Sec. 6. Tú ńlį́į́níchoh Water Infrastructure Project
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The Secretary, acting through the Commissioner, shall plan, design and construct the Tú ńlį́į́níchoh Water Infrastructure Project, which shall consist of— the Cragin-Verde Pipeline Project as described in subsection (b); and the Yavapai-Apache Nation Drinking Water System Project as described in subsection (c). The Secretary, acting through the Commissioner, and without cost to the Salt River Federal Reclamation Project, shall— plan, design, and construct the Cragin-Verde Pipeline Project as part of the Salt River Federal Reclamation Project; and obtain any rights-of-way or other interests in land needed to construct the Cragin-Verde Pipeline Project.
The scope of the planning, design, and construction activities for the Cragin-Verde Pipeline Project shall meet the requirements described in paragraph (3). The Cragin-Verde Pipeline Project shall— be capable of delivering— not 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 Act; and up to an additional 1,912.18 AFY for Use by water users in Yavapai County as provided by the amendments made by section 17(a); include all facilities and appurtenant items necessary to divert, store, and deliver water to the YAN Delivery Point on the Yavapai-Apache Reservation; and to the maximum extent practicable, be designed and constructed to minimize care, operation, and maintenance costs.
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 Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (commonly known as the Reclamation Act of 1902 ) ( 43 U.S.C. 371 et seq. ). On 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.
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.
In this paragraph, the term covered land means the portion of the National Forest System land determined by the Secretary to be necessary for the construction and operation of the Cragin-Verde Pipeline Project as depicted on the map prepared under subparagraph (D). The covered land is permanently withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Subject to valid existing rights, the covered land is reserved to the United States, through the Secretary, 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.
As soon as practicable after the date of enactment of this Act, the Secretary 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. The Secretary, acting through the Commissioner, shall— plan, design and construct the YAN Drinking Water System Project; comply with all requirements of section 4(c)(1); and obtain any rights-of-way or other interests in land needed to construct the YAN Drinking Water System Project.
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 and dated July 2024, subject to the condition that the design of the project may be adjusted by mutual agreement of the Secretary and the Yavapai-Apache Nation if— the requirements of paragraph
(3)can be met; and the adjustment is not expected to increase the total cost of the YAN Drinking Water System Project. The YAN Drinking Water System Project shall— include a surface water treatment facility capable of treating up to 2,250,000 gallons of water per day, with a peak of 3,000,000 gallons of water per day, 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); 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 to the maximum extent practicable, be designed and constructed to minimize care, operation, and maintenance costs. For the water described in the amendments made by section 17(a), the Secretary is authorized to increase the capacity of the YAN Drinking Water System Project to treat and deliver up to an additional 2,500,000 gallons of water per day, for such water delivered to the YAN Delivery Point from the C.C. Cragin Dam and Reservoir via the Cragin-Verde Pipeline Project, subject to the conditions that— the Yavapai-Apache Nation and the water user or users described in the amendments made by section 17(a) agree to terms and conditions for the Nation to treat and distribute the water described in that section; 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 7(c)(2) for use for the purposes described in paragraph (1); and the request to increase the capacity of the YAN Drinking Water System Project and meeting the conditions required under this paragraph 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. The YAN Drinking Water System Project shall be owned by the United States during construction. On the Date of Substantial Completion of the Tú ńlį́į́níchoh Water Infrastructure Project, the Secretary shall transfer title to the YAN Drinking Water System Project to the Yavapai-Apache Nation. On the Date of Substantial Completion of the Tú ńlį́į́níchoh Water Infrastructure Project, 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. 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. 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)(B). The Tú ńlį́į́níchoh 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.
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