[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Pages S827-S833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. KYL:
S. 313. A bill to resolve water rights claims of the White Mountain
Apache Tribe in the State of Arizona, and for other purposes; to the
Committee on Indian Affairs.
Mr. KYL. Mr. President, today I am pleased to introduce the White
Mountain Apache Tribe Water Rights Quantification Act of 2009. The
legislation would authorize and confirm the tribe's water settlement
and authorize funding for a key drinking water project on the tribe's
reservation in northern Arizona--the Miner Flat Dam and Reservoir. The
legislation is the product of nearly 3 years of negotiation and the
tremendous work of the settlement parties.
On behalf of the tribe, the United States filed substantial claims to
water in the Gila River and Little Colorado River General Stream
adjudications in Arizona. The settlement of these claims would, among
other things, resolve the tribe's claims to water by allocating to it a
total annual water right of 52,000 acre-feet per year through a
combination of surface water and Central Arizona Project water sources.
Without a settlement, resolution of the tribe's claims would take many
years, entail great expense, prolong uncertainty concerning the
availability of water supplies, and seriously impair the long-term
economic well-being of all of the parties to the settlement.
Late last year, the representatives of the non-federal water
settlement parties indicated that a settlement was nearly finalized.
The parties' representatives expressed their written support for the
settlement and indicated that they will be submitting the settlement to
their respective governing bodies for review and action. A number of
the parties, including the White Mountain Apache Tribe, have already
formally approved the settlement.
A major factor driving the settlement is the drinking water needs of
the White Mountain Apache Tribe. Currently, a relatively small well
field serves the drinking water needs of the majority of the residents
on the tribe's reservation, but production from the wells has declined
significantly over the last few years. As a result, the tribe has
experienced summer drinking water shortages. The tribe is planning to
construct a relatively small diversion project on the North Fork of the
White River on its reservation this year. It indicates that when the
project is completed it will replace most of the lost production from
the existing well field, but will not produce enough water to meet the
demand of the tribe's growing population. The Miner Flat Project would
provide a longterm solution for the tribe's drinking water shortages.
A significant percentage of the water and funding for the White
Mountain Apache settlement has already been set aside in legislation I
sponsored, the Arizona Water Settlements Act. The Arizona Water
Settlements Act, which became law in 2004, settled expensive and
lengthy litigation concerning the Gila River Indian Community's rights
to Gila River water and other water supplies, and the claims of the
Tohono O'odham Nation for damages from groundwater pumping in southern
Arizona. It also set aside 67,300 acre-feet of Central Arizona Project,
CAP, water per year to resolve Indian water claims in Arizona and
established a $250 million fund for future Arizona Indian water
settlements.
Under the White Mountain Apache Tribe's settlement legislation, a
portion of the CAP water set aside in the Arizona Water Settlements Act
will be used to settle the White Mountain Apache Tribe's claims and a
portion of the $250 million will be used to construct the Miner Flat
Project. While a potential scoring issue exists relating to the use of
these funds, I am confident that these issues will be resolved as the
legislation progresses.
In sum, not only would the legislation I have introduced today
provide certainty to water users in the State of Arizona regarding
their future water supplies, it would provide the tribe with a long-
term reliable source of drinking water. Therefore, I urge my colleagues
to support this legislation.
Mr. President, I ask unanimous consent that the text of the bill and
letters of support be printed int he Record.
There being no objection, the material was ordered to be placed in
the Record, as follows:
S. 313
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Mountain Apache Tribe
Water Rights Quantification Act of 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;
(C) prolong uncertainty concerning the availability of
water supplies; and
(D) seriously impair the long-term economic well-being of
all parties to the proceedings;
(3) the Tribe, non-Indian communities located near the
reservation of the Tribe, and other Arizona water users have
agreed--
(A) to permanently quantify the water rights of the Tribe,
members of the Tribe, and the United States in its capacity
as trustee for the Tribe and members in accordance with the
Agreement; and
(B) to seek funding, in accordance with applicable law, for
the implementation of the Agreement;
(4) it is the policy of the United States to quantify, to
the maximum extent practicable, water rights claims of Indian
tribes without lengthy and costly litigation;
(5) as of the date of enactment of this Act, the tribal
water rights are unquantified vested property rights held in
trust by the United States for the benefit of the Tribe; and
(6) in keeping with the trust responsibility of the United
States to Indian tribes, and to promote tribal sovereignty
and economic self-sufficiency, it is appropriate that the
United States participate in and contribute funds for the
implementation of the Agreement.
(b) Purposes.--The purposes of this Act are--
(1) to authorize, ratify, and confirm the Agreement;
(2) to authorize and direct the Secretary to execute the
Agreement and carry out all obligations of the Secretary
under the Agreement;
(3) to authorize the actions and appropriations necessary
for the United States to meet the obligations of the United
States under the Agreement and this Act; and
(4) to permanently resolve certain damage claims and all
water rights claims among--
(A) the Tribe and its members;
(B) the United States in its capacity as trustee for the
Tribe and its members;
[[Page S828]]
(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 contract between the Tribe and the United States
attached as exhibit 7.1 to the Agreement and numbered 08-XX-
30-W0529 and dated [____]; and
(B) any amendments to that contract.
(11) District.--The term ``District'' means the Central
Arizona Water Conservation District, a political subdivision
of the State that is the contractor under the repayment
contract.
(12) Enforceability date.--The term ``enforceability date''
means the date described in section 12(c)(1).
(13) Injury to water rights.--
(A) In general.--The term ``injury to water rights'' means
an interference with, diminution of, or deprivation of, a
water right under Federal, State, or other law.
(B) Inclusions.--The term ``injury to water rights''
includes--
(i) a change in the groundwater table; and
(ii) any effect of such a change.
(C) Exclusion.--The term ``injury to water rights'' does
not include any injury to water quality.
(14) Off-reservation trust land.--The term ``off-
reservation trust land'' means land--
(A) located outside the exterior boundaries of the
reservation that is held in trust by the United States for
the benefit of the Tribe as of the enforceability date; and
(B) depicted on the map attached to the Agreement as
exhibit 2.57.
(15) Operating agency.--The term ``Operating Agency'' means
the 1 or more entities authorized to assume responsibility
for the care, operation, maintenance, and replacement of the
CAP system.
(16) Repayment contract.--The term ``repayment contract''
means--
(A) the contract between the United States and the District
for delivery of water and repayment of the costs of the CAP,
numbered 14-06-W-245 (Amendment No. 1), and dated December 1,
1988; and
(B) any amendment to, or revision of, that contract.
(17) Repayment stipulation.--The term ``repayment
stipulation'' means the stipulated judgment and the
stipulation for judgment (including any exhibits to those
documents) entered on November 21, 2007, in the United States
District Court for the District of Arizona in the
consolidated civil action styled Central Arizona Water
Conservation District v. United States, et al., and numbered
CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
(18) Reservation.--
(A) In general.--The term ``reservation'' means the land
within the exterior boundary of the White Mountain Indian
Reservation established by the Executive order dated November
9, 1871, as modified by subsequent Executive orders and Acts
of Congress--
(i) known on the date of enactment of this Act as the
``Fort Apache Reservation'' pursuant to the Act of June 7,
1897 (30 Stat. 62, chapter 3); and
(ii) generally depicted on the map attached to the
Agreement as exhibit 2.81.
(B) No effect on dispute or as admission.--The depiction of
the reservation described in subparagraph (A)(ii) shall not--
(i) be used to affect any dispute between the Tribe and the
United States concerning the legal boundary of the
reservation; and
(ii) constitute an admission by the Tribe with regard to
any dispute between the Tribe and the United States
concerning the legal boundary of the reservation.
(19) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(20) State.--The term ``State'' means the State of Arizona.
(21) Tribal cap water.--The term ``tribal CAP water'' means
the CAP water to which the Tribe is entitled pursuant to the
Contract.
(22) Tribal water rights.--The term ``tribal water rights''
means the water rights of the Tribe described in paragraph
4.0 of the Agreement.
(23) Tribe.--The term ``Tribe'' means the White Mountain
Apache Tribe organized under section 16 of the Act of June
18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 476).
(24) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, or effluent under
Federal, State, or other law.
(25) WMAT rural water system.--The term ``WMAT rural water
system'' means the municipal, rural, and industrial water
diversion, storage, and delivery system described in section
7.
(26) Year.--The term ``year'' means a calendar year.
SEC. 4. APPROVAL OF AGREEMENT.
(a) Approval.--
(1) In general.--Except to the extent that any provision of
the Agreement conflicts with a provision of this Act, the
Agreement is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Agreement is
authorized, ratified, and confirmed, to the extent that such
an amendment is executed to 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) Rights Held in Trust.--The tribal water rights shall be
held in trust by the United States on behalf of Tribe.
(b) Reallocation.--
(1) In general.--In accordance with this Act and the
Agreement, the Secretary shall reallocate to the Tribe, and
offer to enter into a contract with the Tribe for the
delivery in accordance with this section of--
(A) an annual entitlement to 23,782 acre-feet per year of
CAP water that has a non-Indian agricultural delivery
priority (as defined in the Contract) in accordance with
section 104(a)(1)(A)(iii) of the Arizona Water Settlements
Act (Public Law 108-451; 118 Stat. 3488), of which--
(i) 3,750 acre-feet per year shall be firmed by the United
States for the benefit of the Tribe for the 100-year period
beginning on January 1, 2008, with priority equivalent to CAP
M&I priority water, in accordance with section 105(b)(1)(B)
of that Act (118 Stat. 3492); and
(ii) 3,750 acre-feet per year shall be firmed by the State
for the benefit of the Tribe for the 100-year period
beginning on January 1, 2008, with priority equivalent to CAP
M&I priority water, in accordance with section 105(b)(2)(B)
of that Act (118 Stat. 3492); and
(B) an annual entitlement to 1,218 acre-feet per year of
the water--
(i) acquired by the Secretary through the permanent
relinquishment of the Harquahala Valley Irrigation District
CAP subcontract entitlement in accordance with the contract
numbered 3-07-30-W0290 among the District, Harquahala Valley
Irrigation District, and the United States; and
(ii) converted to CAP Indian Priority water (as defined in
the Contract) pursuant to the Fort McDowell Indian Community
Water Rights Settlement Act of 1990 (Public Law 101-628; 104
Stat. 4480).
[[Page S829]]
(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 THE RURAL WATER SYSTEM.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the Bureau,
shall plan, design, construct, operate, maintain, replace,
and rehabilitate the WMAT rural water system as generally
described in the project extension report dated February
2007.
(b) Components.--The WMAT rural water system under
subsection (a) shall consist of--
(1) a dam and storage reservoir, pumping plant, and
treatment facilities located along the North Fork White River
near the community of Whiteriver;
(2) pipelines extending from the water treatment plants to
existing water distribution systems serving the Whiteriver,
Carrizo, and Cibecue areas, together with other communities
along the pipeline;
(3) connections to existing distribution facilities,
including public and private water systems in existence on
the date of enactment of this Act;
(4) appurtenant buildings and access roads;
(5) electrical power transmission and distribution
facilities necessary for services to rural water system
facilities;
(6) all property and property rights necessary for the
facilities described in this subsection; and
(7) such other project components as the Secretary
determines to be appropriate to meet the water supply,
economic, public health, and environmental needs of the
portions of the reservation served by the WMAT rural water
system, including water storage tanks, water lines, and other
facilities for the Tribe and the villages and towns on the
reservation.
(c) Service Area.--The service area of the WMAT rural water
system shall be as described in the Project Extension report
dated February 2007.
(d) Construction Requirements.--The components of the WMAT
rural water system shall be planned and constructed to a size
that is sufficient to meet the municipal, rural, and
industrial water supply requirements of the WMAT rural water
system service area during the period beginning on the date
of enactment of this Act and ending not earlier than December
31, 2040.
(e) Title.--Title to the WMAT rural water system shall be
held in trust by the United States in its capacity as trustee
for the Tribe.
(f) Technical Assistance.--The Secretary shall provide such
technical assistance as is necessary to enable the Tribe to
plan, design, construct, operate, maintain, and replace the
WMAT rural water system, including operation and management
training.
(g) Applicability of ISDEAA.--Planning, design,
construction, operation, maintenance, rehabilitation, and
replacement of the WMAT rural water system on the reservation
shall be subject to the provisions (including regulations) of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
(h) Condition.--As a condition of construction of the
facilities authorized by this section, the Tribe shall
provide, at no cost to the Secretary, all land or interests
in land, as appropriate, that the Secretary identifies as
being necessary for those facilities.
[[Page S830]]
SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL FISH
HATCHERIES, AND EXISTING IRRIGATION SYSTEMS.
(a) In General.--Subject to the availability of
appropriations, on request of the Tribe, the Secretary shall
provide financial and technical assistance to complete the
Hawley Lake, Horseshoe Lake, Reservation Lake, Sunrise Lake,
and Big and Little Bear Lake reconstruction projects and
facilities improvements, as generally described in the Bureau
report entitled ``White Mountain Apache Tribe Recreation
Planning Study--April 2003''.
(b) Alchesay Williams Creek National Fish Hatchery
Complex.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall operate, maintain,
rehabilitate, and upgrade the Alchesay-Williams Creek
National Fish Hatchery Complex on the reservation for the
continued general and primary benefit of the Tribe and the
White Mountain region.
(2) Complex rehabilitation.--The rehabilitation of, and
upgrades to, the complex described in paragraph (1) shall
include--
(A) raceway construction and rehabilitation, water quality
improvements, a water recirculation system, supplemental
water treatment capability, equipment acquisition, and
building rehabilitation; and
(B) capital improvement and deferred maintenance facility
needs identified in the reports of the United States Fish and
Wildlife Service entitled ``Facilities Needs Assessment'' and
``Merrick Report'' and dated September 2000, as updated
through 2008.
(c) Tribe Fishery Center.--Subject to the availability of
appropriations, the Secretary shall plan, design, construct,
operate, maintain, rehabilitate, and replace a fish grow-out
facility, to be known as the ``WMAT Fishery Center'', on the
west side of the reservation for the benefit of the Tribe,
consisting of--
(1) a 10,000-square foot indoor facility;
(2) circular fiberglass tanks;
(3) plumbing and required equipment;
(4) collection and conveyance water systems; and
(5) raceways and ponds.
(d) Sunrise Ski Park Snow-Making Infrastructure.--Subject
to the availability of appropriations, the Secretary shall
plan, design, and construct snow-making capacity and
infrastructure for Sunrise Ski Park, consisting of--
(1) enlargement of Ono Lake;
(2) replacement of snow-making infrastructure, as
necessary; and
(3) expansion of snow-making infrastructure and capacity to
all ski runs on Sunrise Peak, Apache Peak, and Cyclone Peak.
(e) Existing Irrigation System Rehabilitation.--Subject to
the availability of appropriations, the Secretary shall
operate, maintain, rehabilitate, and upgrade the Canyon Day
and other historic irrigation systems on the reservation for
the continued general and primary benefit of the Tribe.
(f) Applicability of ISDEAA.--Planning, design,
construction, operation, maintenance, rehabilitation,
replacement, and upgrade of the projects identified in this
section shall be subject to the provisions (including
regulations) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PRODUCTS
IMPROVEMENTS.
(a) Feasibility Study.--Subject to the availability of
appropriations 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--
(1) improving the manufacture and use of timber products
derived from commercial forests on the reservation; and
(2) improving forest management practices, consistent with
sustained yield principles for multipurpose forest uses,
healthy forest initiatives, and other applicable law to
supply raw materials for future manufacture and use.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary, with concurrence of the
tribal council of the Tribe, shall submit to Congress a
report describing the results of the feasibility study under
subsection (a), including recommendations of the Secretary,
if any, for the improvements described in that subsection.
(c) Implementation.--Subject to the availability of
appropriations, the Secretary shall plan, design, and
construct the improvements recommended under subsection (b).
SEC. 10. RECREATION IMPOUNDMENTS AND RELATED FACILITIES.
Subject to the availability of appropriations, on receipt
of a request by the Tribe and pursuant to the provisions
(including regulations) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.), the
Secretary shall--
(1) conduct a feasibility study of recreation impoundments
throughout the reservation;
(2) develop recommendations for the implementation, by not
later than 1 year after the date of enactment of this Act, of
feasible recreation impoundments; and
(3) plan, design, and construct any recommended recreation
impoundments and related recreation facilities.
SEC. 11. SATISFACTION OF CLAIMS.
(a) In General.--The benefits realized by the Tribe and its
members under this Act shall be in full satisfaction of all
claims of the Tribe and its members for water rights and
injury to water rights, except as set forth in the Agreement,
under Federal, State, or other law with respect to the
reservation and off-reservation trust land.
(b) Uses of Water.--All uses of water on lands outside of
the reservation, if and when such lands are subsequently and
finally determined to be part of the reservation through
resolution of any dispute between the Tribe and the United
States over the location of the reservation boundary, and any
fee lands within the reservation put into trust and made part
of the reservation, shall be subject to the maximum annual
diversion amounts and the maximum annual depletion amounts
specified in the Agreement.
(c) No Recognition of Water Rights.--Notwithstanding
subsection (a), nothing in this Act has the effect of
recognizing or establishing any right of a member of the
Tribe to water on the reservation.
SEC. 12. WAIVER AND RELEASE OF CLAIMS.
(a) In General.---
(1) Claims against the state and others.---Except as
provided in subparagraph 12.6 of the Agreement, the Tribe, on
behalf of itself and its members, and the United States,
acting in its capacity of trustee for the Tribe and its
members as part of the performance of their obligations under
the Agreement, are authorized to execute a waiver and release
of any claims against the State (or any agency or political
subdivision of the State), or any other person, entity,
corporation, or municipal corporation under Federal, State,
or other law for all--
(A)(i) past, present, and future claims for water rights
for the reservation and off-reservation trust land arising
from time immemorial and, thereafter, forever; and
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based upon aboriginal occupancy of land by the Tribe, its
members, or their predecessors;
(B)(i) past and present claims for injury to water rights
for the reservation and off-reservation trust land arising
from time immemorial through the enforceability date;
(ii) past, present, and future claims for injury to water
rights arising from time immemorial and, thereafter, forever,
that are based upon aboriginal occupancy of land by the Tribe
and its members, or their predecessors; and
(iii) claims for injury to water rights arising after the
enforceability date for the reservation and off-reservation
trust land resulting from off-reservation diversion or use of
water in a manner not in violation of the Agreement or State
law; and
(C) past, present, and future claims arising out of or
relating in any manner to the negotiation or execution of the
Agreement or the negotiation or enactment of this Act.
(2) Claims against tribe.--Except as provided in
subparagraph 12.8 of the Agreement, the United States, in all
its capacities (except as trustee for an Indian tribe other
than the Tribe), as part of the performance of its
obligations under the Agreement, is authorized to execute a
waiver and release of any and all claims against the Tribe,
its members, or any agency, official, or employee of the
Tribe, under Federal, State, or any other law for all--
(A) past and present claims for injury to water rights
resulting from the diversion or use of water on the
reservation and on off-reservation trust land arising from
time immemorial through the enforceability date;
(B) claims for injury to water rights arising after the
enforceability date resulting from the diversion or use of
water on the reservation and on off-reservation trust land in
a manner not in violation of the Agreement; and
(C) past, present, and future claims arising out of or
related in any manner to the negotiation or execution of the
Agreement or the negotiation or enactment of this Act.
(3) Claims against the united states.--Except as provided
in subparagraph 12.7 of the Agreement, the Tribe, on behalf
of itself and its members, as part of the performance of its
obligations under the Agreement, is authorized to execute a
waiver and release of any claim against the United States,
including agencies, officials, or employees thereof (except
in the United States capacity as trustee for other tribes),
under Federal, State, or other law for any and all--
(A)(i) past, present, and future claims for water rights
for the reservation and off-reservation trust land arising
from time immemorial and, thereafter, forever; and
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land by the Tribe and
its members, or their predecessors;
(B)(i) past and present claims relating in any manner to
damages, losses, or injuries to water, water rights, land, or
other resources due to loss of water or water rights
(including but not limited to damages, losses or injuries to
hunting, fishing, gathering, or cultural rights due to loss
of water or water rights; claims relating to interference
with, diversion or taking of water; or claims relating to
failure to protect, acquire, or develop water, water rights
or water infrastructure) within the reservation and off-
reservation trust land that first accrued at any time prior
to the enforceability date;
(ii) past, present, and future claims for injury to water
rights arising from time immemorial and, thereafter, forever,
that are based on aboriginal occupancy of land by the Tribe
and its members, or their predecessors; and
[[Page S831]]
(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 Tribe's water
rights 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
upon the full appropriation and payment of such funds
authorized by section 16(c)(4) to the Tribe;
(F) future claims relating to operation, maintenance, and
replacement of the WMAT rural water system, which waiver
shall only become effective upon the full appropriation of
funds authorized by section 16(b) and their deposit into the
Rural Water System OM&R Fund; and
(G) past, present, and future breach of trust and
negligence claims for damage to the natural resources of the
Tribe caused by riparian and other vegetative manipulation,
including over-cutting of forest resources by the United
States for the purpose of increasing water runoff from the
reservation.
(4) No waiver of claims.--Nothing in this subsection waives
any claim of the Tribe against the United States for future
takings by the United States of reservation land or off-
reservation trust land or property rights appurtenant to
those lands, including any water rights set forth in
paragraph 4.0 of the Agreement.
(b) Effectiveness of Waiver and Releases.--Except where
otherwise specifically provided in subparagraphs (E) and (F)
of subsection (a)(3), the waivers and releases under
subsection (a) shall become effective on the enforceability
date.
(c) Enforceability Date.--
(1) In general.--This section takes effect on the date on
which the Secretary publishes in the Federal Register a
statement of findings that--
(A) to the extent the Agreement conflicts with this Act,
the Agreement has been revised through an amendment to
eliminate the conflict and the Agreement, so revised, has
been executed by the Secretary, the Tribe and the Governor of
the State;
(B) the Secretary has fulfilled the requirements of
sections 5 and 6;
(C)(i) the funds authorized in sections 13 and 16(a), have
been appropriated and deposited in the Rural Water System
Construction Fund; and
(ii) if applicable, the funds described in section 16(i)
have been deposited in the Rural Water System Construction
Fund;
(D) the State funds described in subparagraph 13.3 of the
Agreement have been deposited in the Rural Water System
Construction Fund;
(E) the Secretary has issued a record of decision approving
the construction of the WMAT rural water system in a
configuration substantially similar to that described in
section 7; and
(F) the judgments and decrees substantially in the form of
those attached to the Agreement as exhibits 12.9.6.1 and
12.9.6.2 have been approved by the respective trial courts.
(2) Failure of enforceability date to occur.--If, because
of the failure of the enforceability date to occur by October
31, 2013, this section does not become effective, the Tribe
and its members, and the United States, acting in the
capacity of trustee for the Tribe and its members, shall
retain the right to assert past, present, and future water
rights claims and claims for injury to water rights for the
reservation and off-reservation trust land.
(3) No rights to water.--Upon the occurrence of the
enforceability date, all land held by the United States in
trust for the Tribe and its members shall have no rights to
water other than those specifically quantified for the Tribe
and the United States, acting in the capacity of trustee for
the Tribe and its members for the reservation and off-
reservation trust land pursuant to paragraph 4.0 of the
Agreement.
(d) United States Enforcement Authority.--Nothing in this
Act or the Agreement affects any right of the United States
to take any action, including environmental actions, under
any laws (including regulations and the common law) relating
to human health, safety, or the environment.
SEC. 13. USE OF LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.
(a) Use of Amounts.--
(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.
(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.
(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.
SEC. 14. TRUST FUNDS.
(a) Establishment.--There is established in the Treasury of
the United States--
(1) a fund to be known as the ``Rural Water System
Construction Fund'', consisting of--
(A) the funds made available under section 13;
(B) the amounts appropriated to the fund pursuant to
subsections (a) and (i) of section 16, as applicable; and
(C) the funds provided in subparagraph 13.3 of the
Agreement; and
(2) a fund to be known as the ``Rural Water System OM&R
Fund'', consisting of amounts appropriated to the fund
pursuant to section 16(b).
(b) Management.--The Secretary shall manage the Rural Water
System Construction Fund and the Rural Water System OM&R
Fund, including by--
(1) making investments from the funds; and
(2) distributing amounts from the funds to the Tribe, in
accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(c) Investment of Funds.--The Secretary shall invest
amounts in the funds in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(3) subsection (b);
(4) the obligations of Federal corporations and Federal
Government-sponsored entities the charter documents of which
provide that the obligations of the entities are lawful
investments for federally managed funds, including--
(A) the obligations of the United States Postal Service
described in section 2005 of title 39, United States Code;
(B) bonds and other obligations of the Tennessee Valley
Authority described in section 15d of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831n-4);
(C) mortgages, obligations, and other securities of the
Federal Home Loan Mortgage Corporation described in section
303 of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1452); and
(D) bonds, notes, and debentures of the Commodity Credit
Corporation described in section 4 of the Act of March 8,
1938 (15 U.S.C. 713a-4); and
(5) the obligations referred to in section 201 of the
Social Security Act (42 U.S.C. 401).
(d) Expenditures and Withdrawals.--
(1) Tribal management plans.--
(A) In general.--The Tribe may withdraw any portion of the
Rural Water System Construction Fund or the Rural Water
System OM&R Fund on approval by the Secretary of a tribal
management plan under the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
that Act (25 U.S.C. 4001 et seq.), the tribal management plan
shall require that the Tribe shall--
(i) use amounts in the Rural Water System Construction Fund
only for the planning, design, and construction of the rural
water system, including such sums as are necessary--
(I) for the Bureau to carry out oversight of the planning,
design, and construction of the rural water system; and
(II) to carry out all required environmental compliance
activities associated with the planning, design, and
construction of the rural water system; and
(ii) use amounts in the Rural Water System OM&R Fund only
for the operation, maintenance, and replacement costs
associated with the delivery of water through the rural water
system.
(2) Enforcement.--The Secretary may pursue such judicial
remedies and carry out such administrative actions as are
necessary to enforce the tribal management plan to ensure
that amounts in the Rural Water System Construction Fund and
the Rural Water System OM&R Fund are used in accordance with
this section.
(3) Liability.--On withdrawal by the Tribe of amounts in
the Rural Water System Construction Fund or the Rural Water
System OM&R Fund, the Secretary and the Secretary of the
Treasury shall not retain liability for the expenditure or
investment of those amounts.
(4) Expenditure plan.--
(A) In general.--The Tribe shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the funds under this section that the Tribe does
not withdraw pursuant to this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, the amounts
remaining in the funds will be used.
(C) Approval.--The Secretary shall approve an expenditure
plan under this paragraph if the Secretary determines that
the plan is--
(i) reasonable; and
(ii) consistent with this Act.
(5) Annual reports.--The Tribe shall submit to the
Secretary an annual report that describes each expenditure
from the Rural Water System Construction Fund and the Rural
Water System OM&R Fund during the year covered by the report.
(e) Prohibition on Per Capita Distributions.--No amount of
the principal, or the
[[Page S832]]
interest or income accruing on the principal, of the Rural
Water System Construction Fund or the Rural Water System OM&R
Fund shall be distributed to any member of the Tribe on a per
capita basis.
(f) Funds Not Available Until Enforceability Date.--Amounts
in the Rural Water System Construction Fund and the Rural
Water System OM&R Fund shall not be available for expenditure
or withdrawal by the Tribe until the enforceability date.
SEC. 15. MISCELLANEOUS PROVISIONS.
(a) Limited Waiver of Sovereign Immunity.--
(1) In general.--In the case of a civil action described in
paragraph (2)--
(A) the United States or the Tribe, or both, may be joined
in the civil action; and
(B) any claim by the United States or the Tribe to
sovereign immunity from the civil action is waived for the
sole purpose of resolving any issue regarding the
interpretation or enforcement of this Act or the Agreement.
(2) Description of civil action.--A civil action referred
to in paragraph (1) is a civil action filed--
(A) by any party to the Agreement or signatory to an
exhibit to the Agreement in a United States or State court
that--
(i) relates solely and directly to the interpretation or
enforcement of this Act or the Agreement; and
(ii) names as a party the United States or the Tribe; or
(B) by a landowner or water user in the Gila River basin or
Little Colorado River basin in the State that--
(i) relates solely and directly to the interpretation or
enforcement of paragraph 12.0 of the Agreement; and
(ii) names as a party the United States or the Tribe.
(b) Effect of Act.--Nothing in this Act quantifies or
otherwise affects any water right or claim or entitlement to
water of any Indian tribe, band, or community other than the
Tribe.
(c) Limitation on Liability of United States.--
(1) In general.--The United States shall have no trust or
other obligation--
(A) to monitor, administer, or account for, in any manner,
any amount paid to the Tribe by any party to the Agreement
other than the United States; or
(B) to review or approve the expenditure of those funds.
(2) Indemnification.--The Tribe shall indemnify the United
States, and hold the United States harmless, with respect to
any claim (including claims for takings or breach of trust)
arising out of the receipt or expenditure of funds described
in paragraph (1)(A).
(d) Applicability of Reclamation Reform Act.--The
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and
any other acreage limitation or full-cost pricing provision
under Federal law shall not apply to any individual, entity,
or land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) the execution of this Act; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(e) Treatment of Tribal Water Rights.--The tribal water
rights--
(1) shall be held in trust by the United States in
perpetuity; and
(2) shall not be subject to forfeiture or abandonment.
(f) Secretarial Power Sites.--The portions of the following
named secretarial power site reserves that are located on the
reservation shall be transferred and restored into the name
of the Tribe:
(1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27
E.).
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26
E.; T. 3 N., R. 26 E.).
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21
E.; T. 5 N., R. 19 E.).
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
(6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16
E.).
(g) No Effect on Future Allocations.--Water received under
a lease or exchange of tribal CAP water under this Act shall
not affect any future allocation or reallocation of CAP water
by the Secretary.
(h) After-Acquired Trust Lands.--
(1) Requirement of act of congress.--
(A) Legal title.--After the enforceability date, if the
Tribe seeks to have legal title to additional land in the
State of Arizona located outside the exterior boundaries of
the reservation taken into trust by the United States for its
benefit, the Tribe may do so only pursuant to an Act of
Congress specifically authorizing the transfer for the
benefit of the Tribe.
(B) Exceptions.--Subparagraph (A) shall not apply to--
(i) restoration of land to the reservation subsequently and
finally determined to be part of the reservation through
resolution of any dispute between the Tribe and the United
States over the location of the reservation boundary unless
required by Federal law; or
(ii) off-reservation trust land acquired prior to January
1, 2008.
(2) Water rights.--
(A) In general.--Under this section, after-acquired trust
land outside the reservation shall not include federally
reserved rights to surface water or groundwater.
(B) Restored land.--Land restored to the reservation as the
result of resolution of any reservation boundary dispute
between the Tribe and the United States, or any fee simple
land within the reservation that are placed into trust, shall
have water rights pursuant to section 11(b).
(3) Acceptance of land in trust status.--
(A) In general.--If the Tribe acquires legal fee title to
land that is located within the exterior boundaries of the
reservation, the Secretary shall accept the land in trust
status for the benefit of the Tribe in accordance with
applicable Federal law (including regulations) for such real
estate acquisitions.
(B) Reservation status.--Land taken or held in trust by the
Secretary under paragraph (3), or restored to the reservation
as a result of resolution of a boundary dispute between the
Tribe and the United States, shall be deemed to be part of
the reservation.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
(a) Rural Water System.--
(1) Planning, engineering, design, and construction.--
(A) In general.--There is authorized to be appropriated for
the planning, engineering, design, and construction of the
WMAT rural water system $126,193,000, as adjusted in
accordance with subparagraph (B), less--
(i) the amount of funding applied toward the planning,
engineering, design, and construction of the WMAT rural water
system under section 13; and
(ii) the funds to be provided under subparagraph 13.3 of
the Agreement.
(B) Adjustments and inclusions.--The amount authorized to
be appropriated under subparagraph (A) shall--
(i) be adjusted as may be required due to changes in
construction costs of the rural water system, as indicated by
engineering cost indices applicable to the types of planning,
engineering, design, and construction occurring after October
1, 2007; and
(ii) include such sums as are necessary for the Bureau to
carry out oversight of activities for planning, design, and
construction of the rural water system.
(2) Environmental compliance.--There are authorized to be
appropriated to the Secretary such sums as are necessary to
carry out all required Federal environmental compliance
activities associated with the planning, engineering, design,
and construction of the rural water system.
(b) Rural Water System OM&R.--There is authorized to be
appropriated $50,000,000 for the operation, maintenance, and
replacement costs of the rural water system.
(c) Rehabilitation of Recreation Facilities, National Fish
Hatcheries, and Existing Irrigation Systems.--There are
authorized to be appropriated, for use in accordance with
section 8--
(1) $23,675,000 to complete the Hawley Lake, Horseshoe
Lake, Reservation Lake, Sunrise Lake, and Big and Little Bear
Lake reconstruction projects and facilities improvements;
(2) $7,472,000 to the United States Fish and Wildlife
Service for the rehabilitation and improvement of the
Alchesay-Williams Creek National Fish Hatchery Complex;
(3) $5,000,000 to the Bureau of Indian Affairs for the
planning, design, and construction of the WMAT Fishery
Center; and
(4) for the rehabilitation of existing irrigation systems--
(A) $950,000 for the Canyon Day irrigation system; and
(B) $4,000,000 for the Historic irrigation system.
(d) Feasibility Study of Needed Forest Products
Improvements.--There are authorized to be appropriated--
(1) to the Bureau of Indian Affairs $1,000,000 to conduct a
feasibility study of the rehabilitation and improvement of
forest products manufacturing and forest management on the
reservation in accordance with section 9; and
(2) $24,000,000 to implement the recommendations developed
under the study.
(e) Sunrise Ski Park Snow-Making Infrastructure.--There is
authorized to be appropriated $25,000,000 for the planning,
design, and construction of snow-making infrastructure,
repairs, and expansion at Sunrise Ski Park in accordance with
section 8.
(f) Recreation Impoundments and Related Facilities.--There
is authorized to be appropriated $25,000,000 to carry out
section 10.
(g) Environmental Compliance.--There are authorized to be
appropriated to the Secretary such sums as are necessary to
carry out all required environmental compliance activities
associated with the Agreement and this Act.
(h) Cost Indexing.--The amounts authorized to be
appropriated under this section shall be adjusted as
appropriate, based on ordinary fluctuations in engineering
cost indices applicable for the relevant types of
construction, if any, during the period beginning on October
1, 2007, and ending on the date on which the amounts are made
available.
(i) Emergency Fund for Indian Safety and Health.--Effective
beginning on January 1, 2010, if the Secretary determines
that, on an annual basis, the deadline described in section
12(c)(2) is not likely to be met because the funds authorized
in sections 13 and 16(a) have not been appropriated and
deposited in the Rural Water System Construction Fund, not
more than $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.)
[[Page S833]]
shall be transferred to the Rural Water System Construction
Fund, as necessary to complete the WMAT rural water system
project.
SEC. 17. ANTIDEFICIENCY.
The United States shall not be liable for failure to carry
out any obligation or activity authorized to be carried out,
subject to appropriations, under this Act (including any such
obligation or activity under the Agreement) if adequate
appropriations for that purpose are not provided by Congress.
SEC. 18. REPEAL ON FAILURE OF ENFORCEABILITY DATE.
If the Secretary fails to publish in the Federal Register a
statement of findings as required under section 12(c) by not
later than October 31, 2013--
(1) effective beginning on November 1, 2013--
(A) this Act is repealed; and
(B) any action carried out by the Secretary, and any
contract entered into, pursuant to this Act shall be void;
(2) any amounts appropriated under sections 13 and
subsections (a) and (b) of section 16, together with any
interest accrued on those amounts, shall immediately revert
to the general fund of the Treasury; and
(3) any amounts paid by the State in accordance with the
Agreement, together with any interest accrued on those
amounts, shall immediately be returned to the State.
SEC. 19. 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).
____
August 29, 2008.
Senator Jon Kyl,
Phoenix, AZ.
Dear Senator Kyl: We the undersigned representatives of
parties to the White Mountain Apache Tribe Quantification
Agreement have reviewed the attached Quantification
Agreement, Exhibits, and accompanying draft legislation
(``Settlement Documents''). Based upon our participation in
the negotiations and/or our review of the attached Settlement
Documents, we, at this time, intend to express our support
for the Settlement Documents and plan to submit them for our
governing bodies' review and action. As of the date of this
letter, we are not aware of any reason why our governing
bodies would not support the Settlement Documents. The
governing bodies, however, must conduct a final review of the
Settlement Documents and make a decision.
The Settlement Documents may be revised as agreed upon by
the parties. We understand that authorizations for
appropriations included within the draft legislation are
still subject to agreement between you and the White Mountain
Apache Tribe.
Robert Brauchli, White Mountain Apache Tribe; John
Weldon, Salt River Project; Frederic Beeson, Salt River
Project; Lauren Caster, Arizona Water Company; David
Brown, City of Show Low; Michael J. Pearce, Buckeye
Irrigation Company/Buckeye Water Conservation and
Drainage District; William Staudenmaier, Roosevelt
Water Conservation District; Eric Kamienski, City of
Tempe; Stephen Burg, City of Peoria; Elizabeth Miller,
City of Scottsdale; Doug Toy, City of Chandler; Kathy
Rall, Town Gilbert; Kathryn Sorensen, City of Mesa;
Robin Stinnett, City of Avondale; Tom Buschatzke, City
of Phoenix; Stephen Rot, City of Glendale; Gregg Houtz,
Arizona Department of Water Resources.
____
Central Arizona Project,
Phoenix, AZ, September 4, 2008.
Hon. Jon Kyl,
U.S. Senate,
Washington, DC.
Dear Senator Kyl: I am writing as counsel for the Central
Arizona Water Conservation District regarding legislation to
authorize a settlement of the water rights claims of the
White Mountain Apache Tribe. As you know, my staff and I have
been personally involved in the negotiations to settle the
water rights claims of the Tribe. My staff and I have had the
opportunity to review the most recent drafts of the
authorizing legislation and the settlement agreement and we
intend to recommend approval of the settlement to our
governing Board. In our judgment, the proposed settlement is
consistent with the Arizona Water Settlements Act and
represents an important step forward in Arizona's efforts to
resolve outstanding Indian water rights claims. We look
forward to continuing to work with you and the other members
of the Arizona congressional delegation in bringing this
important settlement to fruition.
Sincerely,
Douglas K. Miller,
General Counsel, CAWCD.
______