[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1065 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 1065

_______________________________________________________________________

                                 AN ACT


 
 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 2010''.

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; and
                    (C) prolong uncertainty concerning the availability 
                of water supplies;
            (3) the Tribe, non-Indian communities located near the 
        reservation of the Tribe, and other Arizona water users have 
        entered into the WMAT Water Rights Quantification Agreement--
                    (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 and 
        settle Indian water rights claims, and to promote Indian self-
        determination and economic self-sufficiency, without lengthy 
        and costly litigation, if practicable;
            (5) certainty concerning the extent of the water rights of 
        the Tribe will--
                    (A) provide opportunities for economic development 
                of all parties to the proceeding; and
                    (B) assist the Tribe to achieve self-determination 
                and self-sufficiency; 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 implement 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 January 13, 2009; 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 proposed contract between the Tribe and the 
                United States attached as exhibit 7.1 to the Agreement 
                and numbered 08-XX-30-W0529; 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 9(d)(1).
            (13) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (14) 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.
            (15) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
            (16) 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.
            (17) 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.
            (18) 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.
            (19) 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.
            (20) 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.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) State.--The term ``State'' means the State of Arizona.
            (23) Tribal cap water.--The term ``tribal CAP water'' means 
        the CAP water to which the Tribe is entitled pursuant to the 
        Contract.
            (24) Tribal water rights.--The term ``tribal water rights'' 
        means the water rights of the Tribe described in paragraph 4.0 
        of the Agreement.
            (25) 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).
            (26) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
            (27) 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.
            (28) 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 make the Agreement 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 
        make the Agreement 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 Federal 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) 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.
    (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, 
                contracts to exchange, or options to exchange tribal 
                CAP water in Maricopa, Pinal, Pima, and Yavapai 
                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 make the Contract 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 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.--
            (1) In general.--Title to the WMAT rural water system shall 
        be held in trust by the United States in its capacity as 
        trustee for the Tribe.
            (2) Conveyance to tribe.--The Secretary may convey to the 
        Tribe title to the WMAT rural water system after publication by 
        the Secretary in the Federal Register of a statement of 
        findings that--
                    (A) the designers' operating criteria, standing 
                operating procedures, emergency action plan, and first 
                filling and monitoring criteria are established and in 
                place, and the WMAT rural water system has been 
                declared substantially complete;
                    (B) the funds authorized to be appropriated under 
                section 12(b)(3)(B) have been appropriated and 
                deposited in the WMAT Maintenance Fund; and
                    (C) the Tribe has been operating successfully under 
                the established standing operating procedures for a 
                period of 5 calendar years.
            (3) Alienation and taxation.--Conveyance of title to the 
        Tribe pursuant to paragraph (2) does not waive or alter any 
        applicable Federal law prohibiting alienation or taxation of 
        the WMAT rural water system or the underlying reservation land.
    (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.--
            (1) Agreement for specific activities.--On receipt of a 
        request of the Tribe, and in accordance with the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.), the Secretary shall enter into an agreement with the 
        Tribe to carry out the activities authorized by this section.
            (2) Contracts.--Any contract entered into pursuant to the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) for the purpose of carrying out any 
        provision of this Act shall incorporate such provisions 
        regarding periodic payment of funds, timing for use of funds, 
        transparency, oversight, reporting, and accountability as the 
        Secretary determines to be necessary (at the sole discretion of 
        the Secretary) to ensure appropriate stewardship of Federal 
        funds.
    (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.
    (i) Operation and Maintenance.--Subject to the availability of 
appropriations as provided for in section 12(e), the Secretary, acting 
through the Bureau, shall operate and maintain the WMAT rural water 
system until the date on which title to the WMAT rural water system is 
conveyed to the Tribe pursuant to subsection (e)(2).

SEC. 8. 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 land outside of the 
reservation, if and when such land is 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 land 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. 9. WAIVER AND RELEASE OF CLAIMS.

    (a) In General.---
            (1) Claims against the state and others.--Except as 
        provided in subsection (b)(1), 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 on 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 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 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, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgement or decree, or this Act.
            (2) Claims against tribe.--Except as provided in subsection 
        (b)(3), 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, execution, 
                or adoption of the Agreement, an applicable settlement 
                judgement or decree, or this Act.
            (3) Claims against united states.--Except as provided in 
        subsection (b)(2), the Tribe, on behalf of itself and its 
        members, as part of the performance of the obligations of the 
        Tribe under the Agreement, is authorized to execute a waiver 
        and release of any claim against the United States, including 
        agencies, officials, or employees of the United States (except 
        in the capacity of the United States as trustee for other 
        Indian 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, 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 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, 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, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgment or decree, or this Act;
                    (D) past and present claims relating in any manner 
                to pending litigation of claims relating to the water 
                rights of the Tribe for the reservation and off-
                reservation trust land;
                    (E) past and present claims relating to the 
                operation, maintenance, and replacement of 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 on the full appropriation 
                and payment to the Tribe of $4,950,000 authorized by 
                section 12(b)(2)(B);
                    (F) future claims relating to operation, 
                maintenance, and replacement of the WMAT rural water 
                system, which waiver shall only become effective on the 
                full appropriation of funds authorized by section 
                12(b)(3)(B) and the deposit of those funds in the WMAT 
                Maintenance Fund;
                    (G) past and present breach of trust and negligence 
                claims for damage to the land and natural resources of 
                the Tribe caused by riparian and other vegetative 
                manipulation by the United States for the purpose of 
                increasing water runoff from the reservation that first 
                accrued at any time prior to the enforceability date; 
                and
                    (H) past and present claims for trespass, use, and 
                occupancy of the reservation in, on, and along the 
                Black River that first accrued at any time prior to the 
                enforceability date.
    (b) Reservation of Rights and Retention of Claims.--
            (1) Reservation of rights and retention of claims by tribe 
        and united states.--
                    (A) In general.--Notwithstanding the waiver and 
                release of claims authorized under subsection (a)(1), 
                the Tribe, on behalf of itself and the members of the 
                Tribe, and the United States, acting as trustee for the 
                Tribe and members of the Tribe, shall retain any 
                right--
                            (i) subject to subparagraph 16.9 of the 
                        Agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Tribe and members of the Tribe under the 
                        Agreement or this Act in any Federal or State 
                        court of competent jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Gila River adjudication 
                        proceedings;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Little Colorado River adjudication 
                        proceedings;
                            (iv) to object to any claims by or for any 
                        other Indian tribe, Indian community or nation, 
                        or dependent Indian community, or the United 
                        States on behalf of such a tribe, community, or 
                        nation;
                            (v) to participate in the Gila River 
                        adjudication proceedings and the Little 
                        Colorado River adjudication proceedings to the 
                        extent provided in subparagraph 14.1 of the 
                        Agreement;
                            (vi) to assert any claims arising after the 
                        enforceability date for injury to water rights 
                        not specifically waived under this section;
                            (vii) to assert any past, present, or 
                        future claim for injury to water rights against 
                        any other Indian tribe, Indian community or 
                        nation, dependent Indian community, allottee, 
                        or the United States on behalf of such a tribe, 
                        community, nation, or allottee; and
                            (viii) to assert any past, present, or 
                        future claim for trespass, use, and occupancy 
                        of the reservation in, on, or along the Black 
                        River against Freeport-McMoRan Copper & Gold, 
                        Inc., Phelps Dodge Corporation, or Phelps Dodge 
                        Morenci, Inc. (or a predecessor or successor of 
                        those entities), including all subsidiaries and 
                        affiliates of those entities.
                    (B) Agreement.--On terms acceptable to the Tribe 
                and the United States, the Tribe and the United States 
                are authorized to enter into an agreement with 
                Freeport-McMoRan Copper & Gold, Inc., Phelps Dodge 
                Corporation, or Phelps Dodge Morenci, Inc. (or a 
                predecessor or successor of those entities), including 
                all subsidiaries and affiliates of those entities, to 
                resolve the claims of the Tribe relating to the 
                trespass, use, and occupancy of the reservation in, on, 
                and along the Black River.
            (2) Reservation of rights and retention of claims by tribe 
        against united states.--Notwithstanding the waiver and release 
        of claims authorized under subsection (a)(3), the Tribe, on 
        behalf of itself and the members of the Tribe, shall retain any 
        right--
                    (A) subject to subparagraph 16.9 of the Agreement, 
                to assert claims for injuries to, and seek enforcement 
                of, the rights of the Tribe and members under the 
                Agreement or this Act, in any Federal or State court of 
                competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Gila River adjudication proceedings;
                    (C) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Little Colorado River adjudication proceedings;
                    (D) to object to any claims by or for any other 
                Indian tribe, Indian community or nation, dependent 
                Indian community, or the United States on behalf of 
                such a tribe, community, or nation;
                    (E) to assert past, present, or future claims for 
                injury to water rights or any other claims other than a 
                claim to water rights, against any other Indian tribe, 
                Indian community or nation, dependent Indian community, 
                or the United States on behalf of such a tribe, 
                community, or nation;
                    (F) to assert claims arising after the 
                enforceability date for injury to water rights 
                resulting from the drilling of wells or pumping of 
                water from land located within national forest land as 
                of the effective date of the Agreement in the south \1/
                2\ of T. 9 N., R. 24 E.; south \1/2\ of T. 9 N., R. 25 
                E.; north \1/2\ of T. 8 N., R. 24 E.; north \1/2\ of T. 
                8 N., R. 25 E., if--
                            (i) title to that land is no longer 
                        retained by the United States; or
                            (ii) water from that land is transported 
                        off the land for municipal or industrial use;
                    (G) to assert any claims arising after the 
                enforceability date for injury to water rights not 
                specifically waived under this section;
                    (H) to assert any other claims not specifically 
                waived under this section; and
                    (I) to assert any claim arising after the 
                enforceability date for a future taking by the United 
                States of reservation land, off-reservation trust land, 
                or any property rights appurtenant to that land, 
                including any water rights set forth in paragraph 4.0 
                of the Agreement.
            (3) Reservation of rights and retention of claims by united 
        states.--Notwithstanding the waiver and release of claims 
        authorized under subsection (a)(2), the United States shall 
        retain any right to assert any claim not specifically waived in 
        that subsection.
    (c) Effectiveness of Waiver and Releases.--Except as 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.
    (d) 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)(i) to the extent the Agreement conflicts with 
                this Act, the Agreement has been revised through an 
                amendment to eliminate the conflict; and
                    (ii) the Agreement, as 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 amount authorized by section 12(a) has been 
                deposited in the White Mountain Apache Tribe Water 
                Rights Settlement Subaccount;
                    (D) the State funds described in subparagraph 13.3 
                of the Agreement have been deposited in the White 
                Mountain Apache Tribe Water Rights Settlement 
                Subaccount;
                    (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 April 30, 
        2020, 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.--On 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.
    (e) 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.
    (f) No Effect on Water Rights.--Except as provided in paragraphs 
(1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) of subsection (a), 
nothing in this Act affects any rights to water of the Tribe, its 
members, or the United States acting as trustee for the Tribe and 
members, for land outside the boundaries of the reservation or the off-
reservation trust land.
    (g) Entitlements.--Any entitlement to water of the Tribe, its 
members, or the United States acting as trustee for the Tribe and 
members, relating to the reservation or off-reservation trust land 
shall be satisfied from the water resources granted, quantified, 
confirmed, or recognized with respect to the Tribe, members, and the 
United States by the Agreement and this Act.
    (h) Objection Prohibited.--Except as provided in subsection 
(b)(2)(F), the Tribe and the United States acting as trustee for the 
Tribe shall not--
            (1) object to the usage of any well located outside the 
        boundaries of the reservation or the off-reservation trust 
        land, as in existence on the enforceability date; or
            (2) object to, dispute, or challenge after the 
        enforceability date the drilling of any well or the withdrawal 
        and use of water from any well in the Little Colorado River 
        adjudication proceedings, the Gila River adjudication 
        proceedings, or any other judicial or administrative 
        proceeding.

SEC. 10. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT 
              SUBACCOUNT.

    (a) Establishment.--There is established in the Lower Colorado 
River Basin Development Fund a subaccount to be known as the ``White 
Mountain Apache Tribe Water Rights Settlement Subaccount'', consisting 
of--
            (1) the amounts made available under subsection (e);
            (2) the amounts appropriated to the subaccount pursuant to 
        subsections (a) and (d) of section 12, as applicable; and
            (3) such other amounts as are available including the funds 
        provided in subparagraph 13.3 of the Agreement.
    (b) Expenditures and Withdrawals.--
            (1) Contracts.--
                    (A) In general.--The Tribe may withdraw any portion 
                of the White Mountain Apache Tribe Water Rights 
                Settlement Subaccount on approval by the Secretary 
                pursuant to the terms of an agreement entered into 
                under section 7(g).
                    (B) Requirements.--An agreement entered into under 
                section 7(g) shall require that the Tribe shall use the 
                amounts in the White Mountain Apache Tribe Water Rights 
                Settlement Subaccount 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;
                            (ii) to repay any outstanding balance on 
                        the loan authorized by the White Mountain 
                        Apache Tribe Rural Water System Loan 
                        Authorization Act (Public Law 110-390; 122 
                        Stat. 4191); and
                            (iii) to carry out all required 
                        environmental compliance activities associated 
                        with the planning, design, and construction of 
                        the rural water system.
            (2) Enforcement.--The Secretary may pursue such judicial 
        remedies and carry out such administrative actions as are 
        necessary to enforce an agreement described in paragraph (1) to 
        ensure that amounts in the White Mountain Apache Tribe Water 
        Rights Settlement Subaccount are used in accordance with this 
        section.
            (3) Liability.--On withdrawal by the Tribe of amounts in 
        the White Mountain Apache Tribe Water Rights Settlement 
        Subaccount, 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 subaccount 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 subaccount 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 White Mountain Apache Tribe Water Rights Settlement 
        Subaccount during the year covered by the report.
    (c) Prohibition on Per Capita Distributions.--No amount of the 
principal, or the interest or income accruing on the principal, of the 
White Mountain Apache Tribe Water Rights Settlement Subaccount shall be 
distributed to any member of the Tribe on a per capita basis.
    (d) Availability of Funds.--
            (1) In general.--Amounts in the White Mountain Apache Tribe 
        Water Rights Settlement Subaccount shall not be available for 
        expenditure or withdrawal by the Tribe until the enforceability 
        date.
            (2) Investment.--The Secretary shall invest the amounts in 
        the White Mountain Apache Tribe Water Rights Settlement 
        Subaccount in accordance with section 403(f)(4) of the Colorado 
        River Basin Project Act (43 U.S.C. 1543(f)(4)).
            (3) Use of interest.--The interest accrued on amounts 
        invested under paragraph (2) shall not be available for 
        expenditure or withdrawal until the later of--
                    (A) November 1, 2019; and
                    (B) the enforceability date.
    (e) Lower Colorado River Basin Development Fund.--
            (1) In general.--Of amounts in the Lower Colorado River 
        Basin Development Fund made available under section 
        403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 
        U.S.C. 1543 (f)(2)(D)(vi)), an amount equal to the difference 
        between the balance of the White Mountain Apache Tribe 
        Settlement Subaccount (as of November 1, 2019), and the amount 
        authorized to be appropriated under section 12(a)(1), but not 
        to exceed $100,000,000, shall be deposited, without further 
        appropriation, in the White Mountain Apache Tribe Settlement 
        Subaccount.
            (2) Availability of funds.--The funds authorized to be 
        deposited in the White Mountain Apache Tribe Settlement 
        Subaccount pursuant to paragraph (1) shall not be available for 
        expenditure or withdrawal until the later of--
                    (A) November 1, 2019; and
                    (B) the enforceability date.

SEC. 11. 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 section 9 of 
                        this Act and 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 or performance of the Agreement; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (e) Secretarial Power Sites.--The portions of the following named 
secretarial power site reserves that are located on the Fort Apache 
Indian Reservation or the San Carlos Apache Reservation, as applicable, 
shall be transferred and restored into the name of the Tribe or the San 
Carlos Apache Tribe, respectively:
            (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.).
    (f) 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.
    (g) After-acquired Trust Land.--
            (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 8(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.
    (h) Conforming Amendment.--Section 3(b)(2) of the White Mountain 
Apache Tribe Rural Water System Loan Authorization Act (Public Law 110-
390; 122 Stat. 4191) is amended by striking ``January 1, 2013'' and 
inserting ``May 1, 2020''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Rural Water System.--
            (1) In general.--There is authorized to be appropriated for 
        the planning, engineering, design, environmental compliance, 
        and construction of the WMAT rural water system $126,193,000.
            (2) Inclusions.--The amount authorized to be appropriated 
        under paragraph (1) shall include such sums as are necessary, 
        but not to exceed 4 percent of construction contract costs, for 
        the Bureau to carry out oversight of activities for planning, 
        design, environmental compliance, and construction of the rural 
        water system.
    (b) WMAT Settlement and Maintenance Funds.--
            (1) Definition of funds.--In this subsection, the term 
        ``Funds'' means--
                    (A) the WMAT Settlement Fund established by 
                paragraph (2)(A); and
                    (B) the WMAT Maintenance Fund established by 
                paragraph (3)(A).
            (2) WMAT settlement fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``WMAT Settlement Fund'', consisting of such amounts as 
                are deposited in the fund under subparagraph (B), 
                together with any interest accrued on those amounts, 
                for use by the Tribe in accordance with subparagraph 
                (C).
                    (B) Transfers to fund.--There is authorized to be 
                appropriated to the Secretary $113,500,000 for deposit 
                in the WMAT Settlement Fund, of which not less than 
                $4,950,000 shall be used for the rehabilitation of 
                existing irrigation systems.
                    (C) Use of funds.--The Tribe shall use amounts in 
                the WMAT Settlement Fund for any of the following 
                purposes:
                            (i) Fish production, including hatcheries.
                            (ii) Rehabilitation of recreational lakes 
                        and existing irrigation systems.
                            (iii) Water-related economic development 
                        projects.
                            (iv) Protection, restoration, and economic 
                        development of forest and watershed health.
                            (v) Any cost overruns for the completion of 
                        the WMAT rural water system, as provided in 
                        subsection (f).
            (3) WMAT maintenance fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``WMAT Maintenance Fund'', consisting of such amounts 
                as are deposited in the fund under subparagraph (B), 
                together with any interest accrued on those amounts, 
                for use by the Tribe in accordance with subparagraph 
                (C).
                    (B) Transfers to fund.--There is authorized to be 
                appropriated to the Secretary $50,000,000 for deposit 
                in the WMAT Maintenance Fund.
                    (C) Use of funds.--The Tribe or the Secretary, as 
                applicable, shall use amounts in the WMAT Maintenance 
                Fund only for the operation, maintenance, and 
                replacement costs associated with the delivery of water 
                through the rural water system.
            (4) Administration.--The Secretary shall manage the Funds 
        in accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by 
        investing amounts in the Funds in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161); and
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a).
            (5) Availability of amounts from funds.--Amounts in the 
        Funds shall be available for expenditure or withdrawal only 
        after the enforceability date in accordance with subsection 
        (g).
            (6) Expenditure and withdrawal.--
                    (A) Tribal management plan.--
                            (i) In general.--The Tribe may withdraw all 
                        or part of amounts in the Funds on approval by 
                        the Secretary of a tribal management plan as 
                        described in the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.).
                            (ii) Requirements.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), a tribal management plan under 
                        this subparagraph shall require that the Tribe 
                        shall spend any amounts withdrawn from the 
                        Funds in accordance with the purposes described 
                        in paragraph (2)(C) or (3)(C).
                            (iii) Enforcement.--The Secretary may take 
                        judicial or administrative action to enforce 
                        the provisions of a tribal management plan 
                        under this subparagraph to ensure that any 
                        amounts withdrawn from the Funds under the plan 
                        are used in accordance with this Act and the 
                        Agreement.
                            (iv) Liability.--If the Tribe exercises the 
                        right to withdraw amounts from the Funds, 
                        neither the Secretary nor the Secretary of the 
                        Treasury shall retain any liability for the 
                        expenditure or investment of the amounts.
                    (B) Expenditure plan.--
                            (i) In general.--The Tribe shall submit to 
                        the Secretary for approval an expenditure plan 
                        for any portion of the amounts in the Funds 
                        that the Tribe does not withdraw under the 
                        tribal management plan.
                            (ii) Description.--The expenditure plan 
                        shall describe the manner in which, and the 
                        purposes for which, amounts of the Tribe 
                        remaining in the Funds will be used.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan if the 
                        Secretary determines that the plan is 
                        reasonable and consistent with this Act and the 
                        Agreement.
                            (iv) Annual report.--For each of the Funds, 
                        the Tribe shall submit to the Secretary an 
                        annual report that describes all expenditures 
                        from the Fund during the year covered by the 
                        report.
                    (C) Certain per capita distributions prohibited.--
                No amount in the Funds shall be distributed to any 
                member of the Tribe on a per capita basis.
    (c) Cost Indexing.--All amounts authorized to be appropriated under 
subsections (a) and (b) shall be adjusted as may be required to reflect 
the changes since October 1, 2007, in the construction cost indices 
applicable to the types of construction involved in the construction of 
the WMAT rural water supply system, the maintenance of the rural water 
supply system, and the construction or rehabilitation of the other 
development projects authorized under subsection (b)(2)(C).
    (d) Emergency Fund for Indian Safety and Health.--
            (1) Definition of emergency fund for indian safety and 
        health.--In this subsection, the term ``Emergency Fund for 
        Indian Safety and Health'' means 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.).
            (2) Initial transfer.--Not later than 90 days after the 
        date of enactment of this Act, such amounts as are available, 
        but not to exceed $50,000,000, in the Emergency Fund for Indian 
        Safety and Health shall be transferred to the White Mountain 
        Apache Tribe Water Rights Settlement Subaccount.
            (3) Subsequent transfer.--Effective beginning on January 1, 
        2012, if the Secretary determines that, on an annual basis, the 
        amount authorized to be appropriated under subsection (a) will 
        not be appropriated and deposited in the White Mountain Apache 
        Tribe Water Rights Settlement Subaccount by October 31, 2012, 
        not more than $50,000,000 of the amounts in the Emergency Fund 
        for Indian Safety and Health shall be transferred to the White 
        Mountain Apache Tribe Water Rights Settlement Subaccount, as 
        necessary to complete the WMAT rural water system project.
            (4) Limitation.--The total amount transferred from the 
        Emergency Fund for Indian Safety and Health to the White 
        Mountain Apache Tribe Water Rights Settlement Subaccount under 
        paragraphs (2) and (3) shall not exceed $100,000,000.
    (e) Operation, Maintenance, and Replacement.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $2,500,000 for the operation, maintenance, and 
        replacement costs of the WMAT rural water system, to remain 
        available until the conditions described in subsection (g) have 
        been met.
            (2) Subsequent funding.--Beginning on November 1, 2019, or 
        the enforceability date, whichever is later, the Tribe or the 
        Secretary, as applicable, may use amounts deposited in the WMAT 
        Maintenance Fund under subsection (b)(3)(B) for operation, 
        maintenance, and replacement costs of the WMAT rural water 
        system.
    (f) Cost Overruns.--On a determination by the Secretary that the 
amount authorized to be appropriated under subsection (a) is not 
sufficient for the completion of the WMAT rural water system, there are 
authorized to be appropriated such sums as are necessary, but not to 
exceed an additional $25,000,000, to complete the WMAT rural water 
system, to be derived by transfer from the amounts authorized to be 
appropriated to the Secretary for deposit in the WMAT Settlement Fund 
under subsection (b)(2)(B) in such amounts as the Secretary, in 
concurrence with the Tribe, determines to be appropriate.
    (g) Conditions.--The amounts authorized to be appropriated to the 
Secretary for deposit in the WMAT Maintenance Fund, together with any 
interest accrued thereon, under subsection (b)(3), and any interest 
accruing on the WMAT Settlement Fund under subsection (b)(2), shall not 
be available for expenditure or withdrawal until the later of--
            (1) November 1, 2019; and
            (2) the date on which the Secretary determines that the 
        conditions described in section 9(d) have been met.

SEC. 13. 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. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary fails to publish in the Federal Register a 
statement of findings as required under section 9(d) by not later than 
April 30, 2020--
            (1) effective beginning on May 1, 2020--
                    (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 subsections (a), (b), 
        (d), and (e) of section 12, together with any interest accrued 
        on those amounts, shall immediately revert to the general fund 
        of the Treasury; and
            (3) any other amounts deposited in the White Mountain 
        Apache Tribe Water Settlement Subaccount (including 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 respective sources of those funds.

SEC. 15. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    In carrying out this Act, the Secretary shall promptly comply with 
all applicable requirements of--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) all other applicable Federal environmental laws; and
            (4) all regulations promulgated under the laws described in 
        paragraphs (1) through (3).

            Passed the House of Representatives January 21, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 1065

_______________________________________________________________________

                                 AN ACT

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