[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 313 Reported in Senate (RS)]

                                                       Calendar No. 260
111th CONGRESS
  2d Session
                                 S. 313

                          [Report No. 111-119]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2009

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            January 21, 2010

               Reported by Mr. Dorgan, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``White Mountain Apache Tribe 
Water Rights Quantification Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) a final resolution of those proceedings 
        might--</DELETED>
                <DELETED>    (A) take many years;</DELETED>
                <DELETED>    (B) entail great expense;</DELETED>
                <DELETED>    (C) prolong uncertainty concerning the 
                availability of water supplies; and</DELETED>
                <DELETED>    (D) seriously impair the long-term 
                economic well-being of all parties to the 
                proceedings;</DELETED>
        <DELETED>    (3) the Tribe, non-Indian communities located near 
        the reservation of the Tribe, and other Arizona water users 
        have agreed--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) to seek funding, in accordance with 
                applicable law, for the implementation of the 
                Agreement;</DELETED>
        <DELETED>    (4) it is the policy of the United States to 
        quantify, to the maximum extent practicable, water rights 
        claims of Indian tribes without lengthy and costly 
        litigation;</DELETED>
        <DELETED>    (5) as of the date of enactment of this Act, the 
        tribal water rights are unquantified vested property rights 
        held in trust by the United States for the benefit of the 
        Tribe; and</DELETED>
        <DELETED>    (6) in keeping with the trust responsibility of 
        the United States to Indian tribes, and to promote tribal 
        sovereignty and economic self-sufficiency, it is appropriate 
        that the United States participate in and contribute funds for 
        the implementation of the Agreement.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to authorize, ratify, and confirm the 
        Agreement;</DELETED>
        <DELETED>    (2) to authorize and direct the Secretary to 
        execute the Agreement and carry out all obligations of the 
        Secretary under the Agreement;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) to permanently resolve certain damage claims 
        and all water rights claims among--</DELETED>
                <DELETED>    (A) the Tribe and its members;</DELETED>
                <DELETED>    (B) the United States in its capacity as 
                trustee for the Tribe and its members;</DELETED>
                <DELETED>    (C) the parties to the Agreement; 
                and</DELETED>
                <DELETED>    (D) all other claimants in the proceedings 
                referred to in subsection (a)(1).</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agreement.--The ``Agreement'' means--
        </DELETED>
                <DELETED>    (A) the WMAT Water Rights Quantification 
                Agreement dated January 13, 2009; and</DELETED>
                <DELETED>    (B) any amendment or exhibit (including 
                exhibit amendments) to that agreement that are--
                </DELETED>
                        <DELETED>    (i) made in accordance with this 
                        Act; or</DELETED>
                        <DELETED>    (ii) otherwise approved by the 
                        Secretary.</DELETED>
        <DELETED>    (2) Bureau.--The term ``Bureau'' means the Bureau 
        of Reclamation.</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) CAP fixed om&r charge.--The term ``CAP fixed 
        OM&R charge'' has the meaning given the term in the repayment 
        stipulation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) CAP system.--The term ``CAP system'' means--
        </DELETED>
                <DELETED>    (A) the Mark Wilmer Pumping 
                Plant;</DELETED>
                <DELETED>    (B) the Hayden-Rhodes Aqueduct;</DELETED>
                <DELETED>    (C) the Fannin-McFarland 
                Aqueduct;</DELETED>
                <DELETED>    (D) the Tucson Aqueduct;</DELETED>
                <DELETED>    (E) any pumping plant or appurtenant works 
                of a feature described in any of subparagraphs (A) 
                through (D); and</DELETED>
                <DELETED>    (F) any extension of, addition to, or 
                replacement for a feature described in any of 
                subparagraphs (A) through (E).</DELETED>
        <DELETED>    (9) CAP water.--The term ``CAP water'' means 
        ``Project Water'' (as that term is defined in the repayment 
        stipulation).</DELETED>
        <DELETED>    (10) Contract.--The term ``Contract'' means--
        </DELETED>
                <DELETED>    (A) the contract between the Tribe and the 
                United States attached as exhibit 7.1 to the Agreement 
                and numbered 08-XX-30-W0529 and dated 
                [</DELETED>____<DELETED>]; and</DELETED>
                <DELETED>    (B) any amendments to that 
                contract.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) Enforceability date.--The term 
        ``enforceability date'' means the date described in section 
        12(c)(1).</DELETED>
        <DELETED>    (13) Injury to water rights.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``injury to 
                water rights'' includes--</DELETED>
                        <DELETED>    (i) a change in the groundwater 
                        table; and</DELETED>
                        <DELETED>    (ii) any effect of such a 
                        change.</DELETED>
                <DELETED>    (C) Exclusion.--The term ``injury to water 
                rights'' does not include any injury to water 
                quality.</DELETED>
        <DELETED>    (14) Off-reservation trust land.--The term ``off-
        reservation trust land'' means land--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) depicted on the map attached to the 
                Agreement as exhibit 2.57.</DELETED>
        <DELETED>    (15) Operating agency.--The term ``Operating 
        Agency'' means the 1 or more entities authorized to assume 
        responsibility for the care, operation, maintenance, and 
        replacement of the CAP system.</DELETED>
        <DELETED>    (16) Repayment contract.--The term ``repayment 
        contract'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) any amendment to, or revision of, that 
                contract.</DELETED>
        <DELETED>    (17) Repayment stipulation.--The term ``repayment 
        stipulation'' means the stipulated judgment and the stipulation 
        for judgment (including any exhibits to those documents) 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action styled Central Arizona Water Conservation District v. 
        United States, et al., and numbered CIV 95-625-TUC-WDB (EHC) 
        and CIV 95-1720-PHX-EHC.</DELETED>
        <DELETED>    (18) Reservation.--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) generally depicted on the map 
                        attached to the Agreement as exhibit 
                        2.81.</DELETED>
                <DELETED>    (B) No effect on dispute or as 
                admission.--The depiction of the reservation described 
                in subparagraph (A)(ii) shall not--</DELETED>
                        <DELETED>    (i) be used to affect any dispute 
                        between the Tribe and the United States 
                        concerning the legal boundary of the 
                        reservation; and</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (19) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (20) State.--The term ``State'' means the State of 
        Arizona.</DELETED>
        <DELETED>    (21) Tribal cap water.--The term ``tribal CAP 
        water'' means the CAP water to which the Tribe is entitled 
        pursuant to the Contract.</DELETED>
        <DELETED>    (22) Tribal water rights.--The term ``tribal water 
        rights'' means the water rights of the Tribe described in 
        paragraph 4.0 of the Agreement.</DELETED>
        <DELETED>    (23) Tribe.--The term ``Tribe'' means the White 
        Mountain Apache Tribe organized under section 16 of the Act of 
        June 18, 1934 (commonly known as the ``Indian Reorganization 
        Act'') (25 U.S.C. 476).</DELETED>
        <DELETED>    (24) Water right.--The term ``water right'' means 
        any right in or to groundwater, surface water, or effluent 
        under Federal, State, or other law.</DELETED>
        <DELETED>    (25) WMAT rural water system.--The term ``WMAT 
        rural water system'' means the municipal, rural, and industrial 
        water diversion, storage, and delivery system described in 
        section 7.</DELETED>
        <DELETED>    (26) Year.--The term ``year'' means a calendar 
        year.</DELETED>

<DELETED>SEC. 4. APPROVAL OF AGREEMENT.</DELETED>

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

<DELETED>SEC. 5. WATER RIGHTS.</DELETED>

<DELETED>    (a) Rights Held in Trust.--The tribal water rights shall 
be held in trust by the United States on behalf of Tribe.</DELETED>
<DELETED>    (b) Reallocation.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (B) an annual entitlement to 1,218 acre-
                feet per year of the water--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Water Service Capital Charges.--The Tribe shall not be 
responsible for any water service capital charge for tribal CAP 
water.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) nonreimbursable; and</DELETED>
        <DELETED>    (2) excluded from the repayment obligation of the 
        District.</DELETED>
<DELETED>    (e) Water Code.--Not later than 18 months after the 
enforceability date, the Tribe shall enact a water code that--
</DELETED>
        <DELETED>    (1) governs the tribal water rights; and</DELETED>
        <DELETED>    (2) includes, at a minimum--</DELETED>
                <DELETED>    (A) provisions requiring the measurement, 
                calculation, and recording of all diversions and 
                depletions of water on the reservation and on off-
                reservation trust land;</DELETED>
                <DELETED>    (B) terms of a water conservation plan, 
                including objectives, conservation measures, and an 
                implementation timeline;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. CONTRACT.</DELETED>

<DELETED>    (a)  In General.--The Secretary shall enter into the 
Contract, in accordance with the Agreement, to provide, among other 
things, that--</DELETED>
        <DELETED>    (1) the Tribe, on approval of the Secretary, may--
        </DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) the term of the contract or 
                        option to lease shall not be longer than 100 
                        years;</DELETED>
                        <DELETED>    (ii) the contracts or options to 
                        exchange shall be for the term provided in the 
                        contract or option; and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) no portion of the tribal CAP water may be 
        permanently alienated;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) the United States (in any capacity) has no 
        trust or other obligation to monitor, administer, or account 
        for, in any manner--</DELETED>
                <DELETED>    (i) any funds received by the Tribe as 
                consideration under a contract or option to lease or 
                exchange tribal CAP water; or</DELETED>
                <DELETED>    (ii) the expenditure of those 
                funds;</DELETED>
        <DELETED>    (4)(A) all tribal CAP water shall be delivered 
        through the CAP system; and</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the Tribe may use tribal CAP water on or off 
        the reservation for any purpose;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The Contract shall be--</DELETED>
        <DELETED>    (1) for permanent service (within the meaning of 
        section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d)); 
        and</DELETED>
        <DELETED>    (2) without limit as to term.</DELETED>
<DELETED>    (c) Ratification.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Execution of Contract.--To the extent that the 
Contract does not conflict with this Act, the Secretary shall execute 
the Contract.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Prohibitions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Leases.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) those leases are authorized, ratified, 
                and confirmed; and</DELETED>
                <DELETED>    (B) the Secretary shall execute the 
                leases.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF THE RURAL WATER SYSTEM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Components.--The WMAT rural water system under 
subsection (a) shall consist of--</DELETED>
        <DELETED>    (1) a dam and storage reservoir, pumping plant, 
        and treatment facilities located along the North Fork White 
        River near the community of Whiteriver;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) connections to existing distribution 
        facilities, including public and private water systems in 
        existence on the date of enactment of this Act;</DELETED>
        <DELETED>    (4) appurtenant buildings and access 
        roads;</DELETED>
        <DELETED>    (5) electrical power transmission and distribution 
        facilities necessary for services to rural water system 
        facilities;</DELETED>
        <DELETED>    (6) all property and property rights necessary for 
        the facilities described in this subsection; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Service Area.--The service area of the WMAT rural 
water system shall be as described in the Project Extension report 
dated February 2007.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Title.--Title to the WMAT rural water system shall be 
held in trust by the United States in its capacity as trustee for the 
Tribe.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Applicability of ISDEAA.--Planning, design, 
construction, operation, maintenance, rehabilitation, and replacement 
of the WMAT rural water system on the reservation shall be subject to 
the provisions (including regulations) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL FISH 
              HATCHERIES, AND EXISTING IRRIGATION SYSTEMS.</DELETED>

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

<DELETED>SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PRODUCTS 
              IMPROVEMENTS.</DELETED>

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

<DELETED>SEC. 10. RECREATION IMPOUNDMENTS AND RELATED 
              FACILITIES.</DELETED>

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

<DELETED>SEC. 11. SATISFACTION OF CLAIMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Uses of Water.--All uses of water on lands outside of 
the reservation, if and when such lands are subsequently and finally 
determined to be part of the reservation through resolution of any 
dispute between the Tribe and the United States over the location of 
the reservation boundary, and any fee lands within the reservation put 
into trust and made part of the reservation, shall be subject to the 
maximum annual diversion amounts and the maximum annual depletion 
amounts specified in the Agreement.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 12. WAIVER AND RELEASE OF CLAIMS.</DELETED>

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

<DELETED>SEC. 13. USE OF LOWER COLORADO RIVER BASIN DEVELOPMENT 
              FUND.</DELETED>

<DELETED>    (a) Use of Amounts.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), up to 
        $100,000,000 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)) may be used, without further appropriation, 
        for the planning, engineering, design, and construction of the 
        WMAT rural water system.</DELETED>
        <DELETED>    (2) Requirement.--If a loan is made to the Tribe 
        pursuant to the White Mountain Apache Tribe Rural Water System 
        Loan Authorization Act (Public Law 110-390; 122 Stat. 4191), 
        the Tribe shall use such amounts made available under paragraph 
        (1) as are necessary to repay that loan.</DELETED>
<DELETED>    (b) Offset.--To the extent necessary, the Secretary shall 
offset amounts expended pursuant to subsection (a) using such 
additional amounts as may be made available to the Secretary for the 
applicable fiscal year.</DELETED>

<DELETED>SEC. 14. TRUST FUNDS.</DELETED>

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

<DELETED>SEC. 15. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Limited Waiver of Sovereign Immunity.--</DELETED>
        <DELETED>    (1) In general.--In the case of a civil action 
        described in paragraph (2)--</DELETED>
                <DELETED>    (A) the United States or the Tribe, or 
                both, may be joined in the civil action; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Description of civil action.--A civil action 
        referred to in paragraph (1) is a civil action filed--
        </DELETED>
                <DELETED>    (A) by any party to the Agreement or 
                signatory to an exhibit to the Agreement in a United 
                States or State court that--</DELETED>
                        <DELETED>    (i) relates solely and directly to 
                        the interpretation or enforcement of this Act 
                        or the Agreement; and</DELETED>
                        <DELETED>    (ii) names as a party the United 
                        States or the Tribe; or</DELETED>
                <DELETED>    (B) by a landowner or water user in the 
                Gila River basin or Little Colorado River basin in the 
                State that--</DELETED>
                        <DELETED>    (i) relates solely and directly to 
                        the interpretation or enforcement of paragraph 
                        12.0 of the Agreement; and</DELETED>
                        <DELETED>    (ii) names as a party the United 
                        States or the Tribe.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Limitation on Liability of United States.--</DELETED>
        <DELETED>    (1) In general.--The United States shall have no 
        trust or other obligation--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) to review or approve the expenditure 
                of those funds.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) receipt of any benefit under this 
        Act;</DELETED>
        <DELETED>    (2) the execution of this Act; or</DELETED>
        <DELETED>    (3) the use, storage, delivery, lease, or exchange 
        of CAP water.</DELETED>
<DELETED>    (e) Treatment of Tribal Water Rights.--The tribal water 
rights--</DELETED>
        <DELETED>    (1) shall be held in trust by the United States in 
        perpetuity; and</DELETED>
        <DELETED>    (2) shall not be subject to forfeiture or 
        abandonment.</DELETED>
<DELETED>    (f) Secretarial Power Sites.--The portions of the 
following named secretarial power site reserves that are located on the 
reservation shall be transferred and restored into the name of the 
Tribe:</DELETED>
        <DELETED>    (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., 
        R. 27 E.).</DELETED>
        <DELETED>    (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., 
        R. 26 E.; T. 3 N., R. 26 E.).</DELETED>
        <DELETED>    (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; 
        T. 4</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>N., R. 19 E.; 
        T. 4</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>N., R. 20 E.; 
        T. 4</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>N., R. 21 E.; 
        T. 5 N., R. 19 E.).</DELETED>
        <DELETED>    (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 
        E.).</DELETED>
        <DELETED>    (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 
        18 E.).</DELETED>
        <DELETED>    (6) Gleason Flat (T. 4</DELETED>\<DELETED>1/
        2</DELETED>\ <DELETED>N., R. 16 E.; T. 5 N., R. 16 
        E.).</DELETED>
<DELETED>    (g) No Effect on Future Allocations.--Water received under 
a lease or exchange of tribal CAP water under this Act shall not affect 
any future allocation or reallocation of CAP water by the 
Secretary.</DELETED>
<DELETED>    (h) After-acquired Trust Lands.--</DELETED>
        <DELETED>    (1) Requirement of act of congress.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exceptions.--Subparagraph (A) shall 
                not apply to--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) off-reservation trust land 
                        acquired prior to January 1, 2008.</DELETED>
        <DELETED>    (2) Water rights.--</DELETED>
                <DELETED>    (A) In general.--Under this section, 
                after-acquired trust land outside the reservation shall 
                not include federally reserved rights to surface water 
                or groundwater.</DELETED>
                <DELETED>    (B) Restored land.--Land restored to the 
                reservation as the result of resolution of any 
                reservation boundary dispute between the Tribe and the 
                United States, or any fee simple land within the 
                reservation that are placed into trust, shall have 
                water rights pursuant to section 11(b).</DELETED>
        <DELETED>    (3) Acceptance of land in trust status.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 16. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Rural Water System.--</DELETED>
        <DELETED>    (1) Planning, engineering, design, and 
        construction.--</DELETED>
                <DELETED>    (A) In general.--There is authorized to be 
                appropriated for the planning, engineering, design, and 
                construction of the WMAT rural water system 
                $126,193,000, as adjusted in accordance with 
                subparagraph (B), less--</DELETED>
                        <DELETED>    (i) the amount of funding applied 
                        toward the planning, engineering, design, and 
                        construction of the WMAT rural water system 
                        under section 13; and</DELETED>
                        <DELETED>    (ii) the funds to be provided 
                        under subparagraph 13.3 of the 
                        Agreement.</DELETED>
                <DELETED>    (B) Adjustments and inclusions.--The 
                amount authorized to be appropriated under subparagraph 
                (A) shall--</DELETED>
                        <DELETED>    (i) be adjusted as may be required 
                        due to changes in construction costs of the 
                        rural water system, as indicated by engineering 
                        cost indices applicable to the types of 
                        planning, engineering, design, and construction 
                        occurring after October 1, 2007; and</DELETED>
                        <DELETED>    (ii) include such sums as are 
                        necessary for the Bureau to carry out oversight 
                        of activities for planning, design, and 
                        construction of the rural water 
                        system.</DELETED>
        <DELETED>    (2) Environmental compliance.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out all required Federal environmental 
        compliance activities associated with the planning, 
        engineering, design, and construction of the rural water 
        system.</DELETED>
<DELETED>    (b) Rural Water System OM&R.--There is authorized to be 
appropriated $50,000,000 for the operation, maintenance, and 
replacement costs of the rural water system.</DELETED>
<DELETED>    (c) Rehabilitation of Recreation Facilities, National Fish 
Hatcheries, and Existing Irrigation Systems.--There are authorized to 
be appropriated, for use in accordance with section 8--</DELETED>
        <DELETED>    (1) $23,675,000 to complete the Hawley Lake, 
        Horseshoe Lake, Reservation Lake, Sunrise Lake, and Big and 
        Little Bear Lake reconstruction projects and facilities 
        improvements;</DELETED>
        <DELETED>    (2) $7,472,000 to the United States Fish and 
        Wildlife Service for the rehabilitation and improvement of the 
        Alchesay-Williams Creek National Fish Hatchery 
        Complex;</DELETED>
        <DELETED>    (3) $5,000,000 to the Bureau of Indian Affairs for 
        the planning, design, and construction of the WMAT Fishery 
        Center; and</DELETED>
        <DELETED>    (4) for the rehabilitation of existing irrigation 
        systems--</DELETED>
                <DELETED>    (A) $950,000 for the Canyon Day irrigation 
                system; and</DELETED>
                <DELETED>    (B) $4,000,000 for the Historic irrigation 
                system.</DELETED>
<DELETED>    (d) Feasibility Study of Needed Forest Products 
Improvements.--There are authorized to be appropriated--</DELETED>
        <DELETED>    (1) to the Bureau of Indian Affairs $1,000,000 to 
        conduct a feasibility study of the rehabilitation and 
        improvement of forest products manufacturing and forest 
        management on the reservation in accordance with section 9; 
        and</DELETED>
        <DELETED>    (2) $24,000,000 to implement the recommendations 
        developed under the study.</DELETED>
<DELETED>    (e) Sunrise Ski Park Snow-making Infrastructure.--There is 
authorized to be appropriated $25,000,000 for the planning, design, and 
construction of snow-making infrastructure, repairs, and expansion at 
Sunrise Ski Park in accordance with section 8.</DELETED>
<DELETED>    (f) Recreation Impoundments and Related Facilities.--There 
is authorized to be appropriated $25,000,000 to carry out section 
10.</DELETED>
<DELETED>    (g) Environmental Compliance.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
all required environmental compliance activities associated with the 
Agreement and this Act.</DELETED>
<DELETED>    (h) Cost Indexing.--The amounts authorized to be 
appropriated under this section shall be adjusted as appropriate, based 
on ordinary fluctuations in engineering cost indices applicable for the 
relevant types of construction, if any, during the period beginning on 
October 1, 2007, and ending on the date on which the amounts are made 
available.</DELETED>
<DELETED>    (i) Emergency Fund for Indian Safety and Health.--
Effective beginning on January 1, 2010, if the Secretary determines 
that, on an annual basis, the deadline described in section 12(c)(2) is 
not likely to be met because the funds authorized in sections 13 and 
16(a) have not been appropriated and deposited in the Rural Water 
System Construction Fund, not more than $100,000,000 of the amounts in 
the Emergency Fund for Indian Safety and Health established by section 
601(a) of the Tom Lantos and Henry J. Hyde United States Global 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization 
Act of 2008 (22 U.S.C. 7601 et seq.) shall be transferred to the Rural 
Water System Construction Fund, as necessary to complete the WMAT rural 
water system project.</DELETED>

<DELETED>SEC. 17. ANTIDEFICIENCY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 18. REPEAL ON FAILURE OF ENFORCEABILITY DATE.</DELETED>

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

<DELETED>SEC. 19. COMPLIANCE WITH ENVIRONMENTAL LAWS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White Mountain Apache Tribe Water 
Rights Quantification Act of 2009''.

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 not more than 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 October 
        31, 2015, 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 appropriated to the subaccount pursuant to 
        subsections (a) and (d) of section 12, as applicable; and
            (2) 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.--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.

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 ``2013'' and inserting 
``2016''.

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), 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.
            (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 
        deadline described in section 9(d)(2) is not likely to be met 
        because the amount authorized by subsection (a) has not been 
        appropriated and deposited in the White Mountain Apache Tribe 
        Water Rights Settlement Subaccount, 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 January 1, 2021, 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 under subsection 
(b)(3)(B) shall not be available for expenditure or withdrawal until 
the later of--
            (1) December 31, 2020; 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 
October 31, 2015--
            (1) effective beginning on November 1, 2015--
                    (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).
                                                       Calendar No. 260

111th CONGRESS

  2d Session

                                 S. 313

                          [Report No. 111-119]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 21, 2010

                       Reported with an amendment