Sec. 14. ENFORCEABILITY DATE

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## SEC. 14 ENFORCEABILITY DATE ###

(a)In General Except as provided in subsection (d), the Hualapai Tribe water rights settlement agreement, including the waivers and releases of claims described in section 9, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings that— ####

(1)to the extent the Hualapai Tribe water rights settlement agreement conflicts with this Act— #####

(A)the Hualapai Tribe water rights settlement agreement has been revised through an amendment to eliminate the conflict; and #####

(B)the revised Hualapai Tribe water rights settlement agreement, including any exhibits requiring execution by any party to the Hualapai Tribe water rights settlement agreement, has been executed by the required party; ####

(2)the waivers and releases of claims described in section 9 have been executed by the Hualapai Tribe and the United States; ####

(3)the abstracts referred to in subparagraphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe; ####

(4)the full amount described in section 7(a)(1), as adjusted by section 7(b), has been deposited in the Hualapai Water Trust Fund Account; ####

(5)the Gila River adjudication decree has been approved by the Gila River adjudication court substantially in the form of the judgment and decree attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43, as amended to ensure consistency with this Act; and ####

(6)the Secretary has executed the Hualapai Tribe water delivery contract described in section 13(c). ###

(b)Repeal on Failure To Meet Enforceability Date ####

(1)In general Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection

(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State— #####

(A)this Act is repealed; #####

(B)any action taken by the Secretary and any contract or agreement entered into pursuant to this Act shall be void; and #####

(C)any amounts appropriated under section 7, together with any investment earnings on those amounts, less any amounts expended under section 6(a)(4)(B), shall revert immediately to the general fund of the Treasury. ####

(2)Severability Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under subsection

(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, section 11 and subsections (a), (b), (c), and

(d)of section 12 shall remain in effect. ###

(c)Right To Offset If the Secretary has not published in the Federal Register the statement of findings under subsection

(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, the United States shall be entitled to offset any Federal amounts made available under section 6(a)(4)(B) that were used or authorized for any use under that section against any claim asserted by the Hualapai Tribe against the United States described in section 9(a)(2)(A). ###

(d)Bill Williams River Phase 2 Enforceability Date Notwithstanding any other provision of this Act, the Bill Williams River phase 2 water rights settlement agreement (including the waivers and releases described in section 9(d) of this Act and section 5 of the Bill Williams River phase 2 water rights settlement agreement) shall take effect and become enforceable among the parties to the Bill Williams River phase 2 water rights settlement agreement on the date on which all of the following conditions have occurred: ####

(1)The Hualapai Tribe water rights settlement agreement becomes enforceable pursuant to subsection (a). ####

(2)Freeport has submitted to the Arizona Department of Water Resources a conditional withdrawal of any objection to the Bill Williams River watershed instream flow applications pursuant to section 4.4(i) of the Bill Williams River phase 2 water rights settlement agreement, which withdrawal shall take effect on the Bill Williams River Phase 2 Enforceability Date described in this subsection. ####

(3)Not later than the Enforceability Date, the Arizona Department of Water Resources has issued an appealable, conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) of the Bill Williams River phase 2 water rights settlement agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date described in this subsection. ####

(4)The conditional decision and order described in paragraph (3)— #####

(A)becomes final; and #####

(B)is not subject to any further appeal.