[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.