H.R. 2025
Northeastern Arizona Indian Water Rights Settlement Act of 2025
Official summary
Written by the Congressional Research Service.
Northeastern Arizona Indian Water Rights Settlement Act of 2025
This bill recognizes and settles certain water rights claims in Arizona of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe. It also provides funding for a water pipeline and three settlement trust funds.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the tribes, the United States, Arizona, and others, thus satisfying claims to water rights in Arizona (including with respect to the Little Colorado River and the Colorado River).
Additionally, the bill outlines the water rights of the tribes. For example, the bill allocates and assigns Colorado River water from Arizona's share to the Navajo Nation and the Hopi Tribe.
The bill establishes and provides funding for an implementation fund account for the Bureau of Reclamation to plan, design, and construct a pipeline to deliver water to the tribes.
Further, the bill establishes and provides funding for the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Tribe Water Settlement Trust Fund.
The bill also establishes a reservation consisting of approximately 5,400 acres of land in Arizona and Utah for the San Juan Southern Paiute Tribe by ratifying and confirming the treaty entered into by the Navajo Nation and the San Juan Southern Paiute Tribe.
The bill outlines waivers, releases, and retention of claims by the tribes and the United States under the settlement agreement.
Text of the bill
(a) Ratification
(1) In general. Except as modified by this Act and to the extent the Settlement Agreement does not conflict with this Act, the Settlement Agreement is authorized, ratified, and confirmed.
(2) Amendments. If an amendment to the Settlement Agreement, or to any exhibit attached to the Settlement Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Settlement Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed, to the extent the amendment is consistent with this Act.
(b) Execution of settlement agreement
(1) In general. To the extent the Settlement Agreement does not conflict with this Act, the Secretary shall execute the Settlement Agreement, including all exhibits to the Settlement Agreement requiring the signature of the Secretary.
(2) Modifications
(A) In general. Nothing in this Act prohibits the Secretary from approving any modification to the Settlement Agreement, including any exhibit to the Settlement Agreement, that is consistent with this Act, to the extent the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable Federal law.
(B) Abstracts. Prior to the execution of the Settlement Agreement by the Secretary, the abstracts attached as Exhibits to the Settlement Agreement shall be modified, as necessary—
(i) to correct errors or omissions to the satisfaction of the Parties; and
(ii) to conform with applicable Federal and State law.
(c) Environmental compliance
(1) In general. In implementing the Settlement Agreement (including all exhibits to the Settlement Agreement requiring the signature of the Secretary) and this Act, the Secretary shall comply with all applicable provisions of—
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and
(C) all other Federal environmental laws and regulations.
(2) Compliance. In implementing the Settlement Agreement and this Act, but excluding environmental compliance related to the iiná bá – paa tuwaqat’si pipeline, the applicable Tribe shall prepare any necessary environmental documents consistent 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 Federal environmental laws and regulations.
(d) Authorizations. The Secretary shall—
(1) independently evaluate the documentation submitted under subsection (c)(2); and
(2) be responsible for the accuracy, scope, and contents of that documentation.
(e) Effect of execution. The execution of the Settlement Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Costs
(1) In general. Except as provided in paragraph (2), any costs associated with the performance of the compliance activities under subsection (c) shall be paid from funds deposited in the Navajo Nation Water Projects Trust Fund Account, the Hopi Tribe Groundwater Projects Trust Fund Account, or the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account, as applicable, 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.
(2) iiná bá – paa tuwaqat’si pipeline. Any costs associated with the performance of the compliance activities under subsection (c) relating to the iiná bá – paa tuwaqat’si pipeline shall be paid from funds deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.