Text of Senate Amendment 3286

On 2024-09-18, Senator Mark Kelly (D-AZ) delivered a floor speech titled "Text Of Senate Amendment 3286" in the Senate. The speech addressed taxes and also covered the environment, defense. It referenced legislation including S6150, S6162, S4638, among other bills.

Text of Senate Amendment 3286

Congressional Record, Volume 170 Issue 145 (Wednesday, September 18, 2024) [Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)] [Senate] [Pages S6150-S6162] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] 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 wat