January 13, 2026
Mr. Kelly (for himself and Mr. Gallego) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
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 2026
.
(b) Table of contents
The table of contents for this Act is as follows:
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 Yavepé (Yavapai) who know the Verde River as Hatayakehela (Big River
) and to the Dilzhę́’é (Apache) who know the Verde River as Tú ńlį́į́níchoh (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 Tú ńlį́į́níchoh 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) Tú ńlį́į́níchoh water infrastructure project
The term Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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) YAN trust land
The term YAN Trust Land means land that, as of the Enforceability Date, is—
(79) 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).
(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 Tú ńlį́į́níchoh 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. Tú ńlį́į́níchoh Water Infrastructure Project
(a) In general
The Secretary, acting through the Commissioner, shall plan, design and construct the Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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. Tú ńlį́į́níchoh Water Infrastructure Project Fund
(a) Establishment
The Secretary shall establish a non-trust interest-bearing account, to be known as the Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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) Tú ńlį́į́níchoh water infrastructure project fund
For deposit in the following accounts of the Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh Water Infrastructure Project Fund, the period of indexing adjustment for any increment of funding shall be annual until the Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 ½ 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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 Tú ńlį́į́níchoh 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.