Public Law 117–349: To approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.

the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe; and

the United States, acting as trustee for the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees;

1947 Judgment

AFY

allotment

held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, 136 STAT. 6226 Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and

identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6.

allottee

available CAP supply

all fourth priority water available for delivery through the Central Arizona Project;

water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and

return flows captured by the Secretary for Central Arizona Project use.

Bill Williams Act

Bill Williams agreements

Bill Williams River Phase 2 Enforceability Date

Bill Williams River phase 2 water rights settlement agreement

CAP contract

The term “” means a person that has entered into a CAP contract.

The term “” includes the Hualapai Tribe.

CAP fixed OM&R charge

Fixed OM&R Charge

CAP M&I priority water

CAP NIA priority water

CAP operating agency

the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and

as of the date of enactment of this Act, the Central Arizona Water Conservation District.

CAP pumping energy charge

Pumping Energy Charge

CAP repayment contract

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 Central Arizona Project; and

any amendment to, or revision of, that contract.

CAP repayment stipulation

CAP subcontract

CAP subcontractor

CAP system

the Mark Wilmer Pumping Plant;

the Hayden-Rhodes Aqueduct;

the Fannin-McFarland Aqueduct;

the Tucson Aqueduct;

any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and

any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E).

CAP water

Project Water

Central Arizona Project

Central Arizona Water Conservation District

Colorado River Compact

Colorado River water entitlement

diversion

divert

a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or

any other act of man.

The term “” means any use relating to the supply, service, or activity of a household or private residence.

The term “” includes the application of water to not more than 2 acres of land to produce a plant or parts of a plant for—

effluent

has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and

is available for reuse for any purpose, regardless or whether the water has been treated to improve the quality of the water.

Enforceability Date

exchange

fourth priority water

in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established after September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity of not greater than 164,652 AFY of diversions; and

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.

The term “” means the Delaware corporation named “Freeport Minerals Corporation”.136 STAT. 6229

The term “” includes all subsidiaries, affiliates, successors, and assigns of Freeport Minerals Corporation, including Byner Cattle Company, a Nevada corporation.

Gila River adjudication

Gila River adjudication court

Gila River adjudication decree

groundwater

surface water;

effluent; or

Colorado River water.

Hualapai fee land

is located in the State;

is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and

as of the Enforceability Date, is owned by the Hualapai Tribe, including by a tribally owned corporation.

Hualapai land

the Hualapai Reservation;

Hualapai trust land; and

Hualapai fee land.

Hualapai Reservation

all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273);

the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and

the land added to the Hualapai Reservation by sections 11 and 12.

Hualapai Tribe

Hualapai Tribe CAP water

was previously allocated to non-Indian agricultural entities;136 STAT. 6230

was retained by the Secretary for reallocation to Indian Tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3487); and

is reallocated to the Hualapai Tribe pursuant to section 13.

Hualapai Tribe water delivery contract

The term “” means the agreement, including exhibits, entitled “Hualapai Tribe Water Rights Settlement Agreement” and dated February 11, 2019.

The term “” includes—

Hualapai trust land

located—

as of the Enforceability Date, held in trust by the United States for the benefit of the Hualapai Tribe.

Hualapai Water Project

Hualapai Water Trust Fund Account

Indian Tribe

The term “” means any interference with, diminution of, or deprivation of, a water right under Federal, State, or other law.

The term “” does not include any injury to water quality.

lower basin

Lower Colorado River Basin Development Fund

member

OM&R

any recurring or ongoing activity relating to the day-to-day operation of a project;

any activity relating to scheduled or unscheduled maintenance of a project; and

any activity relating to a feature of a project.

Parcel 1

depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and

held in trust for certain allottees.

Parcel 2

depicted as “Parcel 2” on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and

held in trust for certain allottees.

Parcel 3

depicted as “Parcel 3” on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6;

held in trust for the Hualapai Tribe; and

part of the Hualapai Reservation pursuant to Executive Order 1368, dated June 2, 1911.

party

Secretary

State

stock watering

surface water

Truxton Basin

water

groundwater;

surface water;

effluent; and

Colorado River water.

water right

Except as modified by this Act and to the extent the Hualapai Tribe water rights settlement agreement does not conflict with this Act, the Hualapai Tribe water rights settlement agreement is authorized, ratified, and confirmed.

If an amendment to the Hualapai Tribe water rights settlement agreement, or to any exhibit attached to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Hualapai Tribe water rights settlement agreement consistent with this Act, the amendment is authorized, ratified, and confirmed, to the extent the amendment is consistent with this Act.

To the extent the Hualapai Tribe water rights settlement agreement does not conflict with this Act, the Secretary shall execute the Hualapai Tribe water rights settlement agreement, including all exhibits to, or parts of, the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary.

Nothing in this Act prohibits the Secretary from approving any modification to an appendix or exhibit to the Hualapai Tribe water rights settlement agreement that is consistent with this 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 provision of Federal law.

In implementing the Hualapai Tribe water rights settlement agreement (including all exhibits to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary) and this Act, the Secretary shall comply with all applicable provisions of—

(A)

In general.—

(B)

Authorizations.—

The execution of the Hualapai Tribe water rights settlement agreement by the Secretary under this section shall not constitute a major action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

The United States shall hold the following water rights in trust for the benefit of the Hualapai Tribe:

(C)

The United States shall hold in trust for the benefit of the allottees all water rights for the allotments described in subparagraph 4.3.2 of the Hualapai Tribe water rights settlement agreement.

The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement.

The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement.

Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement.

The Hualapai Tribe shall have the right to use any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at the location to which the entitlement is appurtenant on the date on which the entitlement is purchased or donated.

The Hualapai Tribe may transfer the entitlement for use or storage under paragraph (1) or (2), respectively, to another location within the State, including the Hualapai Reservation, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State.

The Hualapai Tribe may lease any Colorado River water entitlement for use or storage under paragraph (1) or (2), respectively, to a water user within the State, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State.

The Hualapai Tribe, or any person who leases a Colorado River water entitlement from the Hualapai Tribe under paragraph (4), may transport Colorado River water available under the Colorado River water entitlement through the Central Arizona Project in accordance with all laws of the United States and the agreements between the United States and the Central Arizona Water Conservation District governing the use of the Central Arizona Project to transport water other than CAP water.

Groundwater may be transported in accordance with State law away from Hualapai fee land and away from land acquired in fee by the Hualapai Tribe, including by a tribally owned corporation, after the Enforceability Date.

Groundwater may be transported in accordance with State law away from land added to the Hualapai Reservation by sections 11 and 12 to other land within the Hualapai Reservation.

The Secretary shall establish a trust fund account, to be known as the “Hualapai Water Trust Fund Account”, 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 Hualapai Water Trust Fund 136 STAT. 6235 Account under paragraph (2), together with any interest earned on those amounts, for the purposes of carrying out this Act.

The Secretary shall deposit in the Hualapai Water Trust Fund Account the amounts made available pursuant to section 7(a)(1).

(A)

Management.—

(A)

Withdrawals under the american indian trust fund management reform act of 1994.—

(B)

Withdrawals under expenditure plan.—

Nothing in this section gives the Hualapai Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (5)(A) or an expenditure plan under paragraph (5)(B) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).

Amounts from the Hualapai Water Trust Fund Account shall be used by the Hualapai Tribe—

(F)

Reimbursement.

Time periods.

The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Hualapai Water Trust Fund Account by the Hualapai Tribe under paragraph (5).

Title to, control over, and operation of any project constructed using funds from the Hualapai Water Trust Fund Account shall remain in the Hualapai Tribe.

All OM&R costs of any project constructed using funds from the Hualapai Water Trust Fund Account shall be the responsibility of the Hualapai Tribe.

No portion of the Hualapai Water Trust Fund Account shall be distributed on a per capita basis to any member of the Hualapai Tribe.

The Hualapai Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act.

There is established in the Treasury of the United States a nontrust, interest-bearing account, to be known as the “Hualapai Water Settlement Implementation Fund Account” (referred to in this subsection as the “Implementation Fund Account”) to be managed and distributed by the Secretary, for use by the Secretary for carrying out this Act.

The Secretary shall deposit in the Implementation Fund Account the amounts made available pursuant to section 7(a)(2).136 STAT. 6238

The Implementation Fund Account shall be used by the Secretary to carry out section 15(c), including for groundwater monitoring in the Truxton Basin.

In addition to the deposits under paragraph (2), any investment earnings, including interest, credited to amounts unexpended in the Implementation Fund Account are authorized to be appropriated to be used in accordance with paragraph (3).

There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Trust Fund Account $312,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury.

There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Settlement Implementation Fund account established by section 6(b)(1) $5,000,000.

Notwithstanding any other provision of law, any amounts made available under paragraph (1) or (2) shall not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)).

The amount authorized to be appropriated under subsection (a)(1) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend.

The amount authorized to be appropriated under subsection (a)(1) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.

The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.

The period of indexing adjustment for any increment of funding shall end on the date on which the funds are deposited in the Hualapai Water Trust Fund Account.

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);136 STAT. 6239

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and

all other applicable Federal environmental or historical and cultural protection laws and regulations.

(A)

In general.—

(C)

Reservation of rights and retention of claims.—

(A)

In general.—

(C)

Retention of claims.—

Except as provided in paragraph (3), the United States, acting as trustee for the allottees of the Hualapai Tribe, as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this Act, is authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Hualapai Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all—136 STAT. 6247

(G)

The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date.

Notwithstanding the waiver and release of claims described in paragraph (1), the United States, acting as trustee for the allottees of the Hualapai Tribe, shall retain any right—

(C)

(D)

Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Hualapai Tribe), as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this Act, is authorized to execute a waiver and release of all claims against the Hualapai Tribe, the members of the Hualapai Tribe, or any agency, official, or employee of the Hualapai Tribe, under Federal, State or any other law for all—

The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date.

Notwithstanding the waiver and release of claims described in paragraph (1), the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph, including any right to assert a claim for injury to, and seek enforcement of, any right of the United States under the Bill Williams agreements or the Bill Williams Act, in any Federal or State court of competent jurisdiction.

(A)

In general.—

(A)

Pending and future proceedings.—

The benefits realized by the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) under the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act shall be in full satisfaction of all claims of the Hualapai Tribe, the members of the Hualapai Tribe, and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe, for water rights and injury to water rights under Federal, State, or other law with respect to Hualapai land.

Any entitlement to water of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) or the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), for Hualapai land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act to or for the Hualapai Tribe, the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees).

The benefits realized by the allottees of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act shall be in complete replacement of and substitution for, and full satisfaction of, all claims with respect to allotments of the allottees and the United States, 136 STAT. 6251 acting in the capacity of the United States as trustee for the allottees, for water rights and injury to water rights under Federal, State, or other law.

Any entitlement to water of the allottees or the United States, acting in the capacity of the United States as trustee for the allottees, for allotments shall be satisfied out of the water resources and other benefits granted, confirmed, or recognized by the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act to or for the allottees and the United States, acting as trustee for the allottees.

recognizes or establishes any right of a member of the Hualapai Tribe or an allottee to water on Hualapai land; or

prohibits the Hualapai Tribe or an allottee from acquiring additional water rights by purchase of land, credits, or water rights.

NE¼SW¼ sec. 9; and

NW¼SE¼ sec. 27.

SE¼;

E½SW¼; and

SW¼SW¼.

On the date of enactment of this Act, the Secretary is authorized and directed to take legal title to the land described in paragraph (2) and hold such land in trust for the benefit of the Hualapai Tribe.

The land referred to in paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona—

any water right of the Hualapai Tribe in existence under State law before the date of enactment of this Act; or

any right or claim of the Hualapai Tribe to any land or interest in land in existence before the date of enactment of this Act.

Effective beginning on the date of enactment of this Act, and except as provided in subsection (a), any land located in the State outside the exterior boundaries of the Hualapai Reservation may only be taken into trust by the United States for the benefit of the Hualapai Tribe by an Act of Congress—

Any land taken into trust for the benefit of the Hualapai Tribe under paragraph (1)—

Except as provided in subsection (c)(2)(H), the Hualapai Tribe CAP water shall be firmed as follows:

The Hualapai Tribe may, at the expense of the Hualapai Tribe, take additional actions to firm or supplement the Hualapai Tribe CAP water, including by entering into agreements for that purpose with the Central Arizona Water Conservation District, the Arizona Water Banking Authority, or any other lawful authority, in accordance with State law.

In accordance with the Hualapai Tribe water rights settlement agreement and the requirements described in paragraph (2), the Secretary shall enter into the Hualapai Tribe water delivery contract.

The requirements referred to in paragraph (1) are the following:

(A)

In general.—

(B)

Hualapai tribe cap water.—

(D)

Distribution of cap nia priority water.—

(F)

Term of leases and exchanges.—

(I)

Entitlement to lease and exchange funds; obligations of united states.—

(J)

Water use and storage.—

(L)

Cap fixed om&r charges.—

(M)

Cap pumping energy charges.—

(O)

Lessee responsibility for charges.—

(R)

Cap repayment.—

(S)

Nonreimbursable cap construction costs.—

to the extent the Hualapai Tribe water rights settlement agreement conflicts with this Act—

the waivers and releases of claims described in section 9 have been executed by the Hualapai Tribe and the United States;

the abstracts referred to in subparagraphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe;

the full amount described in section 7(a)(1), as adjusted by section 7(b), has been deposited in the Hualapai Water Trust Fund Account;

the Gila River adjudication decree has been approved by the Gila River adjudication court substantially in the form of the judgment and decree attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43, as amended to ensure consistency with this Act; and

the Secretary has executed the Hualapai Tribe water delivery contract described in section 13(c).

Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State—

Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, section 11 and subsections (a), (b), (c), and (d) of section 12 shall remain in effect.

The Hualapai Tribe water rights settlement agreement becomes enforceable pursuant to subsection (a).

Freeport has submitted to the Arizona Department of Water Resources a conditional withdrawal of any objection to the Bill Williams River watershed instream flow applications pursuant to section 4.4(i) of the Bill Williams River phase 2 water rights settlement agreement, which withdrawal shall take effect on the Bill Williams River Phase 2 Enforceability Date described in this subsection.

Not later than the Enforceability Date, the Arizona Department of Water Resources has issued an appealable, conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) of the Bill Williams River phase 2 water rights settlement agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date described in this subsection.

The conditional decision and order described in paragraph (3)—

(A)

In general.—

(B)

Limitation.—

A circumstance referred to in paragraph (1)(A) is any of the following:

(A)

(B)

(C)

Based on the estimates under paragraph (1), the Secretary shall notify the State, in writing, if the total withdrawal of groundwater from the Truxton Basin outside the boundaries of the Hualapai Reservation exceeds the estimate prepared pursuant to that paragraph by 3,000 or more AFY, exclusive of any diversion or use of groundwater on Hualapai fee land and any land acquired by the Hualapai Tribe, including by a tribally owned corporation, in fee after the Enforceability Date.

adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act; or

there are not enough monies available to carry out this Act in the Lower Colorado River Basin Development Fund.

receipt of any benefit under this Act;

execution or performance of this Act; or

the use, storage, delivery, lease, or exchange of CAP water.

Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects—

Nothing in this Act or the Hualapai Tribe water rights settlement agreement limits the right of the Hualapai Tribe to enter into any agreement for the storage or banking of water in accordance with State law with—

Nothing in this Act—