Overview
Title
To approve the settlement of water rights claims of the Yavapai-Apache Nation in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.
ELI5 AI
H. R. 8949 is a plan to settle water disagreements for the Yavapai-Apache Nation in Arizona by building special water projects; it involves lots of money to do this but doesn't say exactly how much, which worries some people about how the money will be spent.
Summary AI
H. R. 8949 is a bill proposed to approve the settlement of water rights claims concerning the Yavapai-Apache Nation in Arizona. It aims to authorize the construction of a water infrastructure project to support these claims. The bill includes provisions for land exchanges involving federal and non-federal lands to benefit the Yavapai-Apache Nation and outlines funding and management of the project. It also addresses the terms and conditions for the use and management of water resources, emphasizing the preservation of cultural and traditional water values to the Yavapai-Apache Nation.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The proposed legislation, titled the Yavapai-Apache Nation Water Rights Settlement Act of 2024, seeks to formally settle water rights claims for the Yavapai-Apache Nation in Arizona. It also authorizes infrastructure projects to improve access and distribution of water resources to involved parties. Key provisions cover enforcing water rights, constructing water infrastructure projects, and facilitating land exchanges between the nation and the federal government. Additional sections detail funds to manage these entities and provide mechanisms for various waivers and claims releases related to the water rights of the nation.
Summary of Significant Issues
A notable concern with this legislation is its complexity, which could obscure critical details for both stakeholders and the general public. The language used in sections dealing with the waivers, releases, and claims retains significant complexity, making it challenging for non-experts to understand. Moreover, while it provides a framework for altering the Agreement without needing further congressional oversight, this could lead to significant changes without thorough external review, raising transparency and accountability issues.
The text also poses concerns regarding water rights, as it does not specify exact amounts or limits, potentially leading to uncertain obligations or liabilities for the government. Furthermore, a provision indicating that certain water rights are not subject to loss due to non-use may unintentionally discourage efficient water management.
Potential Impact on the Public
For the general public, this bill presents concerns about efficient and fair distribution of water resources. By not clearly defining specific amounts or limits for water rights, there is potential for mismanagement, ultimately affecting community access to water resources. Moreover, the freedom to make amendments without additional oversight could lead to significant divergences from the original legislative intent, impacting public trust.
Impact on Specific Stakeholders
The bill potentially benefits the Yavapai-Apache Nation by solidifying water rights and funding infrastructure that supports their community's water needs. However, it might disadvantage other stakeholders such as local counties or other Native American tribes by prioritizing the Yavapai-Apache Nation in water allocation and related infrastructure projects.
Moreover, the potential ambiguity in land value exchanges during the land swap process might lead to perceived unfairness or exploitation, posing a significant issue for those involved in or impacted by these transactions. Overall, while the bill aims to meet its objectives of resolving longstanding water rights disputes for the Yavapai-Apache Nation, the execution must be well-monitored to ensure benefits are maximized, and negative consequences minimized for all parties involved.
Financial Assessment
The bill H. R. 8949, known as the "Yavapai-Apache Nation Water Rights Settlement Act of 2024," involves substantial financial considerations, particularly in terms of appropriations for water infrastructure projects and the establishment of a trust fund. The text provides specific financial allocations across various sections, which indicates a structured, yet potentially broad financial commitment from the federal government. Here is a closer examination of how money is being referenced and the accompanying critiques related to these elements.
Funding Allocations
The bill outlines several monetary allocations aimed at addressing the water rights claims and supporting infrastructure development:
- Mandatory Appropriations:
The bill sets forth a mandate for the transfer of $731,059,000 into the Cragin-Verde Pipeline Account and $152,490,000 into the Yavapai-Apache Nation Drinking Water System Account. These funds are allocated for the construction of specific water infrastructure projects.
Trust Fund Establishment:
It establishes the "Yavapai-Apache Nation Water Settlement Trust Fund," composed of several accounts. This includes $300,000 for the Water Settlement Implementation Account, $58,000,000 for Water Projects, $31,000,000 for Wastewater Projects, $66,000,000 for Operations and Maintenance (OM&R), and $700,000 for Watershed Rehabilitation and Restoration.
Additional Authorizations:
- The bill authorizes "such sums as necessary," meaning future appropriations could be made to complete the projects begun under these initial allocations.
Relationship to Identified Issues
The financial discussions within the bill align significantly with several of the issues identified:
- Vague Spending Limits:
The use of phrases like "such sums as necessary" could lead to concerns over the ambiguity of financial commitments. The lack of concrete spending caps risks the potential for excessive appropriations, which is highlighted in the identified issue regarding vague spending limits and the necessity for clearer financial oversight.
Complexity and Accessibility:
The complexity and potential inaccessibility of the bill's language, notably in sections regarding financial appropriations, could obscure understanding for those not versed in legalese. This complicates financial planning and assessment for stakeholders and taxpayers.
Oversight and Accountability Concerns:
There appears to be a lack of clarity on how costs related to construction and environmental compliance will be monitored, which ties into concerns about oversight and accountability. The funds appropriated for these comprehensive projects need robust mechanisms to ensure they are spent efficiently, without unnecessary waste.
Potential Financial Burden:
- The potential for an unquantified financial burden is underscored by the broad waivers of claims and open-ended commitments due to undefined water rights as noted earlier. The absence of specific restrictions on financial liabilities could impact governmental fiscal planning.
Overall, while the bill details significant financial commitments toward addressing water rights and infrastructure needs, it raises questions about the delineation of expenditures and the mechanisms in place to prevent fiscal mismanagement. The issues of vague spending terminology and oversight highlight the necessity for clearer guidelines and more transparent financial governance in the legislative text.
Issues
The section on 'Waivers, Releases and Retentions of Claims' (Section 108) is perceived to favor specific parties, especially the Yavapai-Apache Nation, due to broad waivers of claims that lack clear justification, which could lead to potential imbalances or perceptions of favoritism among stakeholders (Sections 108 and 201).
The provision allowing amendments to the Agreement without requiring further congressional approval as long as they are consistent with the Act poses a risk for ambiguity in consistency determination, potentially allowing significant changes without proper oversight (Section 101).
The document does not specify specific amounts or limits for the water rights, potentially leading to open-ended obligations or liabilities for the government, which could affect resource security and financial planning (Section 102).
The text in 'Funding' (Section 107) uses the term 'such sums as necessary,' which is vague and does not set concrete spending limits, leading to concerns over potential excessive or unbounded appropriations without adequate oversight (Section 107).
Complex language throughout the bill, especially in sections like 'Waivers, Releases and Retentions of Claims' (Section 108) and 'Definitions' (Section 3), may be difficult for those without a legal background to understand, making it inaccessible to the general public and potentially obscuring important details (Sections 3, 108).
The language on cultural, traditional, and religious values in 'Purposes and Findings' may be subjective and lacks specificity on how these values are assessed or integrated into the agreement, potentially leading to differing interpretations or standards (Section 2).
The provision indicating that certain water rights are not subject to loss through non-use discards efficient resource allocation, potentially leading to inefficiencies in water management (Section 102).
The section on 'Land Exchange' lacks clarity regarding valuation processes ensuring equitable land value exchange, which can result in perceived unfairness or exploitation (Section 201).
Oversight and accountability mechanisms regarding costs associated with compliance and coordination activities under federal oversight may lack clarity, which could lead to potential wasteful spending or lack of accountability (Sections 101, 103, 104).
The financial implications of reverting funds to the Treasury due to unmet conditions lack clear quantification or explanation, making financial impacts difficult to assess (Section 112).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Yavapai-Apache Nation Water Rights Settlement Act of 2024 outlines the title and table of contents for the bill. It includes sections related to the settlement agreement, water rights and projects, funding, and land exchanges between the Yavapai-Apache Nation and other entities.
2. Purposes and findings Read Opens in new tab
Summary AI
The purpose of this Act is to settle all water rights claims involving the Yavapai-Apache Nation, particularly in areas like the Verde River Watershed and the Colorado River. It involves authorizing an agreement, providing funding, and acknowledging the cultural significance of the river to the Yavapai and Apache tribes, while also ensuring the river's flow is protected for their reservation.
3. Definitions Read Opens in new tab
Summary AI
The text defines various technical terms related to water rights and management in Arizona, such as "AFY" for acre-feet per year and "CAP" for the Central Arizona Project, as well as entities involved like the Yavapai-Apache Nation and the Bureau of Reclamation. It explains how these terms are used throughout the act to clarify the rights, responsibilities, and water-related projects, including infrastructure and agreements concerning the Yavapai-Apache Nation.
101. Ratification and execution of the Yavapai-Apache Nation Water Rights Settlement Agreement Read Opens in new tab
Summary AI
The section explains that the Yavapai-Apache Nation Water Rights Settlement Agreement is approved and can be revised if needed to match the Act's requirements. The Secretary is responsible for finalizing and possibly modifying the Agreement, ensuring it follows environmental laws like the Endangered Species Act and the National Environmental Policy Act. Environmental compliance costs are covered by a specific fund, but the federal government's review costs are separate.
102. Water rights Read Opens in new tab
Summary AI
The bill confirms the water rights of the Yavapai-Apache Nation as valid according to their Water Rights Settlement Agreement, and holds certain rights in trust for the Nation, ensuring these rights are not lost even if not used. It also outlines conditions under which water may be used, stored, or transferred, with stipulations for water rights associated with the Nation's land acquisitions.
103. Tú ńlį́į́níchoh Water Infrastructure Project Read Opens in new tab
Summary AI
The Tú ńlį́į́níchoh Water Infrastructure Project involves planning, designing, and constructing two main projects: the Cragin-Verde Pipeline Project and the Yavapai-Apache Nation Drinking Water System Project. The Secretary of the Interior is responsible for carrying out these projects, which aim to deliver and treat water for the Yavapai-Apache Nation and other local users, with specific provisions for land use, project funding, cost responsibilities, and eventual transfer of management to local entities.
104. Tú ńlį́į́níchoh Water Infrastructure Project Fund Read Opens in new tab
Summary AI
The Tú ńlį́į́níchoh Water Infrastructure Project Fund is established by the Secretary, who creates two accounts within it—the Cragin-Verde Pipeline Account and the YAN Drinking Water System Account—for managing specific water-related projects. Funds are deposited, used for specific purposes, and any interest earned can be used as well; if projects are completed under budget or funds are leftover, savings can be redirected to complete other project components or deposited into a settlement trust fund.
Money References
- (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 Tú ńlį́į́níchoh Water Infrastructure Project, subject to the following: (A) The revision of the Settlement Agreement and exhibits to conform to this Act. (B) Execution by all of the required settlement parties, including the United States, of the conformed Settlement Agreement and exhibits, including the waivers and releases of claims under section 108. (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.
105. Yavapai-Apache Nation Water Settlement Trust Fund Read Opens in new tab
Summary AI
The Yavapai-Apache Nation Water Settlement Trust Fund is a fund established and managed by the Secretary for the Yavapai-Apache Nation to support various water-related projects and activities as outlined in the Act. The Trust Fund consists of multiple accounts, each with specific purposes like implementing water settlements, projects, and watershed restoration, and funds from these accounts can only be withdrawn and used in accordance with approved plans, ensuring they are used for the intended purposes.
Money References
- (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 Act. (E) ENFORCEMENT.—The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this Act. (g) Uses.—In general.—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 Act 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; and (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 Act 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 Act 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 Tú ńlį́į́níchoh 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.
106. Gaging station Read Opens in new tab
Summary AI
The section requires the Secretary, through the Director of the USGS, to keep running the gaging station at YAN Point of Compliance on the Verde River. This station is important for tracking the water rights of the Yavapai-Apache Nation as specified in earlier parts of the agreement.
107. Funding Read Opens in new tab
Summary AI
The section outlines funding and authorization for the Tú ńlį́į́níchoh Water Infrastructure Project and the Yavapai-Apache Nation Water Settlement, detailing amounts allocated for various accounts, provisions for adjusting appropriations based on cost fluctuations, and the commencement of necessary compliance activities for implementation, all while allowing for additional funds as needed to complete projects.
Money References
- (a) Mandatory appropriations.—Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to remain available to the Secretary until expended, withdrawn or reverted to the general fund of the Treasury, the following amounts: (1) TÚ ńLį́į́NÍCHOH WATER INFRASTRUCTURE PROJECT FUND.— (A) $731,059,000 in the Cragin-Verde Pipeline Account described in section 104(b)(1); and (B) $152,490,000 in the YAN Drinking Water System Account described in section 104(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 105(b)(1); (B) $58,000,000 in the Yavapai-Apache Water Projects Account described in section 105(b)(2); (C) $31,000,000 in the Yavapai-Apache Wastewater Projects Account described in section 105(b)(3); (D) $66,000,000 in the Yavapai-Apache OM&R Account described in section 105(b)(4); and (E) $700,000 in the Yavapai-Apache Watershed Rehabilitation and Restoration Account described in section 105(b)(5).
108. Waivers, releases and retentions of claims Read Opens in new tab
Summary AI
The bill outlines the conditions under which the Yavapai-Apache Nation, the United States, and involved parties must waive or retain claims related to water rights and injuries to water rights. It specifies what claims are waived or retained against each other and includes rules about post-enforceability actions while ensuring that health, safety, or environmental laws remain unaffected by these stipulations.
109. Satisfaction of water rights and other benefits; effect on members of the Yavapai-Apache Nation and Dinah Hood Allotment Read Opens in new tab
Summary AI
The section outlines that the Yavapai-Apache Nation and its members will receive certain benefits as a complete replacement for any water rights claims they might have had, with the agreement not affecting the rights to water for land outside of their designated area. It clarifies that the Dinah Hood Allotment's water rights remain unchanged and allows their beneficial owners, including the United States as trustee, to pursue water claims in Arizona, though the Yavapai-Apache Nation cannot dispute these claims within the specified legal proceedings.
110. Trust land Read Opens in new tab
Summary AI
The section outlines that certain lands within and added to the Yavapai-Apache Reservation in Arizona are to be held in trust for the Yavapai-Apache Nation by the United States. The details include specific parcels of land to be taken into trust, with provisions for existing rights and the possibility of correcting land description errors by mutual agreement between the Secretary and the Yavapai-Apache Nation.
111. Yavapai-Apache Nation Cap Water Read Opens in new tab
Summary AI
In accordance with the Yavapai-Apache Nation Water Rights Settlement Agreement, the Secretary is required to make a permanent water delivery contract to provide the Yavapai-Apache Nation a specified amount of water from the Central Arizona Project. The contract includes terms about leasing or exchanging water, financial responsibilities, and use restrictions, ensuring that the water remains within Arizona and that certain infrastructure and operating costs are not the responsibility of the Nation.
112. Enforceability date Read Opens in new tab
Summary AI
The Enforceability Date section outlines the conditions that must be met for a specific agreement to take effect, including finalizing financial deposits, securing necessary approvals for water rights changes, and executing agreements with local towns. If these conditions are not met by June 30, 2035, the act will be repealed, contracts will be void, and funds will revert to the Treasury, except for certain sections that will remain effective.
113. Administration Read Opens in new tab
Summary AI
In this section, the Yavapai-Apache Nation and the United States, acting as their trustee, agree to limit their sovereign immunity, allowing them to be sued in certain cases related to the interpretation or enforcement of this Act or specific agreements, provided these cases do not seek money damages or related costs. Additionally, it states that the United States is not responsible for fulfilling obligations under this Act if Congress doesn't allocate sufficient funds and that certain federal land and water regulations won't apply to those benefiting under this Act.
114. Miscellaneous Read Opens in new tab
Summary AI
The section amends Public Law 108-451 to rename "Blue Ridge Reservoir" to "C.C. Cragin Dam and Reservoir" and allows for 3,500 acre-feet of water per year for use in Northern Gila County, and 1,639.74 acre-feet per year in Yavapai County, Arizona, at no cost for specific municipal and domestic purposes. It also stipulates that the change does not influence any water rights related to Indian tribes, except for the Yavapai-Apache Nation.
201. Yavapai-Apache land exchange Read Opens in new tab
Summary AI
The section outlines a land exchange agreement between the Yavapai-Apache Nation and the U.S. government, where approximately 4,781.96 acres of land owned by the Yavapai-Apache Nation will be added to various National Forests, and approximately 3,087.90 acres of federal land will be held in trust for the benefit of the nation. Additionally, 118.92 acres will be conveyed directly to the Yavapai-Apache Nation, with provisions to ensure that all land trust agreements respect existing rights and claims.
202. Town of Camp Verde and Forest Service Read Opens in new tab
Summary AI
The Forest Service is required to quickly work with the Town of Camp Verde to transfer up to 40 acres of land to them for public safety and other town needs. This land is located where Interstate 17 meets General Crook Trail within the town's boundaries.