[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3473 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3473

 To resolve water rights claims of the White Mountain Apache Tribe in 
             the State of Arizona, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2008

    Mr. Kyl introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To resolve water rights claims of the White Mountain Apache Tribe in 
             the State of Arizona, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White Mountain Apache Tribe Water 
Rights Quantification Act of 2008''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) proceedings to determine the nature and extent of the 
        water rights of the White Mountain Apache Tribe, members of the 
        Tribe, the United States, and other claimants are pending in--
                    (A) the consolidated civil action in the Superior 
                Court of the State of Arizona for the County of 
                Maricopa styled 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); and
                    (B) the civil action pending in the Superior Court 
                of the State of Arizona for the County of Apache styled 
                In re the General Adjudication of All Rights to Use 
                Water in the Little Colorado River System and Source 
                and numbered CIV-6417;
            (2) a final resolution of those proceedings might--
                    (A) take many years;
                    (B) entail great expense;
                    (C) prolong uncertainty concerning the availability 
                of water supplies; and
                    (D) seriously impair the long-term economic well-
                being of all parties to the proceedings;
            (3) the Tribe, non-Indian communities located near the 
        reservation of the Tribe, and other Arizona water users have 
        agreed--
                    (A) to permanently quantify the water rights of the 
                Tribe, members of the Tribe, and the United States in 
                its capacity as trustee for the Tribe and members in 
                accordance with the Agreement; and
                    (B) to seek funding, in accordance with applicable 
                law, for the implementation of the Agreement;
            (4) it is the policy of the United States to quantify, to 
        the maximum extent practicable, water rights claims of Indian 
        tribes without lengthy and costly litigation;
            (5) as of the date of enactment of this Act, the tribal 
        water rights are unquantified vested property rights held in 
        trust by the United States for the benefit of the Tribe; and
            (6) in keeping with the trust responsibility of the United 
        States to Indian tribes, and to promote tribal sovereignty and 
        economic self-sufficiency, it is appropriate that the United 
        States participate in and contribute funds for the 
        implementation of the Agreement.
    (b) Purposes.--The purposes of this Act are--
            (1) to authorize, ratify, and confirm the Agreement;
            (2) to authorize and direct the Secretary to execute the 
        Agreement and carry out all obligations of the Secretary under 
        the Agreement;
            (3) to authorize the actions and appropriations necessary 
        for the United States to meet the obligations of the United 
        States under the Agreement and this Act; and
            (4) to permanently resolve certain damage claims and all 
        water rights claims among--
                    (A) the Tribe and its members;
                    (B) the United States in its capacity as trustee 
                for the Tribe and its members;
                    (C) the parties to the Agreement; and
                    (D) all other claimants in the proceedings referred 
                to in subsection (a)(1).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The ``Agreement'' means--
                    (A) the WMAT Water Rights Quantification Agreement 
                dated _____; and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to that agreement that are--
                            (i) made in accordance with this Act; or
                            (ii) otherwise approved by the Secretary.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) CAP.--The term ``CAP'' 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. 1521 et seq.).
            (4) CAP contractor.--The term ``CAP contractor'' means an 
        individual or entity that has entered into a long-term contract 
        (as that term is used in the repayment stipulation) with the 
        United States for delivery of water through the CAP system.
            (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' has the meaning given the term in the repayment 
        stipulation.
            (6) CAP m&i priority water.--The term ``CAP M&I priority 
        water'' means the CAP water having a municipal and industrial 
        delivery priority under the repayment contract.
            (7) CAP subcontractor.--The term ``CAP subcontractor'' 
        means an individual or entity that has entered into a long-term 
        subcontract (as that term is used in the repayment stipulation) 
        with the United States and the District for the delivery of 
        water through the CAP system.
            (8) 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 works of a 
                feature described in any of subparagraphs (A) through 
                (D); and
                    (F) any extension of, addition to, or replacement 
                for a feature described in any of subparagraphs (A) 
                through (E).
            (9) CAP water.--The term ``CAP water'' means ``Project 
        Water'' (as that term is defined in the repayment stipulation).
            (10) Contract.--The term ``Contract'' means--
                    (A) the contract between the Tribe and the United 
                States attached as exhibit 7.1 to the Agreement and 
                numbered 08-XX-30-W0529 and dated ____; and
                    (B) any amendments to that contract.
            (11) District.--The term ``District'' means the Central 
        Arizona Water Conservation District, a political subdivision of 
        the State that is the contractor under the repayment contract.
            (12) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 12(c)(1).
            (13) Injury to water rights.--
                    (A) In general.--The term ``injury to water 
                rights'' means an interference with, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                    (B) Inclusions.--The term ``injury to water 
                rights'' includes--
                            (i) a change in the groundwater table; and
                            (ii) any effect of such a change.
                    (C) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
            (14) Off-reservation trust land.--The term ``off-
        reservation trust land'' means land--
                    (A) located outside the exterior boundaries of the 
                reservation that is held in trust by the United States 
                for the benefit of the Tribe as of the enforceability 
                date; and
                    (B) depicted on the map attached to the Agreement 
                as exhibit 2.57.
            (15) Operating agency.--The term ``Operating Agency'' means 
        the 1 or more entities authorized to assume responsibility for 
        the care, operation, maintenance, and replacement of the CAP 
        system.
            (16) Repayment contract.--The term ``repayment contract'' 
        means--
                    (A) the contract between the United States and the 
                District for delivery of water and repayment of the 
                costs of the CAP, numbered 14-06-W-245 (Amendment No. 
                1), and dated December 1, 1988; and
                    (B) any amendment to, or revision of, that 
                contract.
            (17) Repayment stipulation.--The term ``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 styled Central Arizona Water Conservation District v. 
        United States, et al., and numbered CIV 95-625-TUC-WDB (EHC) 
        and CIV 95-1720-PHX-EHC.
            (18) Reservation.--
                    (A) In general.--The term ``reservation'' means the 
                land within the exterior boundary of the White Mountain 
                Indian Reservation established by the Executive order 
                dated November 9, 1871, as modified by subsequent 
                Executive orders and Acts of Congress--
                            (i) known on the date of enactment of this 
                        Act as the ``Fort Apache Reservation'' pursuant 
                        to the Act of June 7, 1897 (30 Stat. 62, 
                        chapter 3); and
                            (ii) generally depicted on the map attached 
                        to the Agreement as exhibit 2.81.
                    (B) No effect on dispute or as admission.--The 
                depiction of the reservation described in subparagraph 
                (A)(ii) shall not--
                            (i) be used to affect any dispute between 
                        the Tribe and the United States concerning the 
                        legal boundary of the reservation; and
                            (ii) constitute an admission by the Tribe 
                        with regard to any dispute between the Tribe 
                        and the United States concerning the legal 
                        boundary of the reservation.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (20) State.--The term ``State'' means the State of Arizona.
            (21) Tribal cap water.--The term ``tribal CAP water'' means 
        the CAP water to which the Tribe is entitled pursuant to the 
        Contract.
            (22) Tribal water rights.--The term ``tribal water rights'' 
        means the water rights of the Tribe described in paragraph 4.0 
        of the Agreement.
            (23) Tribe.--The term ``Tribe'' means the White Mountain 
        Apache Tribe organized under section 16 of the Act of June 18, 
        1934 (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 476).
            (24) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
            (25) WMAT rural water system.--The term ``WMAT rural water 
        system'' means the municipal, rural, and industrial water 
        diversion, storage, and delivery system described in section 7.
            (26) Year.--The term ``year'' means a calendar year.

SEC. 4. APPROVAL OF AGREEMENT.

    (a) Approval.--
            (1) In general.--Except to the extent that any provision of 
        the Agreement conflicts with a provision of this Act, the 
        Agreement is authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Agreement is 
        authorized, ratified, and confirmed, to the extent that such an 
        amendment is executed to ensure the Agreement is consistent 
        with this Act.
    (b) Execution of Agreement.--To the extent that the Agreement does 
not conflict with this Act, the Secretary shall--
            (1) execute the Agreement (including signing any exhibit to 
        the Agreement requiring the signature of the Secretary); and
            (2) execute any amendment to the Agreement necessary to 
        ensure the Agreement is consistent with this Act.
    (c) National Environmental Policy Act.--
            (1) Environmental compliance.--In implementing the 
        Agreement, the Secretary shall promptly comply with all 
        applicable requirements of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (C) all other applicable environmental laws; and
                    (D) all regulations promulgated under the laws 
                described in subparagraphs (A) through (C).
            (2) Execution of agreement.--
                    (A) In general.--Execution of the Agreement by the 
                Secretary under this section shall not constitute a 
                major Federal action under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Environmental compliance.--The Secretary shall 
                carry out all necessary environmental compliance 
                required by Federal law in implementing the Agreement.
            (3) Lead agency.--The Bureau shall serve as the lead agency 
        with respect to ensuring environmental compliance associated 
        with the WMAT rural water system.

SEC. 5. WATER RIGHTS.

    (a) Rights Held in Trust.--The tribal water rights shall be held in 
trust by the United States on behalf of Tribe.
    (b) Reallocation.--
            (1) In general.--In accordance with this Act and the 
        Agreement, the Secretary shall reallocate to the Tribe, and 
        offer to enter into a contract with the Tribe for the delivery 
        in accordance with this section of--
                    (A) an annual entitlement to 23,782 acre-feet per 
                year of CAP water that has a non-Indian agricultural 
                delivery priority (as defined in the Contract) in 
                accordance with section 104(a)(1)(A)(iii) of the 
                Arizona Water Settlements Act (Public Law 108-451; 118 
                Stat. 3488), of which--
                            (i) 3,750 acre-feet per year shall be 
                        firmed by the United States for the benefit of 
                        the Tribe for the 100-year period beginning on 
                        January 1, 2008, with priority equivalent to 
                        CAP M&I priority water, in accordance with 
                        section 105(b)(1)(B) of that Act (118 Stat. 
                        3492); and
                            (ii) 3,750 acre-feet per year shall be 
                        firmed by the State for the benefit of the 
                        Tribe for the 100-year period beginning on 
                        January 1, 2008, with priority equivalent to 
                        CAP M&I priority water, in accordance with 
                        section 105(b)(2)(B) of that Act (118 Stat. 
                        3492); and
                    (B) an annual entitlement to 1,218 acre-feet per 
                year of the water--
                            (i) acquired by the Secretary through the 
                        permanent relinquishment of the Harquahala 
                        Valley Irrigation District CAP subcontract 
                        entitlement in accordance with the contract 
                        numbered 3-07-30-W0290 among the District, 
                        Harquahala Valley Irrigation District, and the 
                        United States; and
                            (ii) converted to CAP Indian Priority water 
                        (as defined in the Contract) pursuant to the 
                        Fort McDowell Indian Community Water Rights 
                        Settlement Act of 1990 (Public Law 101-628; 104 
                        Stat. 4480).
            (2) Authority of tribe.--Subject to approval by the 
        Secretary under section 6(a)(1), the Tribe shall have the sole 
        authority to lease, distribute, exchange, or allocate the 
        tribal CAP water described in paragraph (1).
    (c) Water Service Capital Charges.--The Tribe shall not be 
responsible for any water service capital charge for tribal CAP water.
    (d) Allocation and Repayment.--For the purpose of determining the 
allocation and repayment of costs of any stages of the CAP constructed 
after November 21, 2007, the costs associated with the delivery of 
water described in subsection (b), regardless of whether the water is 
delivered for use by the Tribe or in accordance with any assignment, 
exchange, lease, option to lease, or other agreement for the temporary 
disposition of water entered into by Tribe, shall be--
            (1) nonreimbursable; and
            (2) excluded from the repayment obligation of the District.
    (e) Water Code.--Not later than 18 months after the enforceability 
date, the Tribe shall enact a water code that--
            (1) governs the tribal water rights; and
            (2) includes, at a minimum--
                    (A) provisions requiring the measurement, 
                calculation, and recording of all diversions and 
                depletions of water on the reservation and on off-
                reservation trust land;
                    (B) terms of a water conservation plan, including 
                objectives, conservation measures, and an 
                implementation timeline;
                    (C) provisions requiring the approval of the Tribe 
                for the severance and transfer of rights to the use of 
                water from historically irrigated land identified in 
                paragraph 11.3.2.1 of the Agreement to diversions and 
                depletions on other non-historically irrigated land not 
                located on the watershed of the same water source; and
                    (D) provisions requiring the authorization of the 
                Tribe for all diversions of water on the reservation 
                and on off-reservation trust land by any individual or 
                entity other than the Tribe.

SEC. 6. CONTRACT.

    (a)  In General.--The Secretary shall enter into the Contract, in 
accordance with the Agreement, to provide, among other things, that--
            (1) the Tribe, on approval of the Secretary, may--
                    (A) enter into contracts or options to lease or 
                exchange tribal CAP water in Maricopa, Pinal, and Pima 
                Counties in the State providing for the temporary 
                delivery to any individual or entity of any portion of 
                the tribal CAP water, subject to the condition that--
                            (i) the term of the contract or option to 
                        lease shall not be longer than 100 years;
                            (ii) the contracts or options to exchange 
                        shall be for the term provided in the contract 
                        or option; and
                            (iii) a lease or option to lease providing 
                        for the temporary delivery of tribal CAP water 
                        shall require the lessee to pay to the 
                        Operating Agency all CAP fixed OM&R charges and 
                        all CAP pumping energy charges (as defined in 
                        the repayment stipulation) associated with the 
                        leased water; and
                    (B) renegotiate any lease at any time during the 
                term of the lease, subject to the condition that the 
                term of the renegotiated lease shall not exceed 100 
                years;
            (2) no portion of the tribal CAP water may be permanently 
        alienated;
            (3)(A) the Tribe (and not the United States in any 
        capacity) shall be entitled to all consideration due to the 
        Tribe under any contract or option to lease or exchange tribal 
        CAP water entered into by the Tribe; and
            (B) the United States (in any capacity) has no trust or 
        other obligation to monitor, administer, or account for, in any 
        manner--
                    (i) any funds received by the Tribe as 
                consideration under a contract or option to lease or 
                exchange tribal CAP water; or
                    (ii) the expenditure of those funds;
            (4)(A) all tribal CAP water shall be delivered through the 
        CAP system; and
            (B) if the delivery capacity of the CAP system is 
        significantly reduced or anticipated to be significantly 
        reduced for an extended period of time, the Tribe shall have 
        the same CAP delivery rights as a CAP contractor or CAP 
        subcontractor that is allowed to take delivery of water other 
        than through the CAP system;
            (5) the Tribe may use tribal CAP water on or off the 
        reservation for any purpose;
            (6) as authorized by subsection (f)(2)(A) of section 403 of 
        the Colorado River Basin Project Act (43 U.S.C. 1543) and to 
        the extent that funds are available in the Lower Colorado River 
        Basin Development Fund established by subsection (a) of that 
        section, the United States shall pay to the Operating Agency 
        the CAP fixed OM&R charges associated with the delivery of 
        tribal CAP water (except in the case of tribal CAP water leased 
        by any individual or entity);
            (7) the Secretary shall waive the right of the Secretary to 
        capture all return flow from project exchange water flowing 
        from the exterior boundary of the reservation; and
            (8) no CAP water service capital charge shall be due or 
        payable for the tribal CAP water, regardless of whether the 
        water is delivered for use by the Tribe or pursuant to a 
        contract or option to lease or exchange tribal CAP water 
        entered into by the Tribe.
    (b) Requirements.--The Contract shall be--
            (1) for permanent service (within the meaning of section 5 
        of the Boulder Canyon Project Act (43 U.S.C. 617d)); and
            (2) without limit as to term.
    (c) Ratification.--
            (1) In general.--Except to the extent that any provision of 
        the Contract conflicts with a provision of this Act, the 
        Contract is authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Contract is 
        authorized, ratified, and confirmed, to the extent that such an 
        amendment is executed to ensure the Contract is consistent with 
        this Act.
    (d) Execution of Contract.--To the extent that the Contract does 
not conflict with this Act, the Secretary shall execute the Contract.
    (e) Payment of Charges.--The Tribe, and any recipient of tribal CAP 
water through a contract or option to lease or exchange, shall not be 
obligated to pay a water service capital charge or any other charge, 
payment, or fee for CAP water, except as provided in an applicable 
lease or exchange agreement.
    (f) Prohibitions.--
            (1) Use outside state.--No tribal CAP water may be leased, 
        exchanged, forborne, or otherwise transferred by the Tribe in 
        any way for use directly or indirectly outside the State.
            (2) Use off reservation.--Except as authorized by this 
        section and paragraph 4.7 of the Agreement, no tribal water 
        rights under this Act may be sold, leased, transferred, or used 
        outside the boundaries of the reservation or off-reservation 
        trust land other than pursuant to an exchange.
            (3) Agreements with arizona water banking authority.--
        Nothing in this Act or the Agreement limits the right of the 
        Tribe to enter into an agreement with the Arizona Water Banking 
        Authority established by section 45-2421 of the Arizona Revised 
        Statutes (or any successor entity), in accordance with State 
        law.
    (g) Leases.--
            (1) In general.--To the extent the leases of tribal CAP 
        Water by the Tribe to the District and to any of the cities, 
        attached as exhibits to the Agreement, are not in conflict with 
        the provisions of this Act--
                    (A) those leases are authorized, ratified, and 
                confirmed; and
                    (B) the Secretary shall execute the leases.
            (2) Amendments.--To the extent that amendments are executed 
        to make the leases described in paragraph (1) consistent with 
        this Act, those amendments are authorized, ratified, and 
        confirmed.

SEC. 7. AUTHORIZATION OF THE RURAL WATER SYSTEM.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Bureau, shall plan, design, construct, 
operate, maintain, replace, and rehabilitate the WMAT rural water 
system as generally described in the project extension report dated 
February 2007.
    (b) Components.--The WMAT rural water system under subsection (a) 
shall consist of--
            (1) a dam and storage reservoir, pumping plant, and 
        treatment facilities located along the North Fork White River 
        near the community of Whiteriver;
            (2) pipelines extending from the water treatment plants to 
        existing water distribution systems serving the Whiteriver, 
        Carrizo, and Cibecue areas, together with other communities 
        along the pipeline;
            (3) connections to existing distribution facilities, 
        including public and private water systems in existence on the 
        date of enactment of this Act;
            (4) appurtenant buildings and access roads;
            (5) electrical power transmission and distribution 
        facilities necessary for services to rural water system 
        facilities;
            (6) all property and property rights necessary for the 
        facilities described in this subsection; and
            (7) such other project components as the Secretary 
        determines to be appropriate to meet the water supply, 
        economic, public health, and environmental needs of the 
        portions of the reservation served by the WMAT rural water 
        system, including water storage tanks, water lines, and other 
        facilities for the Tribe and the villages and towns on the 
        reservation.
    (c) Service Area.--The service area of the WMAT rural water system 
shall be as described in the Project Extension report dated February 
2007.
    (d) Construction Requirements.--The components of the WMAT rural 
water system shall be planned and constructed to a size that is 
sufficient to meet the municipal, rural, and industrial water supply 
requirements of the WMAT rural water system service area during the 
period beginning on the date of enactment of this Act and ending not 
earlier than December 31, 2040.
    (e) Title.--Title to the WMAT rural water system shall be held in 
trust by the United States in its capacity as trustee for the Tribe.
    (f) Technical Assistance.--The Secretary shall provide such 
technical assistance as is necessary to enable the Tribe to plan, 
design, construct, operate, maintain, and replace the WMAT rural water 
system, including operation and management training.
    (g) Applicability of ISDEAA.--Planning, design, construction, 
operation, maintenance, rehabilitation, and replacement of the WMAT 
rural water system on the reservation shall be subject to the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.).
    (h) Condition.--As a condition of construction of the facilities 
authorized by this section, the Tribe shall provide, at no cost to the 
Secretary, all land or interests in land, as appropriate, that the 
Secretary identifies as being necessary for those facilities.

SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL FISH HATCHERIES, AND 
              EXISTING IRRIGATION SYSTEMS.

    (a) In General.--Subject to the availability of appropriations, on 
request of the Tribe, the Secretary shall provide financial and 
technical assistance to complete the Hawley Lake, Horseshoe Lake, 
Reservation Lake, Sunrise Lake, and Big and Little Bear Lake 
reconstruction projects and facilities improvements, as generally 
described in the Bureau report entitled ``White Mountain Apache Tribe 
Recreation Planning Study--April 2003''.
    (b) Alchesay Williams Creek National Fish Hatchery Complex.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall operate, maintain, 
        rehabilitate, and upgrade the Alchesay-Williams Creek National 
        Fish Hatchery Complex on the reservation for the continued 
        general and primary benefit of the Tribe and the White Mountain 
        region.
            (2) Complex rehabilitation.--The rehabilitation of, and 
        upgrades to, the complex described in paragraph (1) shall 
        include--
                    (A) raceway construction and rehabilitation, water 
                quality improvements, a water recirculation system, 
                supplemental water treatment capability, equipment 
                acquisition, and building rehabilitation; and
                    (B) capital improvement and deferred maintenance 
                facility needs identified in the reports of the United 
                States Fish and Wildlife Service entitled ``Facilities 
                Needs Assessment'' and ``Merrick Report'' and dated 
                September 2000, as updated through 2008.
    (c) Tribe Fishery Center.--Subject to the availability of 
appropriations, the Secretary shall plan, design, construct, operate, 
maintain, rehabilitate, and replace a fish grow-out facility, to be 
known as the ``WMAT Fishery Center'', on the west side of the 
reservation for the benefit of the Tribe, consisting of--
            (1) a 10,000-square foot indoor facility;
            (2) circular fiberglass tanks;
            (3) plumbing and required equipment;
            (4) collection and conveyance water systems; and
            (5) raceways and ponds.
    (d) Sunrise Ski Park Snow-Making Infrastructure.--Subject to the 
availability of appropriations, the Secretary shall plan, design, and 
construct snow-making capacity and infrastructure for Sunrise Ski Park, 
consisting of--
            (1) enlargement of Ono Lake;
            (2) replacement of snow-making infrastructure, as 
        necessary; and
            (3) expansion of snow-making infrastructure and capacity to 
        all ski runs on Sunrise Peak, Apache Peak, and Cyclone Peak.
    (e) Existing Irrigation System Rehabilitation.--Subject to the 
availability of appropriations, the Secretary shall operate, maintain, 
rehabilitate, and upgrade the Canyon Day and other historic irrigation 
systems on the reservation for the continued general and primary 
benefit of the Tribe.
    (f) Applicability of ISDEAA.--Planning, design, construction, 
operation, maintenance, rehabilitation, replacement, and upgrade of the 
projects identified in this section shall be subject to the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.).

SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PRODUCTS IMPROVEMENTS.

    (a) Feasibility Study.--Subject to the availability of 
appropriations, on receipt of a request by the Tribe and pursuant to 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.), the Secretary shall conduct a feasibility study of 
options for--
            (1) improving the manufacture and use of timber products 
        derived from commercial forests on the reservation; and
            (2) improving forest management practices, consistent with 
        sustained yield principles for multipurpose forest uses, 
        healthy forest initiatives, and other applicable law to supply 
        raw materials for future manufacture and use.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, with concurrence of the tribal council of the 
Tribe, shall submit to Congress a report describing the results of the 
feasibility study under subsection (a), including recommendations of 
the Secretary, if any, for the improvements described in that 
subsection.
    (c) Implementation.--Subject to the availability of appropriations, 
the Secretary shall plan, design, and construct the improvements 
recommended under subsection (b).

SEC. 10. RECREATION IMPOUNDMENTS AND RELATED FACILITIES.

    Subject to the availability of appropriations, on receipt of a 
request by the Tribe and pursuant to the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall--
            (1) conduct a feasibility study of recreation impoundments 
        throughout the reservation;
            (2) develop recommendations for the implementation, by not 
        later than 1 year after the date of enactment of this Act, of 
        feasible recreation impoundments; and
            (3) plan, design, and construct any recommended recreation 
        impoundments and related recreation facilities.

SEC. 11. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits realized by the Tribe and its members 
under this Act shall be in full satisfaction of all claims of the Tribe 
and its members for water rights and injury to water rights, except as 
set forth in the Agreement, under Federal, State, or other law with 
respect to the reservation and off-reservation trust land.
    (b) Uses of Water.--All uses of water on lands outside of the 
reservation, if and when such lands are subsequently and finally 
determined to be part of the reservation through resolution of any 
dispute between the Tribe and the United States over the location of 
the reservation boundary, and any fee lands within the reservation put 
into trust and made part of the reservation, shall be subject to the 
maximum annual diversion amounts and the maximum annual depletion 
amounts specified in the Agreement.
    (c) No Recognition of Water Rights.--Notwithstanding subsection 
(a), nothing in this Act has the effect of recognizing or establishing 
any right of a member of the Tribe to water on the reservation.

SEC. 12. WAIVER AND RELEASE OF CLAIMS.

    (a) In General.---
            (1) Claims against the state and others.---Except as 
        provided in subparagraph 12.6 of the Agreement, the Tribe, on 
        behalf of itself and its members, and the United States, acting 
        in its capacity of trustee for the Tribe and its members as 
        part of the performance of their obligations under the 
        Agreement, are authorized to execute a waiver and release of 
        any claims against the State (or any agency or political 
        subdivision of the State), or any other person, entity, 
        corporation, or municipal corporation under Federal, State, or 
        other law for all--
                    (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                    (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever, that are based upon aboriginal occupancy of 
                land by the Tribe, its members, or their predecessors;
                    (B)(i) past and present claims for injury to water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial through the 
                enforceability date;
                    (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever, that are based upon aboriginal 
                occupancy of land by the Tribe and its members, or 
                their predecessors; and
                    (iii) claims for injury to water rights arising 
                after the enforceability date for the reservation and 
                off-reservation trust land resulting from off-
                reservation diversion or use of water in a manner not 
                in violation of the Agreement or State law; and
                    (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation or 
                execution of the Agreement or the negotiation or 
                enactment of this Act.
            (2) Claims against tribe.--Except as provided in 
        subparagraph 12.8 of the Agreement, the United States, in all 
        its capacities (except as trustee for an Indian tribe other 
        than the Tribe), as part of the performance of its obligations 
        under the Agreement, is authorized to execute a waiver and 
        release of any and all claims against the Tribe, its members, 
        or any agency, official, or employee of the Tribe, under 
        Federal, State, or any other law for all--
                    (A) past and present claims for injury to water 
                rights resulting from the diversion or use of water on 
                the reservation and on off-reservation trust land 
                arising from time immemorial through the enforceability 
                date;
                    (B) claims for injury to water rights arising after 
                the enforceability date resulting from the diversion or 
                use of water on the reservation and on off-reservation 
                trust land in a manner not in violation of the 
                Agreement; and
                    (C) past, present, and future claims arising out of 
                or related in any manner to the negotiation or 
                execution of the Agreement or the negotiation or 
                enactment of this Act.
            (3) Claims against the united states.--Except as provided 
        in subparagraph 12.7 of the Agreement, the Tribe, on behalf of 
        itself and its members, as part of the performance of its 
        obligations under the Agreement, is authorized to execute a 
        waiver and release of any claim against the United States, 
        including agencies, officials, or employees thereof (except in 
        the United States capacity as trustee for other tribes), under 
        Federal, State, or other law for any and all--
                    (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                    (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever, that are based on aboriginal occupancy of land 
                by the Tribe and its members, or their predecessors;
                    (B)(i) past and present claims relating in any 
                manner to damages, losses, or injuries to water, water 
                rights, land, or other resources due to loss of water 
                or water rights (including but not limited to damages, 
                losses or injuries to hunting, fishing, gathering, or 
                cultural rights due to loss of water or water rights; 
                claims relating to interference with, diversion or 
                taking of water; or claims relating to failure to 
                protect, acquire, or develop water, water rights or 
                water infrastructure) within the reservation and off-
                reservation trust land that first accrued at any time 
                prior to the enforceability date;
                    (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever, that are based on aboriginal 
                occupancy of land by the Tribe and its members, or 
                their predecessors; and
                    (iii) claims for injury to water rights arising 
                after the enforceability date for the reservation and 
                off-reservation trust land resulting from the off-
                reservation diversion or use of water in a manner not 
                in violation of the Agreement or applicable law;
                    (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation or 
                execution of the Agreement or the negotiation or 
                enactment of this Act;
                    (D) past and present claims relating in any manner 
                to the litigation of claims relating to the Tribe's 
                water rights for the reservation and off-reservation 
                trust land that first accrued at any time prior to the 
                enforceability date;
                    (E) past and present claims relating to the failure 
                to maintain existing irrigation systems on the 
                reservation constructed prior to the enforceability 
                date that first accrued at any time prior to the 
                enforceability date, which waiver shall only become 
                effective upon the full appropriation and payment of 
                such funds authorized by section 16(c)(4) to the Tribe;
                    (F) future claims relating to operation, 
                maintenance, and replacement of the WMAT rural water 
                system, which waiver shall only become effective upon 
                the full appropriation of funds authorized by section 
                16(b) and their deposit into the Rural Water System 
                OM&R Fund; and
                    (G) past, present, and future breach of trust and 
                negligence claims for damage to the natural resources 
                of the Tribe caused by riparian and other vegetative 
                manipulation, including over-cutting of forest 
                resources by the United States for the purpose of 
                increasing water runoff from the reservation.
            (4) No waiver of claims.--Nothing in this subsection waives 
        any claim of the Tribe against the United States for future 
        takings by the United States of reservation land or off-
        reservation trust land or property rights appurtenant to those 
        lands, including any water rights set forth in paragraph 4.0 of 
        the Agreement.
    (b) Effectiveness of Waiver and Releases.--Except where otherwise 
specifically provided in subparagraphs (E) and (F) of subsection 
(a)(3), the waivers and releases under subsection (a) shall become 
effective on the enforceability date.
    (c) Enforceability Date.--
            (1) In general.--This section takes effect on the date on 
        which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A) to the extent the Agreement conflicts with this 
                Act, the Agreement has been revised through an 
                amendment to eliminate the conflict and the Agreement, 
                so revised, has been executed by the Secretary, the 
                Tribe and the Governor of the State;
                    (B) the Secretary has fulfilled the requirements of 
                sections 5 and 6;
                    (C) the funds authorized in section 13 and 16(a) 
                have been appropriated and deposited in the Rural Water 
                Construction Fund;
                    (D) the State funds described in subparagraph 13.3 
                of the Agreement have been deposited in the Rural Water 
                Construction Fund;
                    (E) the Secretary has issued a record of decision 
                approving the construction of the WMAT rural water 
                system in a configuration substantially similar to that 
                described in section 7; and
                    (F) the judgments and decrees substantially in the 
                form of those attached to the Agreement as exhibits 
                12.9.6.1 and 12.9.6.2 have been approved by the 
                respective trial courts.
            (2) Failure of enforceability date to occur.--If, because 
        of the failure of the enforceability date to occur by October 
        31, 2013, this section does not become effective, the Tribe and 
        its members, and the United States, acting in the capacity of 
        trustee for the Tribe and its members, shall retain the right 
        to assert past, present, and future water rights claims and 
        claims for injury to water rights for the reservation and off-
        reservation trust land.
            (3) No rights to water.--Other than the tribal water 
        rights, upon the occurrence of the enforceability date, all 
        land held by the United States in trust for the Tribe and its 
        members shall have no rights to water other than those 
        specifically quantified for the Tribe and the United States, 
        acting in the capacity of trustee for the Tribe and its members 
        for the reservation and off-reservation trust land pursuant to 
        paragraph 4.0 of the Agreement.
    (d) United States Enforcement Authority.--Nothing in this Act or 
the Agreement affects any right of the United States to take any 
action, including environmental actions, under any laws (including 
regulations and the common law) relating to human health, safety, or 
the environment.

SEC. 13. LOAN TO TRIBE.

    (a) In General.--Subject to the availability of appropriations, not 
later than 90 days after the date on which appropriations are made 
available to carry out this section, the Secretary shall provide to the 
Tribe a loan in an amount of $90,200,000 for the construction of the 
WMAT rural water system.
    (b) Terms and Conditions.--
            (1) Interest; term.--The loan provided under subsection (a) 
        shall--
                    (A) bear interest at a rate of 0 percent; and
                    (B) be repaid over a term of 13 years.
            (2) Funds for repayment.--
                    (A) In general.--For each of fiscal years 2014 
                through 2025, in lieu of direct repayment by the Tribe 
                of the loan provided under subsection (a), the amount 
                described in subparagraph (B) shall be credited toward 
                repayment of the loan.
                    (B) Description of amount.--The amount referred to 
                in subparagraph (A) is an amount in the Lower Colorado 
                River Basin Development Fund under section 
                403(f)(2)(D)(vi) of the Colorado River Basin Project 
                Act (43 U.S.C. 1543(f)(2)(D)(vi)) equal to--
                            (i) for fiscal year 2014, $6,200,000;
                            (ii) for each of fiscal years 2015 through 
                        2024, $8,000,000; and
                            (iii) for fiscal year 2025, $4,000,000.
            (3) Repayment of loan for the planning, engineering, and 
        design of the wmat rural water system.--
                    (A) In general.--For each of fiscal years 2013 and 
                2014, in lieu of direct repayment by the Tribe of the 
                loan authorized in Public Law ___, the amount described 
                in subparagraph (B) shall be credited toward repayment 
                of the loan.
                    (B) Description of amount.--The amount referred to 
                in subparagraph (A) is a portion of the funds in the 
                Lower Colorado River Basin Development Fund pursuant to 
                section 403(f)(2)(D)(vi) of the Colorado River Basin 
                Project Act (43 U.S.C. 1543(f)(2)(D)(vi)) equal to--
                            (i) for fiscal year 2013, $8,000,000; and
                            (ii) for fiscal year 2014, $1,800,000.
                    (C) Treatment.--Each credit under this paragraph 
                shall be considered to be funds used in furtherance of 
                the Agreement.

SEC. 14. TRUST FUNDS.

    (a) Establishment.--There is established in the Treasury of the 
United States--
            (1) a fund to be known as the ``Rural Water System 
        Construction Fund'', consisting of--
                    (A) the funds made available under section 13;
                    (B) the amounts appropriated to the fund pursuant 
                to section 16(a); and
                    (C) the funds provided in subparagraph 13.3 of the 
                Agreement; and
            (2) a fund to be known as the ``Rural Water System OM&R 
        Fund'', consisting of amounts appropriated to the fund pursuant 
        to section 16(b).
    (b) Management.--The Secretary shall manage the Rural Water System 
Construction Fund and the Rural Water System OM&R Fund, including by--
            (1) making investments from the funds; and
            (2) distributing amounts from the funds to the Tribe, in 
        accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
    (c) Investment of Funds.--The Secretary shall invest amounts in the 
funds in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (3) subsection (b);
            (4) the obligations of Federal corporations and Federal 
        Government-sponsored entities the charter documents of which 
        provide that the obligations of the entities are lawful 
        investments for federally managed funds, including--
                    (A) the obligations of the United States Postal 
                Service described in section 2005 of title 39, United 
                States Code;
                    (B) bonds and other obligations of the Tennessee 
                Valley Authority described in section 15d of the 
                Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-
                4);
                    (C) mortgages, obligations, and other securities of 
                the Federal Home Loan Mortgage Corporation described in 
                section 303 of the Federal Home Loan Mortgage 
                Corporation Act (12 U.S.C. 1452); and
                    (D) bonds, notes, and debentures of the Commodity 
                Credit Corporation described in section 4 of the Act of 
                March 8, 1938 (15 U.S.C. 713a-4); and
            (5) the obligations referred to in section 201 of the 
        Social Security Act (42 U.S.C. 401).
    (d) Expenditures and Withdrawals.--
            (1) Tribal management plans.--
                    (A) In general.--The Tribe may withdraw any portion 
                of the Rural Water System Construction Fund or the 
                Rural Water System OM&R Fund on approval by the 
                Secretary of a tribal management plan under the 
                American Indian Trust Fund Management Reform Act of 
                1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under that Act (25 U.S.C. 4001 et seq.), the tribal 
                management plan shall require that the Tribe shall--
                            (i) use amounts in the Rural Water System 
                        Construction Fund only for the planning, 
                        design, and construction of the rural water 
                        system, including such sums as are necessary--
                                    (I) for the Bureau to carry out 
                                oversight of the planning, design, and 
                                construction of the rural water system; 
                                and
                                    (II) to carry out all required 
                                environmental compliance activities 
                                associated with the planning, design, 
                                and construction of the rural water 
                                system; and
                            (ii) use amounts in the Rural Water System 
                        OM&R Fund only for the operation, maintenance, 
                        and replacement costs associated with the 
                        delivery of water through the rural water 
                        system.
            (2) Enforcement.--The Secretary may pursue such judicial 
        remedies and carry out such administrative actions as are 
        necessary to enforce the tribal management plan to ensure that 
        amounts in the Rural Water System Construction Fund and the 
        Rural Water System OM&R Fund are used in accordance with this 
        section.
            (3) Liability.--On withdrawal by the Tribe of amounts in 
        the Rural Water System Construction Fund or the Rural Water 
        System OM&R Fund, the Secretary and the Secretary of the 
        Treasury shall not retain liability for the expenditure or 
        investment of those amounts.
            (4) Expenditure plan.--
                    (A) In general.--The Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the funds under this section 
                that the Tribe does not withdraw pursuant to this 
                subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, the amounts remaining in the funds will be used.
                    (C) Approval.--The Secretary shall approve an 
                expenditure plan under this paragraph if the Secretary 
                determines that the plan is--
                            (i) reasonable; and
                            (ii) consistent with this Act.
            (5) Annual reports.--The Tribe shall submit to the 
        Secretary an annual report that describes each expenditure from 
        the Rural Water System Construction Fund and the Rural Water 
        System OM&R Fund during the year covered by the report.
    (e) Prohibition on Per Capita Distributions.--No amount of the 
principal, or the interest or income accruing on the principal, of the 
Rural Water System Construction Fund or the Rural Water System OM&R 
Fund shall be distributed to any member of the Tribe on a per capita 
basis.
    (f) Funds Not Available Until Enforceability Date.--Amounts in the 
Rural Water System Construction Fund and the Rural Water System OM&R 
Fund shall not be available for expenditure or withdrawal by the Tribe 
until the enforceability date.

SEC. 15. MISCELLANEOUS PROVISIONS.

    (a) Limited Waiver of Sovereign Immunity.--
            (1) In general.--In the case of a civil action described in 
        paragraph (2)--
                    (A) the United States or the Tribe, or both, may be 
                joined in the civil action; and
                    (B) any claim by the United States or the Tribe to 
                sovereign immunity from the civil action is waived for 
                the sole purpose of resolving any issue regarding the 
                interpretation or enforcement of this Act or the 
                Agreement.
            (2) Description of civil action.--A civil action referred 
        to in paragraph (1) is a civil action filed--
                    (A) by any party to the Agreement or signatory to 
                an exhibit to the Agreement in a United States or State 
                court that--
                            (i) relates solely and directly to the 
                        interpretation or enforcement of this Act or 
                        the Agreement; and
                            (ii) names as a party the United States or 
                        the Tribe; or
                    (B) by a landowner or water user in the Gila River 
                basin or Little Colorado River basin in the State 
                that--
                            (i) relates solely and directly to the 
                        interpretation or enforcement of paragraph 12.0 
                        of the Agreement; and
                            (ii) names as a party the United States or 
                        the Tribe.
    (b) Effect of Act.--Nothing in this Act quantifies or otherwise 
affects any water right or claim or entitlement to water of any Indian 
tribe, band, or community other than the Tribe.
    (c) Limitation on Liability of United States.--
            (1) In general.--The United States shall have no trust or 
        other obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any amount paid to the Tribe by any party to 
                the Agreement other than the United States; or
                    (B) to review or approve the expenditure of those 
                funds.
            (2) Indemnification.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        any claim (including claims for takings or breach of trust) 
        arising out of the receipt or expenditure of funds described in 
        paragraph (1)(A).
    (d) Applicability of Reclamation Reform Act.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision under Federal law shall not 
apply to any individual, entity, or land solely on the basis of--
            (1) receipt of any benefit under this Act;
            (2) the execution of this Act; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (e) Treatment of Tribal Water Rights.--The tribal water rights--
            (1) shall be held in trust by the United States in 
        perpetuity; and
            (2) shall not be subject to forfeiture or abandonment.
    (f) Secretarial Power Sites.--The portions of the following named 
secretarial power site reserves that are located on the reservation 
shall be transferred and restored into the name of the Tribe:
            (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 
        E.).
            (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26 
        E.; T. 3 N., R. 26 E.).
            (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
        2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 
        E.; T. 5 N., R. 19 E.).
            (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
            (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
            (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16 
        E.).
    (g) No Effect on Future Allocations.--Water received under a lease 
or exchange of tribal CAP water under this Act shall not affect any 
future allocation or reallocation of CAP water by the Secretary.
    (h) After-Acquired Trust Lands.--
            (1) Requirement of act of congress.--
                    (A) Legal title.--After the enforceability date, if 
                the Tribe seeks to have legal title to additional land 
                in the State of Arizona located outside the exterior 
                boundaries of the reservation taken into trust by the 
                United States for its benefit, the Tribe may do so only 
                pursuant to an Act of Congress specifically authorizing 
                the transfer for the benefit of the Tribe.
                    (B) Exceptions.--Subparagraph (A) shall not apply 
                to--
                            (i) restoration of land to the reservation 
                        subsequently and finally determined to be part 
                        of the reservation through resolution of any 
                        dispute between the Tribe and the United States 
                        over the location of the reservation boundary 
                        unless required by Federal law; or
                            (ii) off-reservation trust land acquired 
                        prior to January 1, 2008.
            (2) Water rights.--
                    (A) In general.--Under this section, after-acquired 
                trust land outside the reservation shall not include 
                federally reserved rights to surface water or 
                groundwater.
                    (B) Restored land.--Land restored to the 
                reservation as the result of resolution of any 
                reservation boundary dispute between the Tribe and the 
                United States, or any fee simple land within the 
                reservation that are placed into trust, shall have 
                water rights pursuant to section 11(b).
            (3) Acceptance of land in trust status.--
                    (A) In general.--If the Tribe acquires legal fee 
                title to land that is located within the exterior 
                boundaries of the reservation, the Secretary shall 
                accept the land in trust status for the benefit of the 
                Tribe in accordance with applicable Federal law 
                (including regulations) for such real estate 
                acquisitions.
                    (B) Reservation status.--Land taken or held in 
                trust by the Secretary under paragraph (3), or restored 
                to the reservation as a result of resolution of a 
                boundary dispute between the Tribe and the United 
                States, shall be deemed to be part of the reservation.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) Rural Water System.--
            (1) Planning, engineering, design, and construction.--
                    (A) In general.--There is authorized to be 
                appropriated for the planning, engineering, design, and 
                construction of the WMAT rural water system 
                $126,193,000, as adjusted in accordance with 
                subparagraph (B), less--
                            (i) the amount of any loans authorized 
                        under section 13; and
                            (ii) the funds to be provided under 
                        subparagraph 13.3 of the Agreement.
                    (B) Adjustments and inclusions.--The amount 
                authorized to be appropriated under subparagraph (A) 
                shall--
                            (i) be adjusted as may be required due to 
                        changes in construction costs of the rural 
                        water system, as indicated by engineering cost 
                        indices applicable to the types of planning, 
                        engineering, design, and construction occurring 
                        after October 1, 2007; and
                            (ii) include such sums as are necessary for 
                        the Bureau to carry out oversight of activities 
                        for planning, design, and construction of the 
                        rural water system.
            (2) Environmental compliance.--There are authorized to be 
        appropriated to the Secretary such sums as are necessary to 
        carry out all required Federal environmental compliance 
        activities associated with the planning, engineering, design, 
        and construction of the rural water system.
    (b) Rural Water System OM&R.--There is authorized to be 
appropriated $50,000,000 for the operation, maintenance, and 
replacement costs of the rural water system.
    (c) Rehabilitation of Recreation Facilities, National Fish 
Hatcheries, and Existing Irrigation Systems.--There are authorized to 
be appropriated, for use in accordance with section 8--
            (1) $23,675,000 to complete the Hawley Lake, Horseshoe 
        Lake, Reservation Lake, Sunrise Lake, and Big and Little Bear 
        Lake reconstruction projects and facilities improvements;
            (2) $7,472,000 to the United States Fish and Wildlife 
        Service for the rehabilitation and improvement of the Alchesay-
        Williams Creek National Fish Hatchery Complex;
            (3) $5,000,000 to the Bureau of Indian Affairs for the 
        planning, design, and construction of the WMAT Fishery Center; 
        and
            (4) for the rehabilitation of existing irrigation systems--
                    (A) $950,000 for the Canyon Day irrigation system; 
                and
                    (B) $4,000,000 for the Historic irrigation system.
    (d) Feasibility Study of Needed Forest Products Improvements.--
There are authorized to be appropriated--
            (1) to the Bureau of Indian Affairs $1,000,000 to conduct a 
        feasibility study of the rehabilitation and improvement of 
        forest products manufacturing and forest management on the 
        reservation in accordance with section 9; and
            (2) $24,000,000 to implement the recommendations developed 
        under the study.
    (e) Sunrise Ski Park Snow-Making Infrastructure.--There is 
authorized to be appropriated $25,000,000 for the planning, design, and 
construction of snow-making infrastructure, repairs, and expansion at 
Sunrise Ski Park in accordance with section 8.
    (f) Recreation Impoundments and Related Facilities.--There is 
authorized to be appropriated $25,000,000 to carry out section 10.
    (g) Environmental Compliance.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
all required environmental compliance activities associated with the 
Agreement and this Act.
    (h) Cost Indexing.--The amounts authorized to be appropriated under 
this section shall be adjusted as appropriate, based on ordinary 
fluctuations in engineering cost indices applicable for the relevant 
types of construction, if any, during the period beginning on October 
1, 2007, and ending on the date on which the amounts are made 
available.
    (i) Emergency Fund for Indian Safety and Health.--Effective 
beginning on January 1, 2010, if the Secretary determines that, on an 
annual basis, the deadline described in section 12(c)(2) is not likely 
to be met because the funds authorized in sections 13 and 16(a) have 
not been appropriated and deposited in the Rural Water System 
Construction Fund, not more than $50,000,000 of the amounts in the 
Emergency Fund for Indian Safety and Health established by section 
601(a) of the Tom Lantos and Henry J. Hyde United States Global 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization 
Act of 2008 (22 U.S.C. 7601 et seq.) shall be transferred to the Rural 
Water System Construction Fund.

SEC. 17. ANTIDEFICIENCY.

    The United States shall not be liable for failure to carry out any 
obligation or activity authorized to be carried out, subject to 
appropriations, under this Act (including any such obligation or 
activity under the Agreement) if adequate appropriations for that 
purpose are not provided by Congress.

SEC. 18. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary fails to publish in the Federal Register a 
statement of findings as required under section 12(c) by not later than 
October 31, 2013--
            (1) effective beginning on November 1, 2013--
                    (A) this Act is repealed; and
                    (B) any action carried out by the Secretary, and 
                any contract entered into, pursuant to this Act shall 
                be void;
            (2) any amounts appropriated under sections 13 and 
        subsections (a) and (b) of section 16, together with any 
        interest accrued on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (3) any amounts paid by the State in accordance with the 
        Agreement, together with any interest accrued on those amounts, 
        shall immediately be returned to the State.
                                 <all>