[Congressional Record Volume 156, Number 7 (Thursday, January 21, 2010)]
[House]
[Pages H290-H297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2009

  Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 1017, I call up 
the bill (H.R. 1065) to resolve water rights claims of the White 
Mountain Apache Tribe in the State of Arizona, and for other purposes, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1017, the bill 
is considered read.
  The amendment in the nature of a substitute printed in the bill, 
modified by the amendment printed in part C of House Report 111-399, is 
adopted.
  The text of the bill, as amended, is as follows:

                               H.R. 1065

       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; and
       (C) prolong uncertainty concerning the availability of 
     water supplies;
       (3) the Tribe, non-Indian communities located near the 
     reservation of the Tribe, and other Arizona water users have 
     entered into the WMAT Water Rights Quantification Agreement--
       (A) to permanently quantify the water rights of the Tribe, 
     members of the Tribe, and the United States in its capacity 
     as trustee for the Tribe and members in accordance with the 
     Agreement; and
       (B) to seek funding, in accordance with applicable law, for 
     the implementation of the Agreement;
       (4) it is the policy of the United States to quantify and 
     settle Indian water rights claims, and to promote Indian 
     self-determination and economic self-sufficiency, without 
     lengthy and costly litigation, if practicable;
       (5) certainty concerning the extent of the water rights of 
     the Tribe will--
       (A) provide opportunities for economic development of all 
     parties to the proceeding; and
       (B) assist the Tribe to achieve self-determination and 
     self-sufficiency; and
       (6) in keeping with the trust responsibility of the United 
     States to Indian tribes, and to promote tribal sovereignty 
     and economic self-sufficiency, it is appropriate that the 
     United States implement the Agreement.
       (b) Purposes.--The purposes of this Act are--
       (1) to authorize, ratify, and confirm the Agreement;
       (2) to authorize and direct the Secretary to execute the 
     Agreement and carry out all obligations of the Secretary 
     under the Agreement;
       (3) to authorize the actions and appropriations necessary 
     for the United States to meet the obligations of the United 
     States under the Agreement and this Act; and
       (4) to permanently resolve certain damage claims and all 
     water rights claims among--
       (A) the Tribe and its members;
       (B) the United States in its capacity as trustee for the 
     Tribe and its members;
       (C) the parties to the Agreement; and
       (D) all other claimants in the proceedings referred to in 
     subsection (a)(1).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Agreement.--The ``Agreement'' means--
       (A) the WMAT Water Rights Quantification Agreement dated 
     January 13, 2009; and
       (B) any amendment or exhibit (including exhibit amendments) 
     to that agreement that are--
       (i) made in accordance with this Act; or
       (ii) otherwise approved by the Secretary.
       (2) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (3) CAP.--The term ``CAP'' means the reclamation project 
     authorized and constructed by the United States in accordance 
     with title III of the Colorado River Basin Project Act (43 
     U.S.C. 1521 et seq.).
       (4) CAP contractor.--The term ``CAP contractor'' means an 
     individual or entity that has entered into a long-term 
     contract (as that term is used in the repayment stipulation) 
     with the United States for delivery of water through the CAP 
     system.
       (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
     charge'' has the meaning given the term in the repayment 
     stipulation.
       (6) CAP m&i priority water.--The term ``CAP M&I priority 
     water'' means the CAP water having a municipal and industrial 
     delivery priority under the repayment contract.
       (7) CAP subcontractor.--The term ``CAP subcontractor'' 
     means an individual or entity that has entered into a long-
     term subcontract (as that term is used in the repayment 
     stipulation) with the United States and the District for the 
     delivery of water through the CAP system.
       (8) CAP system.--The term ``CAP system'' means--
       (A) the Mark Wilmer Pumping Plant;
       (B) the Hayden-Rhodes Aqueduct;
       (C) the Fannin-McFarland Aqueduct;
       (D) the Tucson Aqueduct;
       (E) any pumping plant or appurtenant works of a feature 
     described in any of subparagraphs (A) through (D); and
       (F) any extension of, addition to, or replacement for a 
     feature described in any of subparagraphs (A) through (E).
       (9) CAP water.--The term ``CAP water'' means ``Project 
     Water'' (as that term is defined in the repayment 
     stipulation).
       (10) Contract.--The term ``Contract'' means--
       (A) the proposed contract between the Tribe and the United 
     States attached as exhibit 7.1 to the Agreement and numbered 
     08-XX-30-W0529; and
       (B) any amendments to that contract.
       (11) District.--The term ``District'' means the Central 
     Arizona Water Conservation District, a political subdivision 
     of the State that is the contractor under the repayment 
     contract.
       (12) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 9(d)(1).
       (13) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (14) Injury to water rights.--
       (A) In general.--The term ``injury to water rights'' means 
     an interference with, diminution of, or deprivation of, a 
     water right under Federal, State, or other law.
       (B) Inclusions.--The term ``injury to water rights'' 
     includes--
       (i) a change in the groundwater table; and
       (ii) any effect of such a change.
       (C) Exclusion.--The term ``injury to water rights'' does 
     not include any injury to water quality.
       (15) Lower colorado river basin development fund.--The term 
     ``Lower Colorado River Basin Development Fund'' means the 
     fund established by section 403 of the Colorado River Basin 
     Project Act (43 U.S.C. 1543).
       (16) Off-reservation trust land.--The term ``off-
     reservation trust land'' means land--
       (A) located outside the exterior boundaries of the 
     reservation that is held in trust by the United States for 
     the benefit of the Tribe as of the enforceability date; and
       (B) depicted on the map attached to the Agreement as 
     exhibit 2.57.
       (17) Operating agency.--The term ``Operating Agency'' means 
     the 1 or more entities authorized to assume responsibility 
     for the care, operation, maintenance, and replacement of the 
     CAP system.
       (18) Repayment contract.--The term ``repayment contract'' 
     means--
       (A) the contract between the United States and the District 
     for delivery of water and repayment of the costs of the CAP, 
     numbered 14-06-W-245 (Amendment No. 1), and dated December 1, 
     1988; and
       (B) any amendment to, or revision of, that contract.
       (19) Repayment stipulation.--The term ``repayment 
     stipulation'' means the stipulated judgment and the 
     stipulation for judgment (including any exhibits to those 
     documents) entered on November 21, 2007, in the United States 
     District Court for the District of Arizona in the 
     consolidated civil action styled Central Arizona Water 
     Conservation District v. United States, et al., and numbered 
     CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
       (20) Reservation.--
       (A) In general.--The term ``reservation'' means the land 
     within the exterior boundary of the White Mountain Indian 
     Reservation established by the Executive order dated November 
     9, 1871, as modified by subsequent Executive orders and Acts 
     of Congress--
       (i) known on the date of enactment of this Act as the 
     ``Fort Apache Reservation'' pursuant to the Act of June 7, 
     1897 (30 Stat. 62, chapter 3); and
       (ii) generally depicted on the map attached to the 
     Agreement as exhibit 2.81.

[[Page H291]]

       (B) No effect on dispute or as admission.--The depiction of 
     the reservation described in subparagraph (A)(ii) shall not--
       (i) be used to affect any dispute between the Tribe and the 
     United States concerning the legal boundary of the 
     reservation; and
       (ii) constitute an admission by the Tribe with regard to 
     any dispute between the Tribe and the United States 
     concerning the legal boundary of the reservation.
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (22) State.--The term ``State'' means the State of Arizona.
       (23) Tribal cap water.--The term ``tribal CAP water'' means 
     the CAP water to which the Tribe is entitled pursuant to the 
     Contract.
       (24) Tribal water rights.--The term ``tribal water rights'' 
     means the water rights of the Tribe described in paragraph 
     4.0 of the Agreement.
       (25) Tribe.--The term ``Tribe'' means the White Mountain 
     Apache Tribe organized under section 16 of the Act of June 
     18, 1934 (commonly known as the ``Indian Reorganization 
     Act'') (25 U.S.C. 476).
       (26) Water right.--The term ``water right'' means any right 
     in or to groundwater, surface water, or effluent under 
     Federal, State, or other law.
       (27) WMAT rural water system.--The term ``WMAT rural water 
     system'' means the municipal, rural, and industrial water 
     diversion, storage, and delivery system described in section 
     7.
       (28) Year.--The term ``year'' means a calendar year.

     SEC. 4. APPROVAL OF AGREEMENT.

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

     SEC. 5. WATER RIGHTS.

       (a) Treatment of Tribal Water Rights.--The tribal water 
     rights--
       (1) shall be held in trust by the United States in 
     perpetuity; and
       (2) shall not be subject to forfeiture or abandonment.
       (b) Reallocation.--
       (1) In general.--In accordance with this Act and the 
     Agreement, the Secretary shall reallocate to the Tribe, and 
     offer to enter into a contract with the Tribe for the 
     delivery in accordance with this section of--
       (A) an annual entitlement to 23,782 acre-feet per year of 
     CAP water that has a non-Indian agricultural delivery 
     priority (as defined in the Contract) in accordance with 
     section 104(a)(1)(A)(iii) of the Arizona Water Settlements 
     Act (Public Law 108-451; 118 Stat. 3488), of which--
       (i) 3,750 acre-feet per year shall be firmed by the United 
     States for the benefit of the Tribe for the 100-year period 
     beginning on January 1, 2008, with priority equivalent to CAP 
     M&I priority water, in accordance with section 105(b)(1)(B) 
     of that Act (118 Stat. 3492); and
       (ii) 3,750 acre-feet per year shall be firmed by the State 
     for the benefit of the Tribe for the 100-year period 
     beginning on January 1, 2008, with priority equivalent to CAP 
     M&I priority water, in accordance with section 105(b)(2)(B) 
     of that Act (118 Stat. 3492); and
       (B) an annual entitlement to 1,218 acre-feet per year of 
     the water--
       (i) acquired by the Secretary through the permanent 
     relinquishment of the Harquahala Valley Irrigation District 
     CAP subcontract entitlement in accordance with the contract 
     numbered 3-07-30-W0290 among the District, Harquahala Valley 
     Irrigation District, and the United States; and
       (ii) converted to CAP Indian Priority water (as defined in 
     the Contract) pursuant to the Fort McDowell Indian Community 
     Water Rights Settlement Act of 1990 (Public Law 101-628; 104 
     Stat. 4480).
       (2) Authority of tribe.--Subject to approval by the 
     Secretary under section 6(a)(1), the Tribe shall have the 
     sole authority to lease, distribute, exchange, or allocate 
     the tribal CAP water described in paragraph (1).
       (c) Water Service Capital Charges.--The Tribe shall not be 
     responsible for any water service capital charge for tribal 
     CAP water.
       (d) Allocation and Repayment.--For the purpose of 
     determining the allocation and repayment of costs of any 
     stages of the CAP constructed after November 21, 2007, the 
     costs associated with the delivery of water described in 
     subsection (b), regardless of whether the water is delivered 
     for use by the Tribe or in accordance with any assignment, 
     exchange, lease, option to lease, or other agreement for the 
     temporary disposition of water entered into by Tribe, shall 
     be--
       (1) nonreimbursable; and
       (2) excluded from the repayment obligation of the District.
       (e) Water Code.--Not later than 18 months after the 
     enforceability date, the Tribe shall enact a water code 
     that--
       (1) governs the tribal water rights; and
       (2) includes, at a minimum--
       (A) provisions requiring the measurement, calculation, and 
     recording of all diversions and depletions of water on the 
     reservation and on off-reservation trust land;
       (B) terms of a water conservation plan, including 
     objectives, conservation measures, and an implementation 
     timeline;
       (C) provisions requiring the approval of the Tribe for the 
     severance and transfer of rights to the use of water from 
     historically irrigated land identified in paragraph 11.3.2.1 
     of the Agreement to diversions and depletions on other non-
     historically irrigated land not located on the watershed of 
     the same water source; and
       (D) provisions requiring the authorization of the Tribe for 
     all diversions of water on the reservation and on off-
     reservation trust land by any individual or entity other than 
     the Tribe.

     SEC. 6. CONTRACT.

       (a)  In General.--The Secretary shall enter into the 
     Contract, in accordance with the Agreement, to provide, among 
     other things, that--
       (1) the Tribe, on approval of the Secretary, may--
       (A) enter into contracts or options to lease, contracts to 
     exchange, or options to exchange tribal CAP water in 
     Maricopa, Pinal, Pima, and Yavapai Counties in the State 
     providing for the temporary delivery to any individual or 
     entity of any portion of the tribal CAP water, subject to the 
     condition that--
       (i) the term of the contract or option to lease shall not 
     be longer than 100 years;
       (ii) the contracts or options to exchange shall be for the 
     term provided in the contract or option; and
       (iii) a lease or option to lease providing for the 
     temporary delivery of tribal CAP water shall require the 
     lessee to pay to the Operating Agency all CAP fixed OM&R 
     charges and all CAP pumping energy charges (as defined in the 
     repayment stipulation) associated with the leased water; and
       (B) renegotiate any lease at any time during the term of 
     the lease, subject to the condition that the term of the 
     renegotiated lease shall not exceed 100 years;
       (2) no portion of the tribal CAP water may be permanently 
     alienated;
       (3)(A) the Tribe (and not the United States in any 
     capacity) shall be entitled to all consideration due to the 
     Tribe under any contract or option to lease or exchange 
     tribal CAP water entered into by the Tribe; and
       (B) the United States (in any capacity) has no trust or 
     other obligation to monitor, administer, or account for, in 
     any manner--
       (i) any funds received by the Tribe as consideration under 
     a contract or option to lease or exchange tribal CAP water; 
     or
       (ii) the expenditure of those funds;
       (4)(A) all tribal CAP water shall be delivered through the 
     CAP system; and
       (B) if the delivery capacity of the CAP system is 
     significantly reduced or anticipated to be significantly 
     reduced for an extended period of time, the Tribe shall have 
     the same CAP delivery rights as a CAP contractor or CAP 
     subcontractor that is allowed to take delivery of water other 
     than through the CAP system;
       (5) the Tribe may use tribal CAP water on or off the 
     reservation for any purpose;
       (6) as authorized by subsection (f)(2)(A) of section 403 of 
     the Colorado River Basin Project Act (43 U.S.C. 1543) and to 
     the extent that funds are available in the Lower Colorado 
     River Basin Development Fund established by subsection (a) of 
     that section, the United States shall pay to the Operating 
     Agency the CAP fixed OM&R charges associated with the 
     delivery of tribal CAP water (except in the case of tribal 
     CAP water leased by any individual or entity);
       (7) the Secretary shall waive the right of the Secretary to 
     capture all return flow from project exchange water flowing 
     from the exterior boundary of the reservation; and
       (8) no CAP water service capital charge shall be due or 
     payable for the tribal CAP water, regardless of whether the 
     water is delivered for use by the Tribe or pursuant to a 
     contract or option to lease or exchange tribal CAP water 
     entered into by the Tribe.
       (b) Requirements.--The Contract shall be--
       (1) for permanent service (within the meaning of section 5 
     of the Boulder Canyon Project Act (43 U.S.C. 617d)); and
       (2) without limit as to term.
       (c) Ratification.--
       (1) In general.--Except to the extent that any provision of 
     the Contract conflicts with a provision of this Act, the 
     Contract is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Contract is 
     authorized, ratified, and confirmed, to the extent that such 
     an amendment is executed to make the Contract consistent with 
     this Act.

[[Page H292]]

       (d) Execution of Contract.--To the extent that the Contract 
     does not conflict with this Act, the Secretary shall execute 
     the Contract.
       (e) Payment of Charges.--The Tribe, and any recipient of 
     tribal CAP water through a contract or option to lease or 
     exchange, shall not be obligated to pay a water service 
     capital charge or any other charge, payment, or fee for CAP 
     water, except as provided in an applicable lease or exchange 
     agreement.
       (f) Prohibitions.--
       (1) Use outside state.--No tribal CAP water may be leased, 
     exchanged, forborne, or otherwise transferred by the Tribe in 
     any way for use directly or indirectly outside the State.
       (2) Use off reservation.--Except as authorized by this 
     section and paragraph 4.7 of the Agreement, no tribal water 
     rights under this Act may be sold, leased, transferred, or 
     used outside the boundaries of the reservation or off-
     reservation trust land other than pursuant to an exchange.
       (3) Agreements with arizona water banking authority.--
     Nothing in this Act or the Agreement limits the right of the 
     Tribe to enter into an agreement with the Arizona Water 
     Banking Authority established by section 45-2421 of the 
     Arizona Revised Statutes (or any successor entity), in 
     accordance with State law.
       (g) Leases.--
       (1) In general.--To the extent the leases of tribal CAP 
     Water by the Tribe to the District and to any of the cities, 
     attached as exhibits to the Agreement, are not in conflict 
     with the provisions of this Act--
       (A) those leases are authorized, ratified, and confirmed; 
     and
       (B) the Secretary shall execute the leases.
       (2) Amendments.--To the extent that amendments are executed 
     to make the leases described in paragraph (1) consistent with 
     this Act, those amendments are authorized, ratified, and 
     confirmed.

     SEC. 7. AUTHORIZATION OF RURAL WATER SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the Bureau, 
     shall plan, design, construct, operate, maintain, replace, 
     and rehabilitate the WMAT rural water system as generally 
     described in the project extension report dated February 
     2007.
       (b) Components.--The WMAT rural water system under 
     subsection (a) shall consist of--
       (1) a dam and storage reservoir, pumping plant, and 
     treatment facilities located along the North Fork White River 
     near the community of Whiteriver;
       (2) pipelines extending from the water treatment plants to 
     existing water distribution systems serving the Whiteriver, 
     Carrizo, and Cibecue areas, together with other communities 
     along the pipeline;
       (3) connections to existing distribution facilities, 
     including public and private water systems in existence on 
     the date of enactment of this Act;
       (4) appurtenant buildings and access roads;
       (5) electrical power transmission and distribution 
     facilities necessary for services to rural water system 
     facilities;
       (6) all property and property rights necessary for the 
     facilities described in this subsection; and
       (7) such other project components as the Secretary 
     determines to be appropriate to meet the water supply, 
     economic, public health, and environmental needs of the 
     portions of the reservation served by the WMAT rural water 
     system, including water storage tanks, water lines, and other 
     facilities for the Tribe and the villages and towns on the 
     reservation.
       (c) Service Area.--The service area of the WMAT rural water 
     system shall be as described in the Project Extension report 
     dated February 2007.
       (d) Construction Requirements.--The components of the WMAT 
     rural water system shall be planned and constructed to a size 
     that is sufficient to meet the municipal, rural, and 
     industrial water supply requirements of the WMAT rural water 
     system service area during the period beginning on the date 
     of enactment of this Act and ending not earlier than December 
     31, 2040.
       (e) Title.--
       (1) In general.--Title to the WMAT rural water system shall 
     be held in trust by the United States in its capacity as 
     trustee for the Tribe.
       (2) Conveyance to tribe.--The Secretary may convey to the 
     Tribe title to the WMAT rural water system after publication 
     by the Secretary in the Federal Register of a statement of 
     findings that--
       (A) the designers' operating criteria, standing operating 
     procedures, emergency action plan, and first filling and 
     monitoring criteria are established and in place, and the 
     WMAT rural water system has been declared substantially 
     complete;
       (B) the funds authorized to be appropriated under section 
     12(b)(3)(B) have been appropriated and deposited in the WMAT 
     Maintenance Fund; and
       (C) the Tribe has been operating successfully under the 
     established standing operating procedures for a period of 5 
     calendar years.
       (3) Alienation and taxation.--Conveyance of title to the 
     Tribe pursuant to paragraph (2) does not waive or alter any 
     applicable Federal law prohibiting alienation or taxation of 
     the WMAT rural water system or the underlying reservation 
     land.
       (f) Technical Assistance.--The Secretary shall provide such 
     technical assistance as is necessary to enable the Tribe to 
     plan, design, construct, operate, maintain, and replace the 
     WMAT rural water system, including operation and management 
     training.
       (g) Applicability of ISDEAA.--
       (1) Agreement for specific activities.--On receipt of a 
     request of the Tribe, and in accordance with the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), the Secretary shall enter into an agreement with the 
     Tribe to carry out the activities authorized by this section.
       (2) Contracts.--Any contract entered into pursuant to the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.) for the purpose of carrying out any 
     provision of this Act shall incorporate such provisions 
     regarding periodic payment of funds, timing for use of funds, 
     transparency, oversight, reporting, and accountability as the 
     Secretary determines to be necessary (at the sole discretion 
     of the Secretary) to ensure appropriate stewardship of 
     Federal funds.
       (h) Condition.--As a condition of construction of the 
     facilities authorized by this section, the Tribe shall 
     provide, at no cost to the Secretary, all land or interests 
     in land, as appropriate, that the Secretary identifies as 
     being necessary for those facilities.
       (i) Operation and Maintenance.--Subject to the availability 
     of appropriations as provided for in section 12(e), the 
     Secretary, acting through the Bureau, shall operate and 
     maintain the WMAT rural water system until the date on which 
     title to the WMAT rural water system is conveyed to the Tribe 
     pursuant to subsection (e)(2).

     SEC. 8. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits realized by the Tribe and its 
     members under this Act shall be in full satisfaction of all 
     claims of the Tribe and its members for water rights and 
     injury to water rights, except as set forth in the Agreement, 
     under Federal, State, or other law with respect to the 
     reservation and off-reservation trust land.
       (b) Uses of Water.--All uses of water on land outside of 
     the reservation, if and when such land is subsequently and 
     finally determined to be part of the reservation through 
     resolution of any dispute between the Tribe and the United 
     States over the location of the reservation boundary, and any 
     fee land within the reservation put into trust and made part 
     of the reservation, shall be subject to the maximum annual 
     diversion amounts and the maximum annual depletion amounts 
     specified in the Agreement.
       (c) No Recognition of Water Rights.--Notwithstanding 
     subsection (a), nothing in this Act has the effect of 
     recognizing or establishing any right of a member of the 
     Tribe to water on the reservation.

     SEC. 9. WAIVER AND RELEASE OF CLAIMS.

       (a) In General.---
       (1) Claims against the state and others.--Except as 
     provided in subsection (b)(1), the Tribe, on behalf of itself 
     and its members, and the United States, acting in its 
     capacity of trustee for the Tribe and its members, as part of 
     the performance of their obligations under the Agreement, are 
     authorized to execute a waiver and release of any claims 
     against the State (or any agency or political subdivision of 
     the State), or any other person, entity, corporation, or 
     municipal corporation under Federal, State, or other law for 
     all--
       (A)(i) past, present, and future claims for water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial and, thereafter, forever; and
       (ii) past, present, and future claims for water rights 
     arising from time immemorial and, thereafter, forever, that 
     are based on aboriginal occupancy of land by the Tribe, its 
     members, or their predecessors;
       (B)(i) past and present claims for injury to water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial through the enforceability date;
       (ii) past, present, and future claims for injury to water 
     rights arising from time immemorial and, thereafter, forever, 
     that are based on aboriginal occupancy of land by the Tribe 
     and its members, or their predecessors; and
       (iii) claims for injury to water rights arising after the 
     enforceability date for the reservation and off-reservation 
     trust land resulting from off-reservation diversion or use of 
     water in a manner not in violation of the Agreement or State 
     law; and
       (C) past, present, and future claims arising out of or 
     relating in any manner to the negotiation, execution, or 
     adoption of the Agreement, an applicable settlement judgement 
     or decree, or this Act.
       (2) Claims against tribe.--Except as provided in subsection 
     (b)(3), the United States, in all its capacities (except as 
     trustee for an Indian tribe other than the Tribe), as part of 
     the performance of its obligations under the Agreement, is 
     authorized to execute a waiver and release of any and all 
     claims against the Tribe, its members, or any agency, 
     official, or employee of the Tribe, under Federal, State, or 
     any other law for all--
       (A) past and present claims for injury to water rights 
     resulting from the diversion or use of water on the 
     reservation and on off-reservation trust land arising from 
     time immemorial through the enforceability date;
       (B) claims for injury to water rights arising after the 
     enforceability date resulting from the diversion or use of 
     water on the reservation and on off-reservation trust land in 
     a manner not in violation of the Agreement; and
       (C) past, present, and future claims arising out of or 
     related in any manner to the negotiation, execution, or 
     adoption of the Agreement, an applicable settlement judgement 
     or decree, or this Act.
       (3) Claims against united states.--Except as provided in 
     subsection (b)(2), the Tribe, on behalf of itself and its 
     members, as part of the performance of the obligations of the 
     Tribe under the Agreement, is authorized to execute a waiver 
     and release of any claim against the United

[[Page H293]]

     States, including agencies, officials, or employees of the 
     United States (except in the capacity of the United States as 
     trustee for other Indian tribes), under Federal, State, or 
     other law for any and all--
       (A)(i) past, present, and future claims for water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial and, thereafter, forever; and
       (ii) past, present, and future claims for water rights 
     arising from time immemorial and, thereafter, forever that 
     are based on aboriginal occupancy of land by the Tribe, its 
     members, or their predecessors;
       (B)(i) past and present claims relating in any manner to 
     damages, losses, or injuries to water, water rights, land, or 
     other resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion, or 
     taking of water, or claims relating to failure to protect, 
     acquire, or develop water, water rights, or water 
     infrastructure) within the reservation and off-reservation 
     trust land that first accrued at any time prior to the 
     enforceability date;
       (ii) past, present, and future claims for injury to water 
     rights arising from time immemorial and, thereafter, forever 
     that are based on aboriginal occupancy of land by the Tribe, 
     its members, or their predecessors; and
       (iii) claims for injury to water rights arising after the 
     enforceability date for the reservation and off-reservation 
     trust land resulting from the off-reservation diversion or 
     use of water in a manner not in violation of the Agreement or 
     applicable law;
       (C) past, present, and future claims arising out of or 
     relating in any manner to the negotiation, execution, or 
     adoption of the Agreement, an applicable settlement judgment 
     or decree, or this Act;
       (D) past and present claims relating in any manner to 
     pending litigation of claims relating to the water rights of 
     the Tribe for the reservation and off-reservation trust land;
       (E) past and present claims relating to the operation, 
     maintenance, and replacement of existing irrigation systems 
     on the reservation constructed prior to the enforceability 
     date that first accrued at any time prior to the 
     enforceability date, which waiver shall only become effective 
     on the full appropriation and payment to the Tribe of 
     $4,950,000 authorized by section 12(b)(2)(B);
       (F) future claims relating to operation, maintenance, and 
     replacement of the WMAT rural water system, which waiver 
     shall only become effective on the full appropriation of 
     funds authorized by section 12(b)(3)(B) and the deposit of 
     those funds in the WMAT Maintenance Fund;
       (G) past and present breach of trust and negligence claims 
     for damage to the land and natural resources of the Tribe 
     caused by riparian and other vegetative manipulation by the 
     United States for the purpose of increasing water runoff from 
     the reservation that first accrued at any time prior to the 
     enforceability date; and
       (H) past and present claims for trespass, use, and 
     occupancy of the reservation in, on, and along the Black 
     River that first accrued at any time prior to the 
     enforceability date.
       (b) Reservation of Rights and Retention of Claims.--
       (1) Reservation of rights and retention of claims by tribe 
     and united states.--
       (A) In general.--Notwithstanding the waiver and release of 
     claims authorized under subsection (a)(1), the Tribe, on 
     behalf of itself and the members of the Tribe, and the United 
     States, acting as trustee for the Tribe and members of the 
     Tribe, shall retain any right--
       (i) subject to subparagraph 16.9 of the Agreement, to 
     assert claims for injuries to, and seek enforcement of, the 
     rights of the Tribe and members of the Tribe under the 
     Agreement or this Act in any Federal or State court of 
     competent jurisdiction;
       (ii) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Tribe under the judgment and decree 
     entered by the court in the Gila River adjudication 
     proceedings;
       (iii) to assert claims for injuries to, and seek 
     enforcement of, the rights of the Tribe under the judgment 
     and decree entered by the court in the Little Colorado River 
     adjudication proceedings;
       (iv) to object to any claims by or for any other Indian 
     tribe, Indian community or nation, or dependent Indian 
     community, or the United States on behalf of such a tribe, 
     community, or nation;
       (v) to participate in the Gila River adjudication 
     proceedings and the Little Colorado River adjudication 
     proceedings to the extent provided in subparagraph 14.1 of 
     the Agreement;
       (vi) to assert any claims arising after the enforceability 
     date for injury to water rights not specifically waived under 
     this section;
       (vii) to assert any past, present, or future claim for 
     injury to water rights against any other Indian tribe, Indian 
     community or nation, dependent Indian community, allottee, or 
     the United States on behalf of such a tribe, community, 
     nation, or allottee; and
       (viii) to assert any past, present, or future claim for 
     trespass, use, and occupancy of the reservation in, on, or 
     along the Black River against Freeport-McMoRan Copper & Gold, 
     Inc., Phelps Dodge Corporation, or Phelps Dodge Morenci, Inc. 
     (or a predecessor or successor of those entities), including 
     all subsidiaries and affiliates of those entities.
       (B) Agreement.--On terms acceptable to the Tribe and the 
     United States, the Tribe and the United States are authorized 
     to enter into an agreement with Freeport-McMoRan Copper & 
     Gold, Inc., Phelps Dodge Corporation, or Phelps Dodge 
     Morenci, Inc. (or a predecessor or successor of those 
     entities), including all subsidiaries and affiliates of those 
     entities, to resolve the claims of the Tribe relating to the 
     trespass, use, and occupancy of the reservation in, on, and 
     along the Black River.
       (2) Reservation of rights and retention of claims by tribe 
     against united states.--Notwithstanding the waiver and 
     release of claims authorized under subsection (a)(3), the 
     Tribe, on behalf of itself and the members of the Tribe, 
     shall retain any right--
       (A) subject to subparagraph 16.9 of the Agreement, to 
     assert claims for injuries to, and seek enforcement of, the 
     rights of the Tribe and members under the Agreement or this 
     Act, in any Federal or State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Tribe and members under the judgment 
     and decree entered by the court in the Gila River 
     adjudication proceedings;
       (C) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Tribe and members under the judgment 
     and decree entered by the court in the Little Colorado River 
     adjudication proceedings;
       (D) to object to any claims by or for any other Indian 
     tribe, Indian community or nation, dependent Indian 
     community, or the United States on behalf of such a tribe, 
     community, or nation;
       (E) to assert past, present, or future claims for injury to 
     water rights or any other claims other than a claim to water 
     rights, against any other Indian tribe, Indian community or 
     nation, dependent Indian community, or the United States on 
     behalf of such a tribe, community, or nation;
       (F) to assert claims arising after the enforceability date 
     for injury to water rights resulting from the drilling of 
     wells or pumping of water from land located within national 
     forest land as of the effective date of the Agreement in the 
     south \1/2\ of T. 9 N., R. 24 E.; south \1/2\ of T. 9 N., R. 
     25 E.; north \1/2\ of T. 8 N., R. 24 E.; north \1/2\ of T. 8 
     N., R. 25 E., if--
       (i) title to that land is no longer retained by the United 
     States; or
       (ii) water from that land is transported off the land for 
     municipal or industrial use;
       (G) to assert any claims arising after the enforceability 
     date for injury to water rights not specifically waived under 
     this section;
       (H) to assert any other claims not specifically waived 
     under this section; and
       (I) to assert any claim arising after the enforceability 
     date for a future taking by the United States of reservation 
     land, off-reservation trust land, or any property rights 
     appurtenant to that land, including any water rights set 
     forth in paragraph 4.0 of the Agreement.
       (3) Reservation of rights and retention of claims by united 
     states.--Notwithstanding the waiver and release of claims 
     authorized under subsection (a)(2), the United States shall 
     retain any right to assert any claim not specifically waived 
     in that subsection.
       (c) Effectiveness of Waiver and Releases.--Except as 
     otherwise specifically provided in subparagraphs (E) and (F) 
     of subsection (a)(3), the waivers and releases under 
     subsection (a) shall become effective on the enforceability 
     date.
       (d) Enforceability Date.--
       (1) In general.--This section takes effect on the date on 
     which the Secretary publishes in the Federal Register a 
     statement of findings that--
       (A)(i) to the extent the Agreement conflicts with this Act, 
     the Agreement has been revised through an amendment to 
     eliminate the conflict; and
       (ii) the Agreement, as so revised, has been executed by the 
     Secretary, the Tribe, and the Governor of the State;
       (B) the Secretary has fulfilled the requirements of 
     sections 5 and 6;
       (C) the amount authorized by section 12(a) has been 
     deposited in the White Mountain Apache Tribe Water Rights 
     Settlement Subaccount;
       (D) the State funds described in subparagraph 13.3 of the 
     Agreement have been deposited in the White Mountain Apache 
     Tribe Water Rights Settlement Subaccount;
       (E) the Secretary has issued a record of decision approving 
     the construction of the WMAT rural water system in a 
     configuration substantially similar to that described in 
     section 7; and
       (F) the judgments and decrees substantially in the form of 
     those attached to the Agreement as exhibits 12.9.6.1 and 
     12.9.6.2 have been approved by the respective trial courts.
       (2) Failure of enforceability date to occur.--If, because 
     of the failure of the enforceability date to occur by April 
     30, 2020, this section does not become effective, the Tribe 
     and its members, and the United States, acting in the 
     capacity of trustee for the Tribe and its members, shall 
     retain the right to assert past, present, and future water 
     rights claims and claims for injury to water rights for the 
     reservation and off-reservation trust land.
       (3) No rights to water.--On the occurrence of the 
     enforceability date, all land held by the United States in 
     trust for the Tribe and its members shall have no rights to 
     water other than those specifically quantified for the Tribe 
     and the United States, acting in the capacity of trustee for 
     the Tribe and its members, for the reservation and off-
     reservation trust land pursuant to paragraph 4.0 of the 
     Agreement.
       (e) United States Enforcement Authority.--Nothing in this 
     Act or the Agreement affects any right of the United States 
     to take any action, including environmental actions, under 
     any laws (including regulations and the common law) relating 
     to human health, safety, or the environment.
       (f) No Effect on Water Rights.--Except as provided in 
     paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) 
     of subsection (a), nothing in this Act affects any rights to 
     water of the Tribe, its members, or the United States acting 
     as trustee for the Tribe and members, for land outside the 
     boundaries of the reservation or the off-reservation trust 
     land.

[[Page H294]]

       (g) Entitlements.--Any entitlement to water of the Tribe, 
     its members, or the United States acting as trustee for the 
     Tribe and members, relating to the reservation or off-
     reservation trust land shall be satisfied from the water 
     resources granted, quantified, confirmed, or recognized with 
     respect to the Tribe, members, and the United States by the 
     Agreement and this Act.
       (h) Objection Prohibited.--Except as provided in subsection 
     (b)(2)(F), the Tribe and the United States acting as trustee 
     for the Tribe shall not--
       (1) object to the usage of any well located outside the 
     boundaries of the reservation or the off-reservation trust 
     land, as in existence on the enforceability date; or
       (2) object to, dispute, or challenge after the 
     enforceability date the drilling of any well or the 
     withdrawal and use of water from any well in the Little 
     Colorado River adjudication proceedings, the Gila River 
     adjudication proceedings, or any other judicial or 
     administrative proceeding.

     SEC. 10. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT 
                   SUBACCOUNT.

       (a) Establishment.--There is established in the Lower 
     Colorado River Basin Development Fund a subaccount to be 
     known as the ``White Mountain Apache Tribe Water Rights 
     Settlement Subaccount'', consisting of--
       (1) the amounts made available under subsection (e);
       (2) the amounts appropriated to the subaccount pursuant to 
     subsections (a) and (d) of section 12, as applicable; and
       (3) such other amounts as are available including the funds 
     provided in subparagraph 13.3 of the Agreement.
       (b) Expenditures and Withdrawals.--
       (1) Contracts.--
       (A) In general.--The Tribe may withdraw any portion of the 
     White Mountain Apache Tribe Water Rights Settlement 
     Subaccount on approval by the Secretary pursuant to the terms 
     of an agreement entered into under section 7(g).
       (B) Requirements.--An agreement entered into under section 
     7(g) shall require that the Tribe shall use the amounts in 
     the White Mountain Apache Tribe Water Rights Settlement 
     Subaccount only for the planning, design, and construction of 
     the rural water system, including such sums as are 
     necessary--
       (i) for the Bureau to carry out oversight of the planning, 
     design, and construction of the rural water system;
       (ii) to repay any outstanding balance on the loan 
     authorized by the White Mountain Apache Tribe Rural Water 
     System Loan Authorization Act (Public Law 110-390; 122 Stat. 
     4191); and
       (iii) to carry out all required environmental compliance 
     activities associated with the planning, design, and 
     construction of the rural water system.
       (2) Enforcement.--The Secretary may pursue such judicial 
     remedies and carry out such administrative actions as are 
     necessary to enforce an agreement described in paragraph (1) 
     to ensure that amounts in the White Mountain Apache Tribe 
     Water Rights Settlement Subaccount are used in accordance 
     with this section.
       (3) Liability.--On withdrawal by the Tribe of amounts in 
     the White Mountain Apache Tribe Water Rights Settlement 
     Subaccount, the Secretary and the Secretary of the Treasury 
     shall not retain liability for the expenditure or investment 
     of those amounts.
       (4) Expenditure plan.--
       (A) In general.--The Tribe shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the subaccount under this section that the Tribe 
     does not withdraw pursuant to this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, the amounts 
     remaining in the subaccount will be used.
       (C) Approval.--The Secretary shall approve an expenditure 
     plan under this paragraph if the Secretary determines that 
     the plan is--
       (i) reasonable; and
       (ii) consistent with this Act.
       (5) Annual reports.--The Tribe shall submit to the 
     Secretary an annual report that describes each expenditure 
     from the White Mountain Apache Tribe Water Rights Settlement 
     Subaccount during the year covered by the report.
       (c) Prohibition on Per Capita Distributions.--No amount of 
     the principal, or the interest or income accruing on the 
     principal, of the White Mountain Apache Tribe Water Rights 
     Settlement Subaccount shall be distributed to any member of 
     the Tribe on a per capita basis.
       (d) Availability of Funds.--
       (1) In general.--Amounts in the White Mountain Apache Tribe 
     Water Rights Settlement Subaccount shall not be available for 
     expenditure or withdrawal by the Tribe until the 
     enforceability date.
       (2) Investment.--The Secretary shall invest the amounts in 
     the White Mountain Apache Tribe Water Rights Settlement 
     Subaccount in accordance with section 403(f)(4) of the 
     Colorado River Basin Project Act (43 U.S.C. 1543(f)(4)).
       (3) Use of interest.--The interest accrued on amounts 
     invested under paragraph (2) shall not be available for 
     expenditure or withdrawal until the later of--
       (A) November 1, 2019; and
       (B) the enforceability date.
       (e) Lower Colorado River Basin Development Fund.--
       (1) In general.--Of amounts in the Lower Colorado River 
     Basin Development Fund made available under section 
     403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 
     U.S.C. 1543(f)(D)(vi)), an amount equal to the difference 
     between the balance of the White Mountain Apache Tribe 
     Settlement Subaccount (as of November 1, 2019), and the 
     amount authorized to be appropriated under section 12(a)(1), 
     but not to exceed $100,000,000, shall be deposited, without 
     further appropriation, in the White Mountain Apache Tribe 
     Settlement Subaccount.
       (2) Availability of funds.--The funds authorized to be 
     deposited in the White Mountain Apache Tribe Settlement 
     Subaccount pursuant to paragraph (1) shall not be available 
     for expenditure or withdrawal until the later of--
       (A) November 1, 2019; and
       (B) the enforceability date.

     SEC. 11. MISCELLANEOUS PROVISIONS.

       (a) Limited Waiver of Sovereign Immunity.--
       (1) In general.--In the case of a civil action described in 
     paragraph (2)--
       (A) the United States or the Tribe, or both, may be joined 
     in the civil action; and
       (B) any claim by the United States or the Tribe to 
     sovereign immunity from the civil action is waived for the 
     sole purpose of resolving any issue regarding the 
     interpretation or enforcement of this Act or the Agreement.
       (2) Description of civil action.--A civil action referred 
     to in paragraph (1) is a civil action filed--
       (A) by any party to the Agreement or signatory to an 
     exhibit to the Agreement in a United States or State court 
     that--
       (i) relates solely and directly to the interpretation or 
     enforcement of this Act or the Agreement; and
       (ii) names as a party the United States or the Tribe; or
       (B) by a landowner or water user in the Gila River basin or 
     Little Colorado River basin in the State that--
       (i) relates solely and directly to the interpretation or 
     enforcement of section 9 of this Act and paragraph 12.0 of 
     the Agreement; and
       (ii) names as a party the United States or the Tribe.
       (b) Effect of Act.--Nothing in this Act quantifies or 
     otherwise affects any water right or claim or entitlement to 
     water of any Indian tribe, band, or community other than the 
     Tribe.
       (c) Limitation on Liability of United States.--
       (1) In general.--The United States shall have no trust or 
     other obligation--
       (A) to monitor, administer, or account for, in any manner, 
     any amount paid to the Tribe by any party to the Agreement 
     other than the United States; or
       (B) to review or approve the expenditure of those funds.
       (2) Indemnification.--The Tribe shall indemnify the United 
     States, and hold the United States harmless, with respect to 
     any claim (including claims for takings or breach of trust) 
     arising out of the receipt or expenditure of funds described 
     in paragraph (1)(A).
       (d) Applicability of Reclamation Reform Act.--The 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 
     any other acreage limitation or full-cost pricing provision 
     under Federal law shall not apply to any individual, entity, 
     or land solely on the basis of--
       (1) receipt of any benefit under this Act;
       (2) the execution or performance of the Agreement; or
       (3) the use, storage, delivery, lease, or exchange of CAP 
     water.
       (e) Secretarial Power Sites.--The portions of the following 
     named secretarial power site reserves that are located on the 
     Fort Apache Indian Reservation or the San Carlos Apache 
     Reservation, as applicable, shall be transferred and restored 
     into the name of the Tribe or the San Carlos Apache Tribe, 
     respectively:
       (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 
     E.).
       (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26 
     E.; T. 3 N., R. 26 E.).
       (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
     2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 
     E.; T. 5 N., R. 19 E.).
       (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
       (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
       (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16 
     E.).
       (f) No Effect on Future Allocations.--Water received under 
     a lease or exchange of tribal CAP water under this Act shall 
     not affect any future allocation or reallocation of CAP water 
     by the Secretary.
       (g) After-acquired Trust Land.--
       (1) Requirement of act of congress.--
       (A) Legal title.--After the enforceability date, if the 
     Tribe seeks to have legal title to additional land in the 
     State of Arizona located outside the exterior boundaries of 
     the reservation taken into trust by the United States for its 
     benefit, the Tribe may do so only pursuant to an Act of 
     Congress specifically authorizing the transfer for the 
     benefit of the Tribe.
       (B) Exceptions.--Subparagraph (A) shall not apply to--
       (i) restoration of land to the reservation subsequently and 
     finally determined to be part of the reservation through 
     resolution of any dispute between the Tribe and the United 
     States over the location of the reservation boundary unless 
     required by Federal law; or
       (ii) off-reservation trust land acquired prior to January 
     1, 2008.
       (2) Water rights.--
       (A) In general.--Under this section, after-acquired trust 
     land outside the reservation shall not include federally 
     reserved rights to surface water or groundwater.
       (B) Restored land.--Land restored to the reservation as the 
     result of resolution of any reservation boundary dispute 
     between the Tribe and the United States, or any fee simple 
     land within the reservation that are placed into trust, shall 
     have water rights pursuant to section 8(b).
       (3) Acceptance of land in trust status.--
       (A) In general.--If the Tribe acquires legal fee title to 
     land that is located within the exterior boundaries of the 
     reservation, the Secretary shall accept the land in trust 
     status for the benefit of the Tribe in accordance with 
     applicable

[[Page H295]]

     Federal law (including regulations) for such real estate 
     acquisitions.
       (B) Reservation status.--Land taken or held in trust by the 
     Secretary under paragraph (3), or restored to the reservation 
     as a result of resolution of a boundary dispute between the 
     Tribe and the United States, shall be deemed to be part of 
     the reservation.
       (h) Conforming Amendment.--Section 3(b)(2) of the White 
     Mountain Apache Tribe Rural Water System Loan Authorization 
     Act (Public Law 110-390; 122 Stat. 4191) is amended by 
     striking ``January 1, 2013'' and inserting ``May 1, 2020''.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) Rural Water System.--
       (1) In general.--There is authorized to be appropriated for 
     the planning, engineering, design, environmental compliance, 
     and construction of the WMAT rural water system $126,193,000.
       (2) Inclusions.--The amount authorized to be appropriated 
     under paragraph (1) shall include such sums as are necessary, 
     but not to exceed 4 percent of construction contract costs, 
     for the Bureau to carry out oversight of activities for 
     planning, design, environmental compliance, and construction 
     of the rural water system.
       (b) WMAT Settlement and Maintenance Funds.--
       (1) Definition of funds.--In this subsection, the term 
     ``Funds'' means--
       (A) the WMAT Settlement Fund established by paragraph 
     (2)(A); and
       (B) the WMAT Maintenance Fund established by paragraph 
     (3)(A).
       (2) WMAT settlement fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``WMAT Settlement 
     Fund'', consisting of such amounts as are deposited in the 
     fund under subparagraph (B), together with any interest 
     accrued on those amounts, for use by the Tribe in accordance 
     with subparagraph (C).
       (B) Transfers to fund.--There is authorized to be 
     appropriated to the Secretary $113,500,000 for deposit in the 
     WMAT Settlement Fund, of which not less than $4,950,000 shall 
     be used for the rehabilitation of existing irrigation 
     systems.
       (C) Use of funds.--The Tribe shall use amounts in the WMAT 
     Settlement Fund for any of the following purposes:
       (i) Fish production, including hatcheries.
       (ii) Rehabilitation of recreational lakes and existing 
     irrigation systems.
       (iii) Water-related economic development projects.
       (iv) Protection, restoration, and economic development of 
     forest and watershed health.
       (v) Any cost overruns for the completion of the WMAT rural 
     water system, as provided in subsection (f).
       (3) WMAT maintenance fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``WMAT 
     Maintenance Fund'', consisting of such amounts as are 
     deposited in the fund under subparagraph (B), together with 
     any interest accrued on those amounts, for use by the Tribe 
     in accordance with subparagraph (C).
       (B) Transfers to fund.--There is authorized to be 
     appropriated to the Secretary $50,000,000 for deposit in the 
     WMAT Maintenance Fund.
       (C) Use of funds.--The Tribe or the Secretary, as 
     applicable, shall use amounts in the WMAT Maintenance Fund 
     only for the operation, maintenance, and replacement costs 
     associated with the delivery of water through the rural water 
     system.
       (4) Administration.--The Secretary shall manage the Funds 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by 
     investing amounts in the Funds in accordance with--
       (A) the Act of April 1, 1880 (25 U.S.C. 161); and
       (B) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a).
       (5) Availability of amounts from funds.--Amounts in the 
     Funds shall be available for expenditure or withdrawal only 
     after the enforceability date in accordance with subsection 
     (g).
       (6) Expenditure and withdrawal.--
       (A) Tribal management plan.--
       (i) In general.--The Tribe may withdraw all or part of 
     amounts in the Funds on approval by the Secretary of a tribal 
     management plan as described in the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (ii) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), a tribal management plan under this 
     subparagraph shall require that the Tribe shall spend any 
     amounts withdrawn from the Funds in accordance with the 
     purposes described in paragraph (2)(C) or (3)(C).
       (iii) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of a tribal 
     management plan under this subparagraph to ensure that any 
     amounts withdrawn from the Funds under the plan are used in 
     accordance with this Act and the Agreement.
       (iv) Liability.--If the Tribe exercises the right to 
     withdraw amounts from the Funds, neither the Secretary nor 
     the Secretary of the Treasury shall retain any liability for 
     the expenditure or investment of the amounts.
       (B) Expenditure plan.--
       (i) In general.--The Tribe shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the Funds that the Tribe does not withdraw under 
     the tribal management plan.
       (ii) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, amounts of the 
     Tribe remaining in the Funds will be used.
       (iii) Approval.--On receipt of an expenditure plan under 
     clause (i), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this Act and the Agreement.
       (iv) Annual report.--For each of the Funds, the Tribe shall 
     submit to the Secretary an annual report that describes all 
     expenditures from the Fund during the year covered by the 
     report.
       (C) Certain per capita distributions prohibited.--No amount 
     in the Funds shall be distributed to any member of the Tribe 
     on a per capita basis.
       (c) Cost Indexing.--All amounts authorized to be 
     appropriated under subsections (a) and (b) shall be adjusted 
     as may be required to reflect the changes since October 1, 
     2007, in the construction cost indices applicable to the 
     types of construction involved in the construction of the 
     WMAT rural water supply system, the maintenance of the rural 
     water supply system, and the construction or rehabilitation 
     of the other development projects authorized under subsection 
     (b)(2)(C).
       (d) Emergency Fund for Indian Safety and Health.--
       (1) Definition of emergency fund for indian safety and 
     health.--In this subsection, the term ``Emergency Fund for 
     Indian Safety and Health'' means the Emergency Fund for 
     Indian Safety and Health established by section 601(a) of the 
     Tom Lantos and Henry J. Hyde United States Global Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization 
     Act of 2008 (22 U.S.C. 7601 et seq.).
       (2) Initial transfer.--Not later than 90 days after the 
     date of enactment of this Act, such amounts as are available, 
     but not to exceed $50,000,000, in the Emergency Fund for 
     Indian Safety and Health shall be transferred to the White 
     Mountain Apache Tribe Water Rights Settlement Subaccount.
       (3) Subsequent transfer.--Effective beginning on January 1, 
     2012, if the Secretary determines that, on an annual basis, 
     the amount authorized to be appropriated under subsection (a) 
     will not be appropriated and deposited in the White Mountain 
     Apache Tribe Water Rights Settlement Subaccount by October 
     31, 2012, not more than $50,000,000 of the amounts in the 
     Emergency Fund for Indian Safety and Health shall be 
     transferred to the White Mountain Apache Tribe Water Rights 
     Settlement Subaccount, as necessary to complete the WMAT 
     rural water system project.
       (4) Limitation.--The total amount transferred from the 
     Emergency Fund for Indian Safety and Health to the White 
     Mountain Apache Tribe Water Rights Settlement Subaccount 
     under paragraphs (2) and (3) shall not exceed $100,000,000.
       (e) Operation, Maintenance, and Replacement.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary $2,500,000 for the operation, maintenance, and 
     replacement costs of the WMAT rural water system, to remain 
     available until the conditions described in subsection (g) 
     have been met.
       (2) Subsequent funding.--Beginning on November 1, 2019, or 
     the enforceability date, whichever is later, the Tribe or the 
     Secretary, as applicable, may use amounts deposited in the 
     WMAT Maintenance Fund under subsection (b)(3)(B) for 
     operation, maintenance, and replacement costs of the WMAT 
     rural water system.
       (f) Cost Overruns.--On a determination by the Secretary 
     that the amount authorized to be appropriated under 
     subsection (a) is not sufficient for the completion of the 
     WMAT rural water system, there are authorized to be 
     appropriated such sums as are necessary, but not to exceed an 
     additional $25,000,000, to complete the WMAT rural water 
     system, to be derived by transfer from the amounts authorized 
     to be appropriated to the Secretary for deposit in the WMAT 
     Settlement Fund under subsection (b)(2)(B) in such amounts as 
     the Secretary, in concurrence with the Tribe, determines to 
     be appropriate.
       (g) Conditions.--The amounts authorized to be appropriated 
     to the Secretary for deposit in the WMAT Maintenance Fund, 
     together with any interest accrued thereon, under subsection 
     (b)(3), and any interest accruing on the WMAT Settlement Fund 
     under subsection (b)(2), shall not be available for 
     expenditure or withdrawal until the later of--
       (1) November 1, 2019; and
       (2) the date on which the Secretary determines that the 
     conditions described in section 9(d) have been met.

     SEC. 13. ANTIDEFICIENCY.

       The United States shall not be liable for failure to carry 
     out any obligation or activity authorized to be carried out, 
     subject to appropriations, under this Act (including any such 
     obligation or activity under the Agreement) if adequate 
     appropriations for that purpose are not provided by Congress.

     SEC. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

       If the Secretary fails to publish in the Federal Register a 
     statement of findings as required under section 9(d) by not 
     later than April 30, 2020--
       (1) effective beginning on May 1, 2020--
       (A) this Act is repealed; and
       (B) any action carried out by the Secretary, and any 
     contract entered into, pursuant to this Act shall be void;
       (2) any amounts appropriated under subsections (a), (b), 
     (d), and (e) of section 12, together with any interest 
     accrued on those amounts, shall immediately revert to the 
     general fund of the Treasury; and
       (3) any other amounts deposited in the White Mountain 
     Apache Tribe Water Settlement Subaccount (including any 
     amounts paid by the

[[Page H296]]

     State in accordance with the Agreement), together with any 
     interest accrued on those amounts, shall immediately be 
     returned to the respective sources of those funds.

     SEC. 15. COMPLIANCE WITH ENVIRONMENTAL LAWS.

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

  The SPEAKER pro tempore. After 1 hour of debate on the bill, as 
amended, it shall in order be to consider the amendment printed in part 
D of House Report 111-399 if offered by the gentleman from California 
(Mr. McClintock), or his designee, which shall be considered read, and 
shall be debatable for 10 minutes equally divided and controlled by the 
proponent and an opponent.
  The gentleman from West Virginia (Mr. Rahall) and the gentleman from 
Washington (Mr. Hastings) each will control 30 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and insert 
extraneous material on H.R. 1065.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to bring before the House legislation that 
would adjudicate the water rights of the White Mountain Apache Tribe, 
and end years of active litigation by ratifying the settlement 
agreement. This is a bipartisan measure, sponsored by the gentlelady 
from Arizona, Ann Kirkpatrick, for whom I extend tremendous applause 
for the manner in which she has led the House on this issue, brought it 
before our attention, and secured the cosponsorship of the entire 
Arizona House delegation.
  The waters of the White Mountain Apache Reservation feed to the Salt 
River of Arizona. The Salt River is a primary water source for the 
metropolitan area of Phoenix, Arizona, along with thousands of acres of 
agricultural land. Coming to closure on water rights is imperative to 
protect the water supply for thousands of people in Arizona. Equally 
important is the fulfillment of commitments made to the White Mountain 
Apache people to provide them a clean reliable water supply, and to 
repair their irrigation system, which has fallen into disrepair.
  In this settlement all parties came together with a mutual desire for 
success. Indeed, the parties to this settlement agreement include the 
White Mountain Apache, the State of Arizona, the cities of Phoenix, 
Scottsdale, Tempe, and others, and various water user organizations and 
entities. As with the two bills we just considered, I want to again 
acknowledge the administration's position that for over 20 years the 
Federal Government has stated that negotiated Indian water rights 
settlements are preferable to protracted and divisive litigation. The 
pending measure does just this, with a negotiated settlement and an end 
to decades of litigation.
  I thank the gentlelady from Arizona, Ann Kirkpatrick, and her 
colleagues in the Arizona delegation for their hard work in bringing 
this measure forward. I also again would recognize the tireless efforts 
of our subcommittee chairwoman, the gentlelady from California, Grace 
Napolitano, for her countless hours of hearings and staff meetings and 
other meetings with the affected parties on this issue. And I would 
thank the White Mountain Apache people for their continued dedication 
to this settlement and legislation.
  Access to water should not be a privilege in this country, but is a 
basic, fundamental right. These people have clearly earned our respect 
and support for this legislation. I urge the passage thereof.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, once again this is the third of three settlement bills. 
The arguments that I had made on the first two bills are applicable to 
this one. I will just add one other point. And that is that these three 
bills have a cost to the taxpayer of a half a billion dollars, $500 
million. And there certainly is an unrest in this country as to what 
this Congress has done in a fiscal manner. This is small. We are 
talking about millions, when other programs we are talking about in 
this Congress unfortunately total trillions. But if we need to get our 
house in order, this is simply something that we need to have more 
information on before we pass judgment on it.
  With that, Mr. Speaker, I will reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I am happy to yield such time as she may 
consume to the lead cosponsor of this legislation who has worked so 
hard on this issue, the gentlewoman from Arizona (Mrs. Kirkpatrick).

                              {time}  1145

  Mrs. KIRKPATRICK of Arizona. Mr. Speaker, I rise today in support of 
H.R. 1065, the White Mountain Apache Water Rights Quantification Act.
  Water is a precious resource to all of us in the Southwest. In my 
district, farmers have to fight to keep their crops growing, 
firefighters are constantly challenged by raging wildfires, and local 
officials consider the drinking water supply in every discussion of the 
community's future. We know we need to make each drop count. That is 
why I am proud to have worked with the White Mountain Apache and other 
stakeholders to introduce this bill.
  The White Mountain Apache Water Rights Quantification Act finalizes a 
settling agreement that will end a long-running water rights dispute in 
greater Arizona and provides a path toward a reliable long-term water 
supply for the White Mountain Apache tribe and areas across the State.
  The agreement under consideration continues a long history of 
settlements of Indian water rights disputes in our State. We have found 
time and again that these settlements, as opposed to litigation, help 
the tribes and their neighbors achieve real certainty in their water 
supply. They are able to better plan for the years to come. The 
negotiating process also builds working relationships between the 
parties involved, allowing them to cooperate and more effectively 
manage their watersheds for the future. With this legislation, folks 
here will finally begin to see these benefits.
  Along with approving the agreement, this bill authorizes construction 
of the Miner Flat dam and pipeline, which will provide a 100-year 
municipal drinking water supply to towns on the White Mountain Apache 
tribal lands. That is critically important because our need for 
drinking water is both immediate and serious. People in the area are 
being threatened with water shortages even now, in the winter of what 
was a great water year in the rest of the State.
  Nearly 15,000 tribal members will be served by the project, and it 
cannot come a moment too soon for them. Furthermore, it lets us move 
forward with a number of projects that are crucial economic drivers for 
the region: fish hatcheries, irrigation projects, and infrastructure 
improvements to a local ski park. We will be able to create jobs and 
get folks back to work.
  I was born and raised on White Mountain Apache tribal lands, and my 
hometown is one of those that would gain from this project. I have seen 
firsthand the challenges that these communities face, and I am 
confident that this legislation will make a real difference in 
addressing them.
  At this point, I would like to address the cost issue that has been 
raised by my esteemed colleague from Washington. When I was a kid, we 
had to boil our water, and if we didn't, we got sick. We got real sick. 
That was over 50 years ago. We didn't have the convenience of purified 
water that comes delivered in big jugs that I've seen in most 
congressional offices here in Washington. That situation, where folks 
living in the United States today do not have access to running water 
that they can drink, is not acceptable.
  My confidence that this legislation will make a real difference in 
addressing those critical needs is shared by many in Arizona where the 
bill has earned widespread support. Every single member of our State's 
delegation in

[[Page H297]]

the House is cosponsoring H.R. 1065, and I want to point out that that 
includes my esteemed colleague Congressman Jeff Flake, who I think is 
the watchdog of the House on spending in Congress.
  I have worked closely with Senator Kyl to move forward on this 
critical project in both Chambers. Folks on both sides of the aisle 
recognize the importance of securing our water supply. They also 
recognize the effort and care it has taken to get to this point. The 
settlement has taken 21 different stakeholder groups years of 
negotiation and compromise to reach. It is carefully crafted to best 
fit the needs and demands of all those involved. It is time for folks 
in my district to get the infrastructure and water supply they have 
been working toward for so long.
  I urge my colleagues to pass this bill.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield such 
time as he may consume to the gentleman from California (Mr. 
McClintock).
  Mr. McCLINTOCK. I thank the gentleman for yielding.
  Mr. Speaker, we are told over and over that this is an agreement that 
has been painstakingly and meticulously worked out. That's the sort of 
agreement that we would have if I were to sue the Federal Government 
for $10 million, go to my next-door neighbor and say, can't you agree 
that the Federal Government should send us at least $5 million? We 
reach an agreement, and then present it to Congress as a settlement of 
an outstanding claim. That's essentially what's going on here.
  Let me read to you the testimony of Michael Connor, the Commissioner 
of the Bureau of Reclamation, to the Subcommittee on Water and Power 
regarding this bill in July of last year. He said: While we're aware 
that the settling parties worked closely with the Federal negotiating 
team in developing the parameters of this settlement, we have also been 
informed by the team that issues involving the cost of this settlement 
were not considered. We believe that these costs need to be discussed 
and negotiated and that the benefits of the settlement must justify the 
costs.
  Those negotiations never took place between the Federal Government 
and the stakeholders. Those negotiations took place among the 
stakeholders themselves, and they all agreed that the Federal 
Government should send them lots and lots of money.
  The same Commissioner of the Bureau of Reclamation then sent a letter 
on November 10, 2009, to the chairwoman of the Subcommittee on Water 
and Power and warned about these things again. He said: Other than the 
$4.95 million provided for rehabilitation of irrigation systems on the 
reservation, the administration does not believe the money authorized 
for the development fund is consideration for this settlement.
  I would also point out that under the terms of this measure--that 
again are questioned by the administration--the Federal Government is 
responsible for handing over that money, and then the tribe, in the 
provisions of the bill, has the authority to withdraw those funds for 
purposes unrelated to water development. That's why those of us in the 
minority, although we are very sympathetic to the history that has 
brought us to this point and seek an equitable settlement for all sides 
in this dispute, seriously question why a settlement between the United 
States Government and the stakeholders involved was not fully 
negotiated by the United States Government and why this measure written 
by Congress is being submitted to the administration when it is the 
administration's responsibility to be involved in the negotiations of 
all of the details of the ultimate settlement.
  Mr. RAHALL. Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, I will just simply repeat what I said at the outset. I 
must reluctantly rise to oppose all three of these settlement bills 
based on the simple fact that we don't have all the information we 
need.
  While we applaud people on the local level settling tough disputes, 
especially water issues, and I am especially sensitive to that, Mr. 
Speaker, because I am from the western part of the United States, it is 
in the best interests of all of the people in this country to know what 
the cost to them would be because they're all taxpayers. I think that's 
self-evident.
  So this debate, at least from our side of the aisle, didn't question 
the merits of those settlement agreements mainly because, at least from 
this Member's perspective, I know how difficult that is when you have 
these types of disputes. Our issue is simply the transparency of what 
the cost will be to the taxpayers of this country. We deserve to have 
that before these settlement issues come to the floor of the House. We 
deserve to have this information so we can do due diligence in 
committee and then make a judgment if the settlement is in fact in the 
best interests of the taxpayers. That is really all this debate has 
been about on these three bills.
  So with that, Mr. Speaker, I would just simply say that we don't have 
transparency on this potential half-a-billion-dollar assessment that's 
going to go to the taxpayer. We should have that and we don't. So it is 
for that reason, Mr. Speaker, that I rise in opposition to this bill 
and urge my colleagues to vote ``no.''
  Mr. Speaker, I yield back the balance of my time.
  Mr. RAHALL. Mr. Speaker, before yielding to the gentleman from 
Michigan to close on our side, I would just reiterate what has already 
been said by the gentlewoman from Arizona, that she is joined in her 
cosponsorship of this legislation by the gentleman considered the 
watchdog of fiscal spending in this body, Mr. Jeff Flake, in 
cosponsoring this bill.
  At this point, I yield the balance of my time to the co-Chair of our 
Native American Caucus in the Congress and a valued member of our 
Committee on Natural Resources, the gentleman from Michigan, Mr. Dale 
Kildee.
  Mr. KILDEE. I thank the gentleman for yielding.
  Mr. Speaker, I support strongly the passage of H.R. 1065 and the 
other two bills, H.R. 3342 and H.R. 3254.
  In the 33 years that I've been in Congress, I've worked hard with Mr. 
Rahall--he and I came to Congress together--trying to work out these 
water rights. I have always tried to make sure that we were fair to 
everybody, particularly fair to the Native Americans who have been 
deprived of their water rights in too many instances, and Mr. Rahall 
has made this a priority to make sure that we get equity and justice 
here.
  Water is extremely important all over the world. It's extremely 
important, of course, in the Southwest. I just feel that the hard work 
that went into this bill and the sense of equity and the sense of 
justice and fairness to all those involved has produced three very good 
bills, and I strongly urge support of them.
  Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the bill has expired.
  The Chair understands that the amendment will not be offered.
  Pursuant to House Resolution 1017, the previous question is ordered 
on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. RAHALL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________