S.Amdt. 3286

SA 3286. Mr. KELLY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

[[Page S6151]]

DIVISION E--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT ACT OF 2024

SEC. 5001. SHORT TITLE.

This division may be cited as the ``Yavapai-Apache Nation
Water Rights Settlement Act of 2024''.

SEC. 5002. PURPOSES.

The purposes of this division 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);
(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 division;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Yavapai-Apache Nation Water Rights Settlement Agreement and
this division;
(4) to authorize the appropriation of funds necessary to
carry out the Yavapai-Apache Nation Water Rights Settlement
Agreement and this division; and
(5) to recognize the important cultural, traditional and
religious value of the Verde River to the Yavepe (Yavapai)
who know the Verde River as Hatayakehela (``big river''), and
to the Dilzhe5 (Apache) who know the Verde River as Tu
nli5?i5?nichoh (``big water flowing''), and to protect the
existing flows of the Verde River, including flood flows, as
described in the Agreement and this division, on the Yavapai-
Apache Reservation, now and in the future.

SEC. 5003. DEFINITIONS.

In this division:
(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) Arizona water banking authority.--The term ``Arizona
Water Banking Authority'' means the Arizona Water Banking
Authority, formed pursuant to A.R.S. Sec. Sec.  45-2401 et
seq.
(5) Available cap supply.--The term ``Available CAP
Supply'' means for any Year (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.
(6) Bureau of reclamation.--The term ``Bureau of
Reclamation'' means the United States Bureau of Reclamation.
(7) Cap or 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. Sec. 1521 et seq.).
(8) 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.
(9) Cap contractor.--
(A) In general.--The term ``CAP Contractor'' means a person
or entity that has entered into a CAP Contract.
(B) Inclusion.--The term ``CAP Contractor'' includes the
Yavapai-Apache Nation.
(10) 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.
(11) Cap indian priority water.--The term ``CAP Indian
Priority Water'' means water within the Available CAP Supply
having an Indian delivery priority.
(12) 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 division, is CAWCD.
(13) Cap pumping energy charge.--The term ``CAP Pumping
Energy Charge'' means the term ``Pumping Energy Charge'' in
the CAP Repayment Stipulation.
(14) 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.
(15) 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.
(16) Capsa.--The term ``CAPSA'' means the Central Arizona
Project Settlement Act of 2004, Title I of the Arizona Water
Settlements Act, P.L. 108-451, 118 Stat. 3478 (2004).
(17) Cap subcontract.--The term ``CAP Subcontract'' means a
long-term subcontract (as defined in the CAP Repayment
Stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP System.
(18) Cap subcontrator.--The term ``CAP Subcontractor''
means a person or entity that has entered into a CAP
Subcontract.
(19) 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 (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).
(20) Cap system use agreement.--The term ``CAP System Use
Agreement'' means that certain Central Arizona Project System
Use Agreement dated February 2, 2017, between the United
States of America and the Central Arizona Water Conservation
District.
(21) Cap water.--The term ``CAP Water'' has the meaning
given the term ``Project Water'' in the CAP Repayment
Stipulation.
(22) Cawcd.--The term ``CAWCD'' means the political
subdivision of the State that is the contractor under the CAP
Repayment Contract and is the CAP Operating Agency as of the
date of enactment of this division.
(23) 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; transmission, telephone and fiber optic lines;
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 C.C. Cragin Dam and Reservoir.
(B) Exclusion.--The term ``C.C. Cragin Dam and Reservoir''
does not include the Cragin-Verde Pipeline Project.
(24) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(25) Cragin capital costs.--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,
which shall include: labor, overhead, materials, supplies,
spare parts, equipment purchase and rental, and
transportation. 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.
(26) Cragin o&m costs.--The term ``Cragin O&M Costs'' means
all costs incurred by SRP for the operation and maintenance
of all C.C. Cragin facilities, except for those costs defined
as Cragin Capital Costs. Such costs shall include costs for
the following items: 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, fuel, and 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 1917 Agreement, excluding
O&M Costs and A&G Costs of SRP-Cragin Pumping System as
defined in the YAN-SRP Water Delivery and Use Agreement.
(27) Cragin-verde pipeline project.--The term ``Cragin-
Verde Pipeline Project'' means the water infrastructure
project under the Tu nli5?i5?nichoh Water Infrastructure
Project, as described in section 5103(b) of this division,
which will deliver water from the C.C. Cragin Dam and
Reservoir to the Yavapai-Apache Nation, and to other
beneficiaries in accordance with section 5114(a) of this
division.
(28) Cap/srp interconnection facility.--The term ``CAP/SRP
Interconnection Facility'' means the interconnection facility
that connects the Hayden-Rhodes Aqueduct of the CAP System to
SRP's water delivery system.
(29) Date of substantial completion.--The term ``Date of
Substantial Completion'' means the date described in section
5103(d).
(30) Depletion or deplete.--The term ``Depletion'' or
``Deplete'' means the amount of Water Diverted less return
flows to the Verde River Watershed.

[[Page S6152]]

(31) Dinah hood allotment.--The term ``Dinah Hood
Allotment'' means the tract of land allotted pursuant to
Section 4 of the General Allotment Act of 1887, 24 Stat. 389,
ch. 119 (formerly codified at 25 U.S.C. Sec.  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.
(32) Diversion.--The term ``Diversion'' means an act to
Divert.
(33) Divert or diverting.--The term ``Divert'' or
``Diverting'' means 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.
(34) Domestic use.--The term ``Domestic Use'' means, for
purposes of Paragraph 13.0 of the Agreement and section 5108
of this division, a Use of Water serving a residence, or
multiple residences up to a maximum of three 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. 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, Arizona Revised Statutes.
(35) Effective date.--The term ``Effective Date'' means the
date that the Agreement is signed by all of the Parties,
other than the United States.
(36) 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.
(37) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5112.
(38) 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.
(39) Federal land.--The term ``Federal Land'' means the
land described in section 5201(a)(5).
(40) Forest service.--The term ``Forest Service'' means the
United States Forest Service.
(41) 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.
(42) 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).
(43) 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.
(44) 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.
(45) Impoundment.--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. For
purposes of the Agreement and this division, the term
Impoundment does not include recharge basins or swimming
pools.
(46) Indian tribe.--The term ``Indian Tribe'' shall have
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(47) 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.
(48) Interim period.--The term ``Interim Period'' means the
period beginning on the Effective Date and ending on the Date
of Substantial Completion.
(49) Lease agreement.--The term ``Lease Agreement'' means
any agreement entered into between the Yavapai-Apache Nation,
the Secretary, and any other person or entity pursuant to the
agreement.
(50) Leased water.--The term ``Leased Water'' means the YAN
CAP Water that is leased pursuant to a Lease Agreement.
(51) M&i use.--The term ``M&I Use'' or ``M&I Uses'' means
the Use of Water for domestic, municipal, industrial, and
commercial purposes.
(52) Maximum annual depletion amount.--The term ``Maximum
Annual Depletion Amount'' means the maximum amount of Water
Depleted per Year for each Water Right set forth in
Subparagraph 4.1 of the Agreement.
(53) Maximum annual diversion amount.--The term ``Maximum
Annual Diversion Amount'' means the maximum amount of Water
Diverted per Year for each Water Right set forth Subparagraph
4.1 the Agreement.
(54) Member.--The term ``Member'' means any person duly
enrolled as a member of the Yavapai-Apache Nation.
(55) 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.
(56) Non-federal land.--The term ``Non-Federal Land'' means
the land described in section 5201(a)(4).
(57) 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.
(58) Party.--The term ``Party'' means a person or entity
that is a signatory to the Agreement. The participation of
the State as a Party shall be as described in Subparagraph
17.5 in the Agreement. The United States' participation as a
Party shall be in the capacity as described in Subparagraph
2.80 of the Agreement.
(59) 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 fifteen service connections or regularly
serves an average of at least twenty-five persons daily for
at least sixty days a year.
(60) 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.
(61) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of the Interior or the
Secretary's designee.
(62) Srp.--The term ``SRP'' means the Salt River Project
Agricultural Improvement and Power District, a political
subdivision of the State, and the Salt River Valley Water
Users' Association, an Arizona Territorial Corporation.
(63) 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 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.
(64) Srrd.--The term ``SRRD'' means the Salt River
Reservoir District as defined on December 31, 2023 in Article
IV, Section 3, of the Articles of Incorporation of the Salt
River Valley Water Users' Association.
(65) State.--The term ``State'' means the State of Arizona.
(66) Stockpond.--The term ``Stockpond'' means an on-channel
or off-channel impoundment of any size that stores water that
is appropriable under Title 45, Arizona Revised Statutes, and
that is for the sole purpose of watering livestock and
wildlife.
(67) 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.
(68) Surface water.--The term ``Surface Water'' means all
Water that is appropriable under State law.
(69) 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.
(70) 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.
(71) TU NL]]N]CHOH water infrastructure project.--The term
``Tu nl[[nichoh Water Infrastructure Project'' means the
water infrastructure project including (A) the Cragin-Verde
Pipeline Project, as described in section 5103(b), which will
deliver Water from the C.C. Cragin Dam and Reservoir to the

[[Page S6153]]

Yavapai-Apache Nation and to other beneficiaries in the Verde
Valley Watershed; and (B) the YAN Drinking Water System
Project, as described in section 5103(c), which will treat
and distribute the water delivered from the Cragin-Verde
Pipeline Project.
(72) 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.
(73) Usgs.--The term ``USGS'' means the United States
Geological Survey.
(74) 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.
(75) 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.
(76) Verde river water.--The term ``Verde River Water''
means the Water as described in Paragraph 5.0 of the
Agreement, whether Diverted from the stream or pumped from a
well.
(77) Verde river watershed.--The term ``Verde River
Watershed'' means all lands located within the surface water
drainage of the Verde River and its tributaries, depicted on
the map attached as Exhibit 2.86 to the Agreement.
(78) 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.
(79) 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.
(80) Yan after-acquired trust land.--The term ``YAN After-
Acquired Trust Land'' means lands 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.
(81) 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
numbered _____; and any amendments to that contract.
(82) Yan cap water.--The term ``YAN CAP Water'' means CAP
Water to which the Yavapai-Apache Nation is entitled pursuant
to the Agreement and section 5111 of this division, and as
provided in the YAN Amended CAP Water Delivery Contract.
(83) 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.
(84) 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.
(85) Yan districts.--The term ``YAN Districts'' means (A)
the Camp Verde District; (B) the Middle Verde District; (C)
the Montezuma District; (D) the Clarkdale District; and (E)
the Rimrock District, of the Yavapai-Apache Reservation, each
of which districts is separately depicted in Exhibits 2.96A,
2.96B, 2.96C, 2.96D and 2.96E to the Agreement, and any
additions to a YAN District under applicable law.
(86) Yan drinking water system project.--The term ``YAN
Drinking Water System Project'' or ``Yavapai-Apache Drinking
Water System Project'' means the Yavapai-Apache Nation's
water treatment and water distribution system project under
the Tu nl[[nichoh Water Infrastructure Project, as described
in section 5103(c) of this division, that will treat and
distribute water delivered from the C.C. Cragin Reservoir.
(87) 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.
(88) Yan judgment.--The term ``YAN Judgment'' means the
judgment and decree entered by the Gila River Adjudication
Court as described in the Agreement.
(89) Yan land.--The term ``YAN Land'' means, collectively,
the YAN Reservation, YAN Trust Land and YAN Fee Land.
(90) 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 Global Positioning System
coordinates 34.6116972, -111.8984306 within the Middle Verde
District of the Reservation.
(91) Yan pumped water.--The term ``YAN Pumped Water'' means
the Water pumped from beneath the surface of the Earth,
regardless of its legal characterization as appropriable or
non-appropriable under Federal, State or other law.
(92) Yan-srp exchange agreement.--The term ``YAN-SRP
Exchange Agreement'' means that 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.
(93) Yan-srp water delivery and use agreement or yan-srp
wdua.--The term ``YAN-SRP Water Delivery and Use Agreement''
or ``YAN-SRP WDUA'' means that 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.
(94) Yavapai-apache nation, yan or nation.--The term
``Yavapai-Apache Nation'', ``YAN'', or ``Nation'' means the
Yavapai-Apache Nation of the Camp Verde Indian Reservation,
Arizona, a federally recognized Indian Tribe organized
pursuant to Section 16 of the Indian Reorganization Act of
June 18, 1934, 48 Stat. 987 (25 U.S.C. 5123).
(95) Yan trust land.--The term ``YAN Trust Land'' means
land that, as of the Enforceability Date, is--(A) located
outside the boundaries of the YAN Reservation; (B) held in
trust by the United States for the benefit of the YAN; and
(C) depicted on the map attached as Exhibit 2.102 to the
Agreement.
(96) Yavapai-apache reservation, yan reservation or
reservation.--The term ``Yavapai-Apache Reservation'', ``YAN
Reservation'' or ``Reservation'' means the land described in
section 5110(a).
(97) 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, the term ``Year'' means a
calendar year.

TITLE LI--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT

SEC. 5101. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE
NATION WATER RIGHTS SETTLEMENT AGREEMENT.

(a) Ratification.--
(1) In general.--Except as modified by this division, and
to the extent the Yavapai-Apache Nation Water Rights
Settlement Agreement does not conflict with this division,
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 division to
make the Agreement consistent with this division, the
amendment is authorized, ratified, and confirmed, to the
extent the amendment is consistent with this division.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this division, 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 division prohibits the
Secretary from approving any modification to the Agreement,
including any Exhibit to the Agreement, that is consistent
with this division, 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 division, 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
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 Project
Fund, 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. 5102. WATER RIGHTS.

(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Yavapai-Apache
Nation as set forth in the Yavapai-Apache Nation Water Rights
Settlement Agreement are ratified, confirmed and declared to
be valid.
(2) Use.--Any use of Water pursuant to the Water Rights
described in paragraph (1) by the Yavapai-Apache Nation shall
be subject to the terms and conditions of the Agreement and
this division.

[[Page S6154]]

(3) Conflict.--In the event of a conflict between the
Agreement and this division, this division 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; and
(2) Any future Water Rights taken into trust pursuant to
subsection (f) and (g).
(c) Off-reservation Use.--Except for Effluent as provided
in Subparagraphs 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 set forth 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 subsection (b)(1) 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 5111 of
this division.
(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 such 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, upon 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. 5103. TU NL]]N]CHOH WATER INFRASTRUCTURE PROJECT.

(a) In General.--The Secretary, acting through the
Commissioner, shall plan, design and construct the Tu
nl[[nichoh Water Infrastructure Project, which shall consist
of--
(1) the Cragin-Verde Pipeline Project as described in
subsection (b); and
(2) the Yavapai-Apache Nation Drinking Water System Project
as described in subsection (c).
(b) Cragin-verde Pipeline Project.--
(1) In general.--The Secretary, acting through the
Commissioner, and without cost to the Salt River Federal
Reclamation Project, shall--
(A) Plan, design and construct the Cragin-Verde Pipeline
Project as part of the Salt River Federal Reclamation
Project; and
(B) Obtain any rights-of-way or other interests in land
needed to construct the Cragin-Verde Pipeline Project.
(2) Scope.--The scope of the planning, design, and
construction activities for the Cragin-Verde Pipeline Project
shall be as generally described as Alternative 5A in the
document entitled Phase II: Yavapai-Apache Nation Indian
Water Rights Settlement, Value Planning Study, Bureau of
Reclamation, Interior Region 8, Lower Colorado Basin, as
amended.
(3) Requirements.--The Cragin-Verde Pipeline Project
shall--
(A) be capable of delivering no 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
division, and up to an additional 1,912.18 AFY for Use by
water users in Yavapai County as provided in section
5114(a)(2);
(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
Reclamation Act of 1902, 43 U.S.C. 371 et seq., as amended.
(5) Assumption of and responsibility for care, operation,
and maintenance of cragin-verde pipeline project.--Upon 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.--The costs of the care, operation,
and maintenance of the Cragin-Verde Pipeline Project shall
not be borne by SRP. 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. Until the Date of Substantial
Completion, the costs of care, operation, and maintenance
shall be borne by the Secretary.
(7) Withdrawal and reservation.--
(A) Definitions.--For purposes of this paragraph (7), the
term ``covered land'' means the portion of the National
Forest System land determined by the Secretary of the
Interior 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 of the Interior, 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 division, the Secretary of Interior
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 5101(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 dated July 2024, provided that, the design of the
project may be adjusted by mutual agreement of the Secretary
and the Yavapai-Apache Nation if the requirements of
subsection (c)(3) can be met and the adjustment is not
expected to increase the total cost of the project.
(3) Requirements.--The YAN Drinking Water System Project
shall--
(A) include a surface water treatment facility capable of
treating up to 2.25 million gallons of water per day (mgd),
with a peak of 3.0 mgd, 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 section 5114(a), the Secretary is authorized to
increase the capacity of the YAN Drinking Water System
Project to treat and deliver up to 1.9 mgd, with a peak of
2.5 mgd, for such water delivered to the YAN Delivery Point
from the C.C. Cragain Dam and Reservoir via the Cragin-Verde
Pipeline Project, provided that--
(A) the Yavapai-Apache Nation and the water user or users
described in section 5114(a) agree to terms and conditions
for the Nation to treat and distribute the water described in
section 5114(a);
(B) 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
payment for such costs are deposited into the YAN Drinking
Water System Project Fund Account described in section
5104(c) for use for the purposes described in subsection
(c)(1); and
(C) the request to increase the capacity of the YAN
Drinking Water System Project and meeting the conditions
required of this paragraph (4) 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.--The YAN Drinking Water System
Project shall be owned by the United States during
construction. Upon the Date of Substantial Completion of the
Tu nl[[nichoh Water Infrastructure Project described in
subsection (a), 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.--Upon
the Date of Substantial Completion of the

[[Page S6155]]

Tu nl[[nichoh Water Infrastructure Project described in
subsection (a), the Yavapai-Apache Nation shall assume and be
responsible for the care, operation, and maintenance of the
YAN Drinking Water System Project. 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).
(d) Date of Substantial Completion.--The Tu nl[[nichoh
Water Infrastructure Project shall be deemed substantially
complete on the date on which written notice is provided to
the Parties by the Bureau of Reclamation that the Cragin-
Verde Pipeline Project and the YAN Drinking Water System
Project are sufficiently complete to place the projects into
service for their intended use (``Date of Substantial
Completion'').

SEC. 5104. TU NL]]N]CHOH WATER INFRASTRUCTURE PROJECT FUND.

(a) Establishment.--The Secretary shall establish a non-
trust interest-bearing account to be known as the Tu
nl[[nichoh Water Infrastructure Project Fund (``Project
Fund'') to be managed and distributed by the Secretary, for
use by the Secretary for carrying out this division.
(b) Accounts.--The Secretary shall establish within the
Project Fund the following accounts--
(1) the Cragin-Verde Pipeline Account; and
(2) the YAN Drinking Water System Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Cragin-Verde Pipeline Account, the amounts made
available pursuant to section 5107(a)(1)(A); and
(2) in the YAN Drinking Water System Account, the amounts
made available pursuant to section 5107(a)(1)(B).
(d) Uses.--
(1) Cragin-verde pipeline account.--The Cragin-Verde
Pipeline Account shall be used by the Secretary to--
(A) carry out section 5103(b) of this division, including
all required environmental compliance under section 5101(c),
for the Cragin-Verde Pipeline Project; and
(B) 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 shall be used by the Secretary to carry
out section 5103(c) of this division, including all required
environmental compliance under section 5101(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 sections 5107(a)(1)(A) and 5107(a)(1)(B) shall
not be made available for expenditure until the
Enforceability Date.
(2) Exception.--Of the amounts made available under
paragraph (1), $13,000,000 shall be made available before the
Enforceability Date for the Bureau of Reclamation to carry
out environmental compliance and preliminary design of the Tu
nl[[nichoh Water Infrastructure Project, subject to the
following:
(A) The revision of the Settlement Agreement and exhibits
to conform to this division.
(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 5108.
(f) Interest.--In addition to the deposits 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 subsections
(d)(1) and (d)(2).
(g) Project Efficiencies.--
(1) If the total cost of the activities described in either
section 5103(b) or 5103(c) are less than the amounts
authorized to be obligated under sections 5107(a)(1)(A) and
5107(a)(1)(B) to carry out those activities, the Secretary
shall deposit the savings into the other account within the
Project Fund as described in subsection (b), if such funds
are necessary to complete the construction of any component
of the Tu nl[[nichoh Water Infrastructure Project.
(2) Any funds remaining in the Project Fund at the Date of
Substantial Completion shall be deposited in the Yavapai-
Apache Nation Water Settlement Trust Fund no later than 60
days after the Date of Substantial Completion. 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 one or more of the accounts
described in section 5105(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 section 5105(b)(2).

SEC. 5105. 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''
(``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 division.
(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; and
(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 5107(a)(2);
(2) in the Yavapai-Apache Water Projects Account
established under subsection (b)(2), the amounts made
available pursuant to subparagraph (B) of section 5107(a)(2);
(3) in the Yavapai-Apache Wastewater Projects Account
established under subsection (b)(3), the amounts made
available pursuant to subparagraph (C) of section 5107(a)(2);
(4) in the Yavapai-Apache OM&R Account established under
subsection (b)(4), the amounts made available pursuant to
subparagraph (D) of section 5107(a)(2); 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
section 5107(a)(2).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Trust Fund pursuant to subsection (b), 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 (b), any investment
earnings, including interest, credited to amounts held 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 division.
(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 division.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary--
(i) to enforce the Tribal management plan;
(ii) to ensure that amounts withdrawn by the Yavapai-Apache
Nation from the Trust Fund under this subsection are used in
accordance with this division.
(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 subparagraph, 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
subparagraph, subject to the condition that the amounts shall
be used for the purposes described in this division.

[[Page S6156]]

(C) Inclusions.--An expenditure plan under this
subparagraph 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 this division.
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under clause (ii) if the Secretary determines
that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this division.
(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 division.
(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 may only be used for the following
purposes--
(A) to pay fees and costs incurred by the Yavapai-Apache
Nation for filing and processing any application or obtaining
any permit required under Paragraphs 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
division for work under subparagraphs (A), (B) or (C).
(2) The yavapai-apache water projects account.--Amounts in
the Yavapai-Apache Water Projects Account may only be used
for the following purposes--
(A) 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;
(iii) the Yavapai-Apache Nation's proportionate share 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
division for projects under subparagraph (A).
(3) The yavapai-apache wastewater projects account.--
Amounts in the Apache Wastewater Projects Account may only be
used for the following purposes--
(A) 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;
(ii) the Yavapai-Apache Nation's proportionate share 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
division for projects under subparagraph (A); and
(C) to pay the outstanding debt on the Yavapai-Apache
Nation's loan with the Water Infrastructure and Finance
Authority of Arizona for the construction of the Middle Verde
Water Reclamation Facility (MVWRF) and to reimburse the
Yavapai-Apache Nation up to $8,000,000 in additional
construction costs related to construction of the MVWRF.
(4) The yavapai-apache om&r account.--Amounts in the
Yavapai-Apache OM&R Account may only be used to pay costs of
the following--
(A) OM&R and energy costs for the Tu nl[[nichoh Water
Infrastructure Project which includes 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; and
(C) OM&R for Yavapai-Apache Nation projects described in
subsections (a)(2), (a)(3) and (a)(5).
(5) Yavapai-apache watershed rehabilitation and restoration
account.--Amounts in the Yavapai-Apache Watershed
Rehabilitation and Restoration Account 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 or an expenditure
plan under this division.
(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. 5106. 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,'' within the
Middle Verde District of 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
section 5102(b)(1)(A) and Paragraph 11.0 of the Agreement.

SEC. 5107. FUNDING.

(a) Mandatory Appropriations.--Out of any money in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary, to remain available
to the Secretary until expended, withdrawn or reverted to the
general fund of the Treasury, the following amounts:
(1) Tu nl[[nichoh water infrastructure project fund.--
(A) $731,059,000 in the Cragin-Verde Pipeline Account
described in section 5104(b)(1); and
(B) $152,490,000 in the YAN Drinking Water System Account
described in section 5104(b)(2).
(2) Yavapai-apache nation water settlement trust fund
account.--
(A) $300,000 in the Yavapai-Apache Water Settlement
Implementation Account described in section 5105(b)(1);
(B) $58,000,000 in the Yavapai-Apache Water Projects
Account described in section 5105(b)(2);
(C) $31,000,000 in the Yavapai-Apache Wastewater Projects
Account described in section 5105(b)(3);
(D) $66,000,000 in the Yavapai-Apache OM&R Account
described in section 5105(b)(4); and
(E) $700,000 in the Yavapai-Apache Watershed Rehabilitation
and Restoration Account described in section 5105(b)(5).
(b) TU NL]]N]CHOH Water Infrastructure Project Additional
Authorization.--In addition to the mandatory appropriation
made available under subsection (a)(1), there is authorized
to be appropriated to the Project Fund such funds as are
necessary to complete the construction of the Tu nl[[nichoh
Water Infrastructure Project, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(c) Additional Authorizations.--In general there are
authorized to be appropriated--
(1) such sums as necessary for section 5106 of this
division; and
(2) such sums as necessary for the care, operation, and
maintenance of the Tu nl[[nichoh Water Infrastructure Project
until the Date of Substantial Completion.
(d) Fluctuation in Costs.--
(1) Project fund.--The amounts authorized to be
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 authorized to be 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

[[Page S6157]]

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 Project
Fund under subsection (a)(1) and the 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 Project Fund, the
period of indexing adjustment for any increment of funding
shall be annual until the Tu nl[[nichoh Water Infrastructure
Project is completed.
(B) Trust fund.--With respect to the Yavapai-Apache Nation
Water Settlement Trust Fund, the period of indexing
adjustment for any increment of funding shall end on the date
on which funds are deposited into the Trust Fund.
(e) Commencement of Environmental Compliance.--Subject to
the requirements of section 5104(e)(2)(A) and (B), effective
beginning on the date of deposit of funds in the Project
Fund, the Secretary shall commence any planning, design,
environmental, cultural, and historical compliance activities
necessary to implement the Agreement and this division,
including activities necessary to comply with section
5101(c)(1)(A)(B)(C) of this division.

SEC. 5108. 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) 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 division, 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 division.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.1 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in Exhibit 13.1 to
the Agreement, the Yavapai-Apache Nation, acting 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 division 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; and
(ii) the well is located within the Verde River Watershed
above USGS Gage No. 09506000 identified as ``Verde River near
Camp Verde, AZ''; and
(iii) the well was constructed after the Effective Date;
and
(iv) the well is not:

(I) a Replacement Well; or
(II) a new point of Diversion for a Surface Water Use
predating the Effective Date; or
(III) operated by a Municipal Water Provider pursuant to an
agreement with the Yavapai-Apache Nation under Subparagraph
16.1.2 of the Agreement; or
(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; or
(VI) used by a city or town in the Prescott active
management area to:

(aa) 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
set forth in A.R.S. Sec. 45-555(A)-(D), as that statute
exists as of the Effective Date, a copy of which is attached
as Exhibit 13.1.3 to the Agreement; or
(bb) 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 set forth in A.R.S. Sec. 45-555(E) and (G), as that
statute exists as of the Effective Date, a copy of which is
attached as Exhibit 13.1.3 to the Agreement; or
(cc) 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 A.R.S Sec. 45-555(G) and
(F), as that statute exists as of the Effective date, a copy
of which is attached as Exhibit 13.1.3 to the Agreement.

(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 all of the following
conditions:

(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 set forth 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% served with Effluent,
greywater, harvested rainwater, or some combination thereof.
(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% served with Effluent,
greywater, harvested rainwater, or some combination thereof.
(b) Waiver, Release, and Retention of Claims for Water
Rights and Injury to

[[Page S6158]]

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) Except as provided in paragraph (3), 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), as part of the
performance of the obligations of the Yavapai-Apache Nation
under the Agreement and this division, 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 injury to
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 division.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.2 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in Exhibit 13.2 to
the Agreement, 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 division 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; and
(ii) the well is located within the Verde River Watershed
above Gage No. 09506000, Verde River near Camp Verde, AZ; and
(iii) the well was constructed after the Effective Date;
and
(iv) the well is not:

(I) a Replacement Well; or
(II) a new point of Diversion for a Surface Water Use
predating the Effective Date; or
(III) operated by a Municipal Water Provider pursuant to an
agreement with the Yavapai-Apache Nation under Subparagraph
16.1.2 of the Agreement; or
(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) 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 division, 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 injury to 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 injury to
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 division.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.3 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in 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 division
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, commonly known
as ``the Clean Water 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
subsection (d)(1), (d)(2) or (d)(3).

SEC. 5109. 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 division shall be in complete replacement of,
complete substitution for, and 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 sections 5108(a) and 5108(b) of this division and
Subparagraphs 13.1 and 13.2 to 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 acting in the capacity of 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 division to or for the Yavapai-Apache
Nation, the Members of the Yavapai-Apache Nation (but not
Members in the capacity of the Members as Allottees), and the
United States, acting in the capacity of the United States as
trustee for the 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 division--
(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

[[Page S6159]]

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 5108(a)
and 5108(b), the Agreement and this division 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.--
(A) Nothing in the Agreement and this division 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 Arizona. 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 Arizona.
(2) Exception.--Notwithstanding paragraph (1), the Yavapai-
Apache Nation, in its capacity 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 the Gila River
Adjudication Proceedings or in any other judicial or
administrative proceeding.

SEC. 5110. 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 E and Exhibit 2.102 to the Agreement,
as documented by the Department Interior Division of Land
Titles and Records Office;
(2) the land added to the Reservation pursuant to
subsection (b);
(3) the land added to the Reservation pursuant to section
5201(c); 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.--Within thirty (30) days of enactment of
this division, 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), (B), (C), (D), (E), (F), and (G) and to
hold such land in trust for the benefit of the Yavapai-Apache
Nation.
(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) Distantce drums rv park property.--
(i) Parcel 1.--A tract of land as recorded in Book 3627,
Page 782, Records of Yavapai County, located in a portion of
Government Lots 10 and 11 of Section 7 and Government Lots 13
and 14 of Section 18, Township 14 North, Range 5 East of the
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, as described in Book 4332, Page 281 recorded on
November 7, 2005 in the records of the Yavapai County
Recorder.
(ii) Parcel 2.--A tract of land located in a portion of
Government Lot 12 of Section 7, Township 14 North, Range 5
East of the Gila and Salt River Base and Meridian, Yavapai
County, Arizona, as described in Book 4332, Page 281 recorded
on November 7, 2005 in the records of the Yavapai County
Recorder.
(iii) Parcel 3.--A tract of land located in Section 7,
Township 14 North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona, as described in
Book 4332, Page 281 recorded on November 7, 2005 in the
records of the Yavapai County Recorder.
(E) Sonic/chevron property.--
(i) Parcel 1.--A tract of land located in that part of Lot
13, Section 18, Township 14, North, Range 5 East of the Gila
and Salt River Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land described in Book
3068, Page 519 in the Office of the Yavapai County Recorder,
as described in Book 4115, Page 876 recorded on February 2,
2004 in the records of the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in that part of Lot
13, Section 18, Township 14 North, Range 5 East of the Gila
and Salt River Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land described in Book
3068, Page 519 in the Office of the Yavapai County Recorder,
as described in Book 4115, Page 876 recorded on February 2,
2004 in the records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in that part of
Lot 13, Section 18, Township 14 North, Range 5 East of the
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, being a portion of that parcel of land described in
Book 3068, Page 519 in the office of the Yavapai County
Recorder, as described in Book 4115, Page 888 recorded on
February 2, 2004 in the records of the Yavapai County
Recorder.
(F) Arena del loma property.--
(i) Parcel 1.--A tract of land located in Section 19,
Township 14 North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona, as described in
instrument number 2020-0044727 recorded on August 7, 2020 in
the records of the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in Section 19,
Township 14 North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona, lying within
South Middle Verde Road (Arena Del Loma Road) as abandoned by
Town of Camp Verde, as shown on plat of record in Book 198 of
Maps, Page 51, records of Yavapai County, Arizona, as
described in instrument number 2020-0044727 recorded on
August 7, 2020 in the records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in the Northeast
quarter of Section 19, Township 14 North, Range 5 East, of
the Gila and Salt River Base and Meridian, Yavapai County,
Arizona, being a portion of that parcel described in Book
4227, page 525 Record Source #1 (R1), records of the Yavapai
County Recorder's Office, as described in instrument number
2022-0059695 recorded on October 6, 2022 in the records of
the Yavapai County Recorder.
(G) Giant's grave property.--
(i) Parcel 1.--A tract of land located in the Northeast
quarter of the Southwest quarter of Section 19, Township 16
North, Range 3 East of the Gila and Salt River Base and
Meridian, Yavapai County, Arizona, as described in Book 3319,
Page 620, instrument number 9667800 recorded on November 27,
1996 in the records of the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in the South half
of the South half of Section 19 and in the Northeast quarter
of the Northwest quarter of Section 30, Township 16 North,
Range 3 East of the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in Book 3319, Page 620,
instrument number 9667800 recorded on November 27, 1996 in
the records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land 20 feet in width and more
or less 178 feet in length located in the South \1/2\ of
Section 19, Township 16 North, Range 3 East of the Gila and
Salt River Base and Meridian, Yavapai County, Arizona, being
a portion of that certain parcel of land described in Book
3568, Page 18, Official Records recorded in the Yavapai
County Recorder's Office, Yavapai County, Arizona, as
described in instrument number 2022-0036985 recorded on June
15, 2022 in the records of the Yavapai County Recorder.
(2) Reservation status.--The land taken into trust under
paragraph (1) shall be a part of the Yavapai-Apache
Reservation and administered in accordance with the laws and
regulations generally applicable to the land held in trust by
the United States for an Indian Tribe.
(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 division.
(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 and section 5201(b).
(6) Conflict.--If there is a conflict between a map and a
description of land in this division, the map shall control
unless the Secretary and the Yavapai-Apache Nation mutually
agree otherwise.

SEC. 5111. 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.

[[Page S6160]]

(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 division; 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 exists, as that term
is described in the YAN Amended CAP Water Delivery Contract,
the amount of CAP Indian Priority Water available to the YAN
in such Year shall be computed in accordance with subsection
5.8 of 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, if 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 water.
(ii) Payment of charges.--Except for CAP Water not
delivered through the CAP System, which does not incur a CAP
Pumping Energy Charge, or water delivered to other persons as
described in subparagraph (N), any applicable CAP Pumping
Energy Charge associated with the delivery of the YAN CAP
Water shall be paid by the Yavapai-Apache Nation.
(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 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
water have 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 such
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. 5112. ENFORCEABILITY DATE.

(a) In General.--The Agreement, including the waivers and
releases of claims described in section 5108, 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
division--
(A) the Agreement has been revised through an amendment to
eliminate the conflict; and
(B) the revised Agreement, including any exhibit 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 paragraph 13.0 of the Agreement and in section
5108 of this division have been executed by the Yavapai-
Apache Nation, the United States, and the other parties to
the Agreement;
(3) the full amount described in section 5107(a)(1)(A), as
adjusted by section 5107(d)(1), has been deposited into the
Cragin-Verde Pipeline Account of the Tu nl[[nichoh Water
Infrastructure Project Fund;
(4) the full amount described in section 5107(a)(1)(B), as
adjusted by section 5107(d)(1), has been deposited into the
YAN Drinking Water System Account of the Tu nl[[nichoh Water
Infrastructure Project Fund;
(5) the full amounts described in sections 5107(a)(2)(A),
(B), (C), (D) and (E), as adjusted by section 5107(d)(2),
have been deposited into the Trust Fund;
(6) the Arizona Department of Water Resources has
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 has 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
Subparagraphs 11.2 and 11.3 of the YAN Judgment, which
substantially conforms to the

[[Page S6161]]

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 division;
(10) the Secretary has issued a final record of decision
approving the construction of the Tu nl[[nichoh Water
Infrastructure Project as described section 5103 of this
division;
(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 5113(a) of this
division, consenting to the limited waiver of sovereign
immunity from suit in the circumstances described in section
5113(a)(3).
(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 division is repealed with the exception described
in paragraph (2) below;
(B) any action taken by the Secretary and any contract or
agreement entered into pursuant to this division shall be
void;
(C) The United States shall be entitled to Offset any
Federal amounts made available under section 5107(e)(2) 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 5107, together
with any investment earnings on those amounts, less any
amounts expended under section 5104(e)(2), shall revert
immediately to the general fund of the Treasury.
(2) Exception.--Notwithstanding subsection (b)(1), 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, sections
5110 and 5201 shall remain in effect.

SEC. 5113. 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) is described as any of the following:
(A) 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 division; 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) doesnot include any request for award against the
Yavapai-Apache Nation, or the United States acting as trustee
for the Yavapai-Apache Nation, for money 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) 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;
(III) section 5108 of this division; or

(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) shall not include any request for award against the
Yavapai-Apache Nation, or the United States acting as trustee
for the Yavapai-Apache Nation, for money damages, court costs
or attorney fees.
(b) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this division, the United States
shall not be liable for any failure of the United States to
carry out any obligation or activity authorized by this
division (including all agreements or exhibits ratified or
confirmed by this division) if adequate appropriations are
not provided expressly by Congress to carry out the purposes
of this division.
(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 title;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.

SEC. 5114. MISCELLANEOUS.

(a) C.c. Cragin Dam and Reservoir.--Section 213(i)(3)(B) of
the Gila River Indian Community Water Rights Settlement Act
of 2004 (Public Law 108-451; 118 Stat. 3533) is amended--
(1) by striking ``Blue Ridge Reservoir'' and inserting
``C.C. Cragin Dam and Reservoir''; and
(2) by adding at the end the following: ``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 Title.--Nothing in this title 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.

TITLE LII--YAVAPAI-APACHE LAND EXCHANGE

SEC. 5201. YAVAPAI-APACHE LAND EXCHANGE.

(a) Yavapai-apache Land Exchange.--Notwithstanding any
other provision of law, the Secretary of the Department of
Agriculture is directed to--
(1) within thirty (30) days of enactment of this division,
unless the Secretary of the Department of Agriculture has
already accepted title to such land, accept title to the Non-
Federal Land consisting of approximately 4,781.96 acres owned
by the Yavapai-Apache Nation in the State, as described in
subparagraphs (4)(A), (B), (C), (D), (E) and (F) and Exhibits
2.98G-1, 2.98G-2, 2.98G-3, 2.98G-4, 2.98G-5 and 2.98G-6 to
the Agreement, and such lands are deemed added to each
National Forest listed in the description in subparagraphs
(a)(4)(A)-(F) upon the date of acceptance of title by the
Secretary of the Department of Agriculture;
(2) within thirty (30) days of enactment of this division,
unless such lands have already been transferred by the Forest
Service to the Yavapai-Apache Nation, transfer the Federal
Land consisting of approximately 3,087.90 acres held by the
Forest Service, as described in subparagraphs (5)(A), (B),
(C), (D), (E), (F), (G), (H) and (I) and shown in Exhibit
2.98A to the Agreement, to the Secretary of the Interior to
be held in trust by the United States for the benefit of the
Yavapai-Apache Nation; and
(3) within thirty (30) days of enactment of this division,
unless such lands have already been transferred by the Forest
Service to the Yavapai-Apache Nation as of the date of
enactment of this division, convey the Federal Land
consisting of approximately 118.92 acres held by the Forest
Service as described in subparagraph (5)(J), to the Yavapai-
Apache Nation in fee.
(4) Non-federal land.--For purposes of this subsection (b),
Non-Federal Land shall include the following as depicted in
Exhibit 2.98 of the Agreement:
(A) Red Mountain at Yavapai Ranch Six Sections Parcel
(YAN1) - Prescott National Forest
(B) Johnston Ranch Parcel (YAN2) - Coconino National Forest
(C) Pinedale Parcel (YAN3) - Apache-Sitgreaves National
Forest
(D) Laurel Leaf Parcel (YAN4) - Prescott National Forest
(E) Heber Parcel (YAN5) - Apache-Sitgreaves National Forest
(F) Williams Parcel (YAN6) - Kaibab National Forest
(5) Federal land.--For purposes of this subsection (b),
Federal Land shall include the following as depicted in
Exhibit 2.98 of the Agreement:
(A) Montezuma A Parcel (NF1)
(B) Montezuma B Parcel (NF2)
(C) Montezuma C Parcel (NF3)
(D) Montezuma D Parcel (NF4)
(E) Lower 260 Parcel (NF5)
(F) Upper 260 Parcel (NF6)
(G) Middle Verde A Parcel (NF7)
(H) Middle Verde B Parcel (NF8)
(I) Middle Verde C Parcel (NF9)
(J) Cedar Ridge Parcel (NF10)
(b) Land to Be Taken Into Trust.--If the lands described in
subparagraphs (5)(A), (B), (C), (D), (E), (F), (G), (H) and
(I) are held by the Yavapai-Apache Nation in fee as of the
date of enactment of this division, within thirty (30) days
of enactment of this division, the Secretary is authorized
and directed to take legal title to the land and hold such
land in trust for the benefit of the Yavapai-Apache Nation.
(c) Reservation Status.--The land taken into trust under
subsection (b) shall be a part of the Yavapai-Apache
Reservation and administered in accordance with the laws and
regulations generally applicable to the land held in trust by
the United States for an Indian Tribe.
(d) Valid Existing Rights.--The land taken into trust under
subsection (b) shall be

[[Page S6162]]

subject to valid existing rights, including easements,
rights-of-way, contracts, and managements agreements.
(e) Limitations.--Nothing in this section 5201 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 division.

SEC. 5202. 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.
______