Text of Senate Amendment 3287

On 2024-09-18, Senator Mark Kelly (D-AZ) delivered a floor speech titled "Text Of Senate Amendment 3287" in the Senate. The speech addressed taxes and also covered the environment, defense. It referenced legislation including S6162, S6182, S4638, among other bills.

Text of Senate Amendment 3287

Congressional Record, Volume 170 Issue 145 (Wednesday, September 18, 2024) [Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)] [Senate] [Pages S6162-S6182] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 3287. 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: DIVISION E--NORTHEASTERN ARIZONA INDIAN WATER RIGHTS SETTLEMENT ACT OF 2024 SEC. 5001. SHORT TITLE. This division may be cited as the ``Northeastern Arizona Indian Water Rights Settlement Act of 2024''. SEC. 5002. PURPOSES. The purposes of this division are-- (1) to achieve a fair, equitable, and final settlement of all claims to rights to water in the State for-- (A) the Navajo Nation and Navajo Allottees; (B) the Hopi Tribe and Hopi Allottees; (C) the San Juan Southern Paiute Tribe; and (D) the United States, acting as trustee for the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, Navajo Allottees, and Hopi Allottees; (2) to authorize, ratify, and confirm the Northeastern Arizona Indian Water Rights Settlement Agreement entered into by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the State, and other Parties to the extent that the Settlement 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 Settlement Agreement and this division; and (4) to authorize funds necessary for the implementation of the Settlement Agreement and this division. SEC. 5003. DEFINITIONS. In this division: (1) 1882 reservation.--The term ``1882 Reservation'' means-- (A) land within the exterior boundaries of the ``Hopi Indian Reservation'' defined as District 6 in Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 (1963), and Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371, 1375-76 (9th Cir. 1997); and (B) all land withdrawn by the Executive order of December 16, 1882, and partitioned to the Hopi Tribe in accordance with section 4 of the Act of December 22, 1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113 (9th Cir. 1980). (2) AFY.--The term ``AFY'' means acre-feet per year. (3) Arizona department of water resources.--The term ``Arizona Department of Water Resources'' means the agency of the State established pursuant to section 45-102 of the Arizona Revised Statutes, or a successor agency or entity. (4) Bureau.--The term ``Bureau'' means the Bureau of Reclamation. (5) CAP; central arizona project.--The terms ``CAP'' and ``Central Arizona Project'' mean the Federal reclamation project authorized and constructed by the United States in accordance with title III of the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.). (6) Cap 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 the repayment of costs of the Central Arizona Project; and (B) any amendment to, or revision of, that contract. (7) CAWCD; central arizona water conservation district.-- The terms ``CAWCD'' and ``Central Arizona Water Conservation District'' mean the political subdivision of the State that is the contractor under the CAP Repayment Contract. (8) Cibola water.--The term ``Cibola Water'' means the entitlement of the Hopi Tribe to the diversion of up to 4,278 AFY of the Fourth Priority Water described in the Hopi Tribe Existing Cibola Contract. (9) Colorado river compact.--The term ``Colorado River Compact'' means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes. (10) Colorado river system.--The term ``Colorado River System'' has the meaning given the term in Article II(a) of the Colorado River Compact. (11) Colorado river water.-- (A) In general.--The term ``Colorado River Water'' means the waters of the Colorado River apportioned for Use within the State by-- (i) sections 4 and 5 of the Boulder Canyon Project Act (43 U.S.C. 617c, 617d); (ii) the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes; (iii) the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.); (iv) the contract for delivery of water between the United States and the State, dated February 9, 1944; and (v) the Decree. (B) Limitations.--The term ``Colorado River Water''-- (i) shall only be used for purposes of interpreting the Settlement Agreement and this division; and (ii) shall not be used for any interpretation of existing law or contract, including any law or contract described in clauses (i) through (v) of subparagraph (A). (12) Decree.--The term ``Decree'', when used without a modifier, means-- (A) the decree of the Supreme Court of the United States in Arizona v. California, 376 U.S. 340 (1964); (B) the consolidated decree entered on March 27, 2006, in Arizona v. California, 547 U.S. 150 (2006); and (C) any modification to a decree described in subparagraph (A) or (B). (13) Diversion.--The term ``diversion'' means an act to divert. (14) Divert.--The term ``divert'' means to receive, withdraw, develop, produce, or capture water using-- (A) a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or (B) any other human act. (15) Effective date.--The term ``Effective Date'' means the date as of which the Settlement Agreement has been executed by not fewer than 30 of the Parties, including-- (A) the Navajo Nation; (B) the Hopi Tribe; (C) the San Juan Southern Paiute Tribe; (D) the State; (E) the Arizona State Land Department; (F) the Central Arizona Water Conservation District; (G) the Salt River Project Agricultural Improvement and Power District; and (H) the Salt River Valley Water Users' Association. (16) 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, regardless of whether the water has been treated to improve the quality of the water. (17) Enforceability date.--The term ``Enforceability Date'' means the date described in section 5016(a). (18) Fifth priority water.--The term ``Fifth Priority Water'' has the meaning given the term in the Hopi Tribe Existing Cibola Contract. (19) 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 after September 30, 1968, for Use on Federal, State, or privately owned land in the State, in a total quantity not greater than 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. (20) Gila river adjudication.--The term ``Gila River Adjudication'' 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). (21) 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. (22) Gila river adjudication decree.--The term ``Gila River Adjudication Decree'' means the judgment or decree entered by the Gila River Adjudication Court in substantially the same form as the form of judgment attached as Exhibit 3.1.47 to the Settlement Agreement. (23) Groundwater.--The term ``Groundwater'' means all water beneath the surface of the earth within the State that is not-- (A) Surface Water; (B) Colorado River Water; or (C) Effluent. (24) Hopi allotment.--The term ``Hopi Allotment'' means any of the 11 parcels allotted pursuant to section 4 of the Act of February 8, 1887 (commonly known as the ``Indian General Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334), that are-- (A) located within the exterior boundaries of the Hopi Reservation; and [[Page S6163]] (B) held in trust by the United States for the benefit of 1 or more individual Indians under allotment record numbers AR- 39, AR-40, AR-41, AR-42, AR-43, AR-44, AR-45, AR-46, AR-47, AR-48, and AR-49. (25) Hopi allottee.--The term ``Hopi Allottee'' means-- (A) an individual Indian holding a beneficial interest in a Hopi Allotment; or (B) an Indian Tribe holding an undivided fractional beneficial interest in a Hopi Allotment. (26) Hopi fee land.--The term ``Hopi Fee Land'' means land, other than Hopi Trust Land, that-- (A) is located in the State; (B) is located outside the exterior boundaries of the Hopi Reservation; and (C) as of the Enforceability Date, is owned by the Hopi Tribe in its own name or through an entity wholly owned or controlled by the Hopi Tribe. (27) Hopi land.--The term ``Hopi Land''