands identified in Exhibit 2.98A to the
Agreement as--
(A) Montezuma Parcel A (NF1);
(B) Montezuma Parcel B (NF2);
(C) Montezuma Parcel C (NF3);
(D) Montezuma Parcel D (NF4);
(E) Lower Verde 260 Parcel (NF5);
(F) Upper 260 (NF6);
(G) Middle Verde Parcel A (NF7);
(H) Middle Verde Parcel B (NF8); and
(I) Middle Verde Parcel C (NF9); and
(4) land that, as of the Enforceability Date, has been
added to the Reservation pursuant to Federal law.
(b) Land To Be Taken Into Trust.--
(1) In general.--By the date that is not later than 30 days
after the date of enactment of this Act, the Secretary is
authorized and directed to accept the transfer of title to the
land shown on the maps in Exhibits 2.98A and 2.98B to the
Agreement, as identified in subparagraphs (A) through (G) of
paragraph (2), and to hold that land in trust for the benefit
of the Yavapai-Apache Nation.
(2) Land described.--The land referred to in paragraph (1)
includes the following:
(A) Otter waters.--A tract of land located in
Section 33, Township 15 North, Range 4 East, Gila and
Salt River Base and Meridian, Yavapai County, Arizona,
as described in instrument number 2023-0005245 recorded
on February 3, 2023, in the records of the Yavapai
County Recorder.
(B) Cemetery property.--A tract of land located in
the East half of the Northeast quarter of Section 11,
Township 14 North, Range 4 East, Gila and Salt River
Meridian, Yavapai County, Arizona, as described in
instrument number 2023-0025892 recorded on June 15,
2023, in the records of the Yavapai County Recorder.
(C) Brown property.--
(i) Parcel 1.--A tract of land located in
the Southwest quarter of the Southwest quarter
of Section 2, Township 14 North, Range 4 East
of the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in
instrument number 2021-0087445 recorded on
December 9, 2021, in the records of the Yavapai
County Recorder.
(ii) Parcel 2.--A tract of land located in
the Southwest quarter of the Southwest quarter
of Section 2 and the Northwest quarter of the
Northwest quarter of Section 11, Township 14
North, Range 4 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona, as
described in instrument number 2021-0087445
recorded on December 9, 2021, in the records of
the Yavapai County Recorder.
(D) Distant drums rv park property.--
(i) Parcel 1.--A tract of land as recorded
in Book 3627, Page 782, Records of Yavapai
County, located in a portion of Government Lots
10 and 11 of Section 7 and Government Lots 13
and 14 of Section 18, Township 14 North, Range
5 East of the Gila and Salt River Base and
Meridian, Yavapai County, Arizona, as described
in Book 4332, Page 281 recorded on November 7,
2005, in the records of the Yavapai County
Recorder.
(ii) Parcel 2.--A tract of land located in
a portion of Government Lot 12 of Section 7,
Township 14 North, Range 5 East of the Gila and
Salt River Base and Meridian, Yavapai County,
Arizona, as described in Book 4332, Page 281
recorded on November 7, 2005, in the records of
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in
Section 7, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in Book
4332, Page 281 recorded on November 7, 2005, in
the records of the Yavapai County Recorder.
(E) Sonic/chevron property.--
(i) Parcel 1.--A tract of land located in
that part of Lot 13, Section 18, Township 14,
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the Office
of the Yavapai County Recorder, as described in
Book 4115, Page 876 recorded on February 2,
2004, in the records of the Yavapai County
Recorder.
(ii) Parcel 2.--A tract of land located in
that part of Lot 13, Section 18, Township 14
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the Office
of the Yavapai County Recorder, as described in
Book 4115, Page 876 recorded on February 2,
2004, in the records of the Yavapai County
Recorder.
(iii) Parcel 3.--A tract of land located in
that part of Lot 13, Section 18, Township 14
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the office
of the Yavapai County Recorder, as described in
Book 4115, Page 888 recorded on February 2,
2004, in the records of the Yavapai County
Recorder.
(F) Arena del loma property.--
(i) Parcel 1.--A tract of land located in
Section 19, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in
instrument number 2020-0044727 recorded on
August 7, 2020, in the records of the Yavapai
County Recorder.
(ii) Parcel 2.--A tract of land located in
Section 19, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, lying within South
Middle Verde Road (Arena Del Loma Road) as
abandoned by Town of Camp Verde, as shown on
plat of record in Book 198 of Maps, Page 51,
records of Yavapai County, Arizona, as
described in instrument number 2020-0044727
recorded on August 7, 2020, in the records of
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in
the Northeast quarter of Section 19, Township
14 North, Range 5 East, of the Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, being a portion of that parcel
described in Book 4227, page 525 Record Source
#1 (R1), records of the Yavapai County
Recorder's Office, as described in instrument
number 2022-0059695 recorded on October 6,
2022, in the records of the Yavapai County
Recorder.
(G) Giant's grave property.--
(i) Parcel 1.--A tract of land located in
the Northeast quarter of the Southwest quarter
of Section 19, Township 16 North, Range 3 East
of the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in Book
3319, Page 620, instrument number 9667800
recorded on November 27, 1996, in the records
of the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in
the South half of the South half of Section 19
and in the Northeast quarter of the Northwest
quarter of Section 30, Township 16 North, Range
3 East of the Gila and Salt River Base and
Meridian, Yavapai County, Arizona, as described
in Book 3319, Page 620, instrument number
9667800 recorded on November 27, 1996, in the
records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land 20 feet in
width and more or less 178 feet in length
located in the South \1/2\ of Section 19,
Township 16 North, Range 3 East of the Gila and
Salt River Base and Meridian, Yavapai County,
Arizona, being a portion of that certain parcel
of land described in Book 3568, Page 18,
Official Records recorded in the Yavapai County
Recorder's Office, Yavapai County, Arizona, as
described in instrument number 2022-0036985
recorded on June 15, 2022, in the records of
the Yavapai County Recorder.
(3) Valid existing rights.--The land taken into trust under
paragraph (1) shall be subject to valid existing rights,
including easements, rights-of-way, contracts, and managements
agreements.
(4) Limitations.--Nothing in this subsection affects any
right or claim of the Yavapai-Apache Nation to any land or
interest in land in existence before the date of enactment of
this Act.
(5) Land descriptions.--The Secretary may correct, by
mutual agreement with the Yavapai-Apache Nation, any errors in
the land descriptions of the land conveyed to the Secretary
pursuant to this subsection.
(6) Conflict.--In the case of a conflict between a map and
a description of land in this Act, the map shall control unless
the Secretary and the Yavapai-Apache Nation mutually agree
otherwise.
SEC. 14. YAVAPAI-APACHE NATION CAP WATER.
(a) Yavapai-Apache Nation Amended CAP Water Delivery Contract.--
(1) In general.--In accordance with the Yavapai-Apache
Nation Water Rights Settlement Agreement and the requirements
described in paragraph (2), the Secretary shall enter into the
YAN Amended CAP Water Delivery Contract.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) In general.--The YAN Amended CAP Water Delivery
Contract shall--
(i) be for permanent service (as that term
is used in section 5 of the Boulder Canyon
Project Act (43 U.S.C. 617d));
(ii) take effect on the Enforceability
Date; and
(iii) be without limit as to term.
(B) YAN cap water.--
(i) In general.--The YAN CAP water may be
delivered for use in the State through--
(I) any project authorized under
this Act; or
(II) the CAP System.
(C) Contractual delivery.--The Secretary shall
deliver the YAN CAP water to Yavapai-Apache Nation in
accordance with the terms and conditions of the YAN
Amended CAP Water Delivery Contract.
(D) Delivery of cap indian priority water.--
(i) In general.--If a time of shortage (as
that term is described in the YAN Amended CAP
Water Delivery Contract) exists, the amount of
CAP Indian Priority Water available to the YAN
in the applicable Year shall be computed in
accordance with the YAN Amended CAP Repayment
Contract.
(E) Leases and exchanges of yavapai-apache nation
cap water.--On or after the date on which the YAN
Amended CAP Water Delivery Contract becomes effective,
the Yavapai-Apache Nation may, with the approval of the
Secretary, enter into contracts or options to lease or
to exchange YAN CAP Water in Coconino, Gila, Maricopa,
Pinal, Pima, and Yavapai counties, Arizona, providing
for the temporary delivery to any individual or entity
of any portion of the YAN CAP Water.
(F) Terms of leases and exchanges.--
(i) Leasing.--Contracts or options to lease
under subparagraph (E) shall be for a term of
not more than 100 years.
(ii) Exchanges.--Contracts or options to
exchange under subparagraph (E) shall be for
the term provided for in the contract or
option, as applicable.
(iii) Renegotiation.--The YAN may, with the
approval of the Secretary, renegotiate any
lease described in subparagraph (E), at any
time during the term of the lease, subject to
the condition that the term of the renegotiated
lease does not exceed 100 years.
(G) Prohibition on permanent alienation.--No YAN
CAP Water may be permanently alienated.
(H) Entitlement to lease and exchange funds;
obligations of the united states.--
(i) Entitlement.--
(I) In general.--The Yavapai-Apache
Nation shall be entitled to all
consideration due to the Yavapai-Apache
Nation under any contract to lease,
option to lease, contract to exchange,
or option to exchange the YAN CAP Water
entered into by the Yavapai-Apache
Nation.
(II) Exclusion.--The United States
shall not, in any capacity, be entitled
to the consideration described in
subclause (I).
(ii) Obligations of the united states.--The
United States shall not, in any capacity, have
any trust or other obligation to monitor,
administer, or account for, in any manner, any
funds received by the Yavapai-Apache Nation as
consideration under any contract to lease,
option to lease, contract to exchange, or
option to exchange the YAN CAP Water entered
into by Yavapai-Apache Nation, except in a case
in which the Yavapai-Apache Nation deposits the
proceeds of any lease, option to lease,
contract to exchange, or option to exchange
into an account held in trust for the Yavapai-
Apache Nation by the United States.
(I) Water use and storage.--
(i) In general.--The Yavapai-Apache Nation
may use YAN CAP Water on or off the YAN
Reservation.
(ii) Storage.--The Yavapai-Apache Nation,
in accordance with State law, may store YAN CAP
Water at 1 or more underground storage
facilities or groundwater savings facilities.
(iii) Assignment.--The Yavapai-Apache
Nation may, without the approval of the
Secretary, sell, transfer, or assign any long-
term storage credits accrued as a result of
storage described in clause (ii).
(J) Use outside state.--The Yavapai-Apache Nation
may not use, lease, exchange, forbear, or otherwise
transfer any YAN CAP Water for use directly or
indirectly outside the State.
(K) CAP fixed om&r charges.--
(i) In general.--The CAP Operating Agency
shall be paid the CAP Fixed OM&R charges
associated with the delivery of all YAN CAP
Water.
(ii) Payment of charges.--Except as
provided in subparagraph (N), all CAP Fixed
OM&R charges associated with the delivery of
YAN CAP Water to the Yavapai-Apache Nation
shall be paid by--
(I) the Secretary, pursuant to
section 403(f)(2)(A) of the Colorado
River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the
condition that funds for that payment
are available in the Lower Colorado
River Basin Development Fund; and
(II) if the funds described in
subclause (I) become unavailable, the
Yavapai-Apache Nation.
(L) CAP pumping energy charges.--
(i) In general.--The CAP Operating Agency
shall be paid the CAP Pumping Energy Charge
associated with the delivery of YAN CAP Water
only in cases in which the CAP System is used
for the delivery of that YAN CAP Water.
(ii) Payment of charges.--Any applicable
CAP Pumping Energy Charge associated with the
delivery of the YAN CAP Water shall be paid by
the Yavapai-Apache Nation, except for--
(I) CAP Water not delivered through
the CAP System, which does not incur a
CAP Pumping Energy Charge; or
(II) water delivered to other
persons, as described in subparagraph
(N).
(M) Waiver of property tax equivalency payments.--
No property tax or in-lieu property tax equivalency
shall be due or payable by the Yavapai-Apache Nation
for the delivery of CAP Water or for the storage of CAP
Water in an underground storage facility or groundwater
savings facility.
(N) Lessee responsibility for charges.--
(i) In general.--Any lease or option to
lease providing for the temporary delivery to
other persons of any YAN CAP Water shall
require the lessee to pay to the CAP Operating
Agency the CAP Fixed OM&R Charge and the CAP
Pumping Energy Charge associated with the
delivery of the leased YAN CAP Water.
(ii) No responsibility for payment.--
Neither the Yavapai-Apache Nation nor the
United States in any capacity shall be
responsible for the payment of any charges
associated with the delivery of the YAN CAP
Water leased to other persons.
(O) Advance payment.--No YAN CAP Water shall be
delivered unless the CAP Fixed OM&R Charge and any
applicable CAP Pumping Energy Charge associated with
the delivery of that YAN CAP Water has been paid in
advance.
(P) Calculation.--The charges for delivery of YAN
CAP Water pursuant to the Yavapai-Apache Nation Amended
CAP Water Delivery Contract shall be calculated in
accordance with the CAP Repayment Stipulation.
(Q) CAP repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the
CAP System constructed after November 21, 2007, the
costs associated with the delivery of YAN CAP Water,
whether the YAN CAP Water is delivered for use by the
Yavapai-Apache Nation or in accordance with any
assignment, exchange, lease, option to lease, or other
agreement for the temporary disposition of YAN CAP
Water entered into by the YAN, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation
of the Central Arizona Water Conservation
District.
(R) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs
associated with the construction of the CAP
System allocable to the Yavapai-Apache Nation--
(I) the costs shall be
nonreimbursable; and
(II) the Yavapai-Apache Nation
shall have no repayment obligation for
the costs.
(ii) Capital charges.--No CAP Water service
capital charges shall be due or payable for the
YAN CAP Water, regardless of whether the YAN
CAP Water is delivered--
(I) for use by the Yavapai-Apache
Nation; or
(II) under any lease, option to
lease, exchange, or option to exchange
entered into by the Yavapai-Apache
Nation.
SEC. 15. ENFORCEABILITY DATE.
(a) In General.--The Agreement, including the waivers and releases
of claims described in section 11, shall take effect and be fully
enforceable on the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1) to the extent the Agreement conflicts with this Act--
(A) the Agreement has been revised through an
amendment to eliminate the conflict; and
(B) the revised Agreement, including any exhibits
requiring amendment or execution by any party to the
Agreement, has been executed by all required parties;
(2) the waivers, releases, and retentions of claims
described in section 11 and in Paragraph 13.0 of the Agreement
have been executed by--
(A) the Yavapai-Apache Nation;
(B) the United States; and
(C) the other parties to the Agreement;
(3) the full amount described in subsection (a)(1)(A) of
section 10, as adjusted by subsection (c)(1) of that section,
has been deposited into the Cragin-Verde Pipeline Account of
the Tu nl[[nichoh Water Infrastructure Project Fund;
(4) the full amount described in subsection (a)(1)(B) of
section 10, as adjusted by subsection (c)(1) of that section,
has been deposited into the YAN Drinking Water System Account
of the Tu nl[[nichoh Water Infrastructure Project Fund;
(5) the full amounts described in subparagraphs (A), (B),
(C), (D) and (E) of subsection (a)(2) of section 10, as
adjusted by subsection (c)(2) of that section, have been
deposited into the Trust Fund;
(6) the Arizona Department of Water Resources has--
(A) conditionally approved the severance and
transfer of the right of SRP to the diversion and
beneficial use of water under Arizona Department of
Water Rights Certificate of Water Right No. 3696.0002,
as described in Paragraph 8.0 of the Agreement, in an
amount not to exceed an average of 3,410.26 AFY, up to
a maximum of 3,977.92 acre-feet in any given Year, to
the Nation and the United States in its capacity as
trustee for the Nation; and
(B) issued a conditional certificate of water right
to the Nation and the United States in its capacity as
trustee for the Nation, to become effective on the
Enforceability Date;
(7) the changes in places of use and points of diversion
for the surface water rights to the Verde River as described in
subparagraph 5.4 of the Agreement have been conditionally
approved, to become effective on the Enforceability Date,
provided that the YAN, in its sole discretion, may waive this
condition;
(8) the Gila River Adjudication Court has included the
water right for instream flow for the Nation and the United
States as trustee for the Nation, as described in the YAN
Judgment, which substantially conforms to the attributes
described in Exhibit 11.1B to the Agreement, provided that the
Nation, in its sole discretion, may waive this condition;
(9) except as otherwise provided in paragraphs (7) and (8),
the Gila River Adjudication Court has approved the YAN Judgment
in substantially the same form attached as Exhibit 13.9 to the
Agreement, as amended to ensure consistency with this Act;
(10) the Secretary has issued a final record of decision
approving the construction of the Tu nl[[nichoh Water
Infrastructure Project as described in section 6;
(11) the Nation and the Town of Clarkdale have executed the
Water and Sewer Service Agreement described in Exhibit 16.1.2.3
to the Agreement, provided that, the Nation, in its sole
discretion, may waive this condition;
(12) the Nation and the Town of Camp Verde have executed
the Interconnection and Exchange Agreement described in Exhibit
16.1.2.2 to the Agreement, provided that the Nation, in its
sole discretion, may waive this condition; and
(13) the tribal council of the Yavapai-Apache Nation has
adopted a resolution, as described in section 16(a), consenting
to the limited waiver of sovereign immunity from suit in the
circumstances described in paragraph (3) of that section.
(b) Failure To Satisfy Conditions.--
(1) In general.--Except as provided in paragraph (2), if
the Secretary fails to publish in the Federal Register a
statement of findings under subsection (a) by June 30, 2035, or
such alternative later date as may be agreed to by the Yavapai-
Apache Nation, the Secretary, and the State--
(A) this Act is repealed, except as described in
paragraph (2);
(B) any action taken by the Secretary and any
contract or agreement entered into pursuant to this Act
shall be void;
(C) the United States shall be entitled to offset
any Federal amounts made available under section 10(a)
that were used under that section against any claims
asserted by the Yavapai-Apache Nation against the
United States; and
(D) any amounts appropriated under section 10,
together with any investment earnings on those amounts,
less any amounts expended under section 7(e)(2), shall
revert immediately to the general fund of the Treasury.
(2) Exception.--Notwithstanding paragraph (1)(A), if the
Secretary fails to publish in the Federal Register a statement
of findings under subsection (a) by June 30, 2035, or such
alternative later date as may be agreed to by the Yavapai-
Apache Nation, the Secretary, and the State, section 13 shall
remain in effect.
SEC. 16. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity by the Yavapai-Apache
Nation and the United States Acting as Trustee for the Yavapai-Apache
Nation.--
(1) In general.--The Yavapai-Apache Nation, and the United
States acting as trustee for the Yavapai-Apache Nation, may be
joined in any action brought in any circumstance described in
paragraph (3), and any claim by the Yavapai-Apache Nation and
the United States to sovereign immunity from any such action is
waived.
(2) Consent of yavapai-apache nation.--By resolution dated
June 26, 2024, the Yavapai-Apache Nation Council has
affirmatively consented to the limited waiver of sovereign
immunity from suit in any circumstance described in paragraph
(3) notwithstanding any provision of the Yavapai-Apache Nation
Code or any other Yavapai-Apache Nation law.
(3) Circumstances described.--A circumstance referred to in
paragraphs (1) and (2) includes any of the following:
(A) Parties to the agreement.--Any party to the
Agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this Act; or
(II) the Agreement and exhibits to
the Agreement;
(ii) names the Yavapai-Apache Nation, or
the United States acting as trustee for the
Yavapai-Apache Nation, as a party in that
action; and
(iii) does not include any request for
award against the Yavapai-Apache Nation, or the
United States acting as trustee for the
Yavapai-Apache Nation, for monetary damages,
court costs, or attorney fees, except for
claims brought by a party pursuant to the YAN-
SRP Water Delivery and Use Agreement and YAN-
SRP Exchange Agreement.
(B) Landowner or water user.--Any landowner or
water user in the Gila River Watershed--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) paragraph 13.0 of the
Agreement;
(II) the Gila River Adjudication
Decree; or
(III) section 11;
(ii) names the Yavapai-Apache Nation, or
the United States acting as trustee for the
Yavapai-Apache Nation, as a party in that
action; and
(iii) does not include any request for
award against the Yavapai-Apache Nation, or the
United States acting as trustee for the
Yavapai-Apache Nation, for monetary damages,
court costs, or attorney fees.
(b) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act (including all agreements or
exhibits ratified or confirmed by this Act) if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this Act.
(c) Applicability of Reclamation Reform Act.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision under Federal law shall not
apply to any individual, entity, or land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
SEC. 17. MISCELLANEOUS.
(a) C.C. Cragin Dam and Reservoir.--Section 213(i)(3) of the Gila
River Indian Community Water Rights Settlement Act of 2004 (Public Law
108-451; 118 Stat. 3533) is amended--
(1) in subparagraph (B), by striking ``Blue Ridge
Reservoir'' and inserting ``C.C. Cragin Dam and Reservoir'';
and
(2) by adding at the end the following:
``(C) Additional availability.--Up to 1,639.74
acre-feet of water per year may be made available from
the C.C. Cragin Reservoir for municipal and domestic
uses in Yavapai County, Arizona, without cost to the
Salt River Federal Reclamation Project, provided that,
on or before December 31, 2029, water users in Yavapai
County have contracted with the Salt River Federal
Reclamation Project for the use of the water described
in this subparagraph.''.
(b) Effect of Act.--Nothing in this Act quantifies or otherwise
affects any water right or claim or entitlement to water of any Indian
Tribe, band, or community other than the Yavapai-Apache Nation.
(c) Town of Camp Verde and Forest Service.--Pursuant to existing
authorities, the Forest Service shall work expeditiously with the Town
of Camp Verde to transfer title to the Town of Camp Verde of up to 40
acres of Forest Service land located at the intersection of Interstate
17 and General Crook Trail within the municipal boundaries of the Town
of Camp Verde for public safety and other municipal purposes.
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