1.This Act may be cited as the
White Mountain Apache Tribe Water
Rights Quantification Act of 2010
.
2.
(a)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)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).
3.In this Act:
(1)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)The term Bureau means the
Bureau of Reclamation.
(3)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)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)The term CAP fixed OM&R
charge has the meaning given the term in the repayment
stipulation.
(6)The term CAP M&I priority
water means the CAP water having a municipal and industrial delivery
priority under the repayment contract.
(7)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)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)The term CAP water means
Project Water (as that term is defined in the repayment
stipulation).
(10)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)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)The term enforceability date
means the date described in section 9(d)(1).
(13)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)
(A)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)The term injury to water
rights includes—
(i)a change in the groundwater table;
and
(ii)any effect of such a change.
(C)The term injury to water
rights does not include any injury to water quality.
(15)Lower Colorado River Basin Development
FundThe 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 landThe 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)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)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)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)
(A)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
admissionThe 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)The term Secretary means the
Secretary of the Interior.
(22)The term State means the State
of Arizona.
(23)The term tribal CAP water
means the CAP water to which the Tribe is entitled pursuant to the
Contract.
(24)The term tribal water rights
means the water rights of the Tribe described in paragraph 4.0 of the
Agreement.
(25)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)The term water right means any
right in or to groundwater, surface water, or effluent under Federal, State, or
other law.
(27)The term WMAT rural water
system means the municipal, rural, and industrial water diversion,
storage, and delivery system described in section 7.
(28)The term year means a calendar
year.
4.
(a)
(1)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)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)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)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)
(A)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)The Secretary shall carry out all necessary
environmental compliance required by Federal law in implementing the
Agreement.
(3)The Bureau shall serve as the lead agency
with respect to ensuring environmental compliance associated with the WMAT
rural water system.
5.
(a)Treatment of tribal water
rightsThe 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)
(1)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)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 chargesThe Tribe shall not be responsible for any
water service capital charge for tribal CAP water.
(d)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)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.
6.
(a)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)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)
(1)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)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)To the extent that the Contract does not
conflict with this Act, the Secretary shall execute the Contract.
(e)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)
(1)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)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
AuthorityNothing 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)
(1)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)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.
7.Authorization of rural water
system
(a)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)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)The service area of the WMAT rural water
system shall be as described in the Project Extension report dated February
2007.
(d)Construction requirementsThe 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)
(1)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)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)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)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)
(1)Agreement for specific
activitiesOn 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)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)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 maintenanceSubject 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).
8.
(a)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)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
rightsNotwithstanding
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.
9.Waiver and release of claims
(a)–
(1)Claims against the State and
othersExcept 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)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 StatesExcept 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)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)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 StatesNotwithstanding 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 StatesNotwithstanding 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
releasesExcept 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)
(1)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
occurIf, 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)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
authorityNothing 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 rightsExcept 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)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)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.
10.White Mountain Apache Tribe Water Rights
Settlement Subaccount
(a)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)
(A)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)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)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)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)
(A)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)The expenditure plan shall describe the
manner in which, and the purposes for which, the amounts remaining in the
subaccount will be used.
(C)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)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
distributionsNo 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)
(1)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)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)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)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)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.
11.
(a)Limited waiver of sovereign
immunity
(1)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 actionA 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)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)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)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
ActThe 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)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. 41/2 N., R. 19 E.; T. 41/2 N.,
R. 20 E.; T. 41/2 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. 41/2
N., R. 16 E.; T. 5 N., R. 16 E.).
(f)No effect on future
allocationsWater 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)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)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)
(A)Under this section, after-acquired trust
land outside the reservation shall not include federally reserved rights to
surface water or groundwater.
(B)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)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)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)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
.
12.Authorization of appropriations
(a)
(1)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)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)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)
(A)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)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)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)
(A)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)There is authorized to be appropriated to
the Secretary $50,000,000 for deposit in the WMAT Maintenance Fund.
(C)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)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
FundsAmounts 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)
(i)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)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)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)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)
(i)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)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)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)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
prohibitedNo amount in the
Funds shall be distributed to any member of the Tribe on a per capita
basis.
(c)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 HealthIn 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)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)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)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)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)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)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)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.
13.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.
14.Repeal on failure of enforceability
dateIf 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.
15.Compliance with environmental
lawsIn 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.
Lorraine C. Miller,
Clerk.
March 26 (legislative day, March 25), 2010
Read twice and placed on the calendar