[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.
                                 ______