[House Report 111-391]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-391
======================================================================
 
  WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2009

                                _______
                                

 January 12, 2010.--Committeed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1065]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) proceedings to determine the nature and extent of the 
        water rights of the White Mountain Apache Tribe, members of the 
        Tribe, the United States, and other claimants are pending in--
                  (A) the consolidated civil action in the Superior 
                Court of the State of Arizona for the County of 
                Maricopa styled In re the General Adjudication of All 
                Rights To Use Water In The Gila River System and 
                Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 
                (San Pedro); and
                  (B) the civil action pending in the Superior Court of 
                the State of Arizona for the County of Apache styled In 
                re the General Adjudication of All Rights to Use Water 
                in the Little Colorado River System and Source and 
                numbered CIV-6417;
          (2) a final resolution of those proceedings might--
                  (A) take many years;
                  (B) entail great expense; and
                  (C) prolong uncertainty concerning the availability 
                of water supplies;
          (3) the Tribe, non-Indian communities located near the 
        reservation of the Tribe, and other Arizona water users have 
        entered into the WMAT Water Rights Quantification Agreement--
                  (A) to permanently quantify the water rights of the 
                Tribe, members of the Tribe, and the United States in 
                its capacity as trustee for the Tribe and members in 
                accordance with the Agreement; and
                  (B) to seek funding, in accordance with applicable 
                law, for the implementation of the Agreement;
          (4) it is the policy of the United States to quantify and 
        settle Indian water rights claims, and to promote Indian self-
        determination and economic self-sufficiency, without lengthy 
        and costly litigation, if practicable;
          (5) certainty concerning the extent of the water rights of 
        the Tribe will--
                  (A) provide opportunities for economic development of 
                all parties to the proceeding; and
                  (B) assist the Tribe to achieve self-determination 
                and self-sufficiency; and
          (6) in keeping with the trust responsibility of the United 
        States to Indian tribes, and to promote tribal sovereignty and 
        economic self-sufficiency, it is appropriate that the United 
        States implement the Agreement.
  (b) Purposes.--The purposes of this Act are--
          (1) to authorize, ratify, and confirm the Agreement;
          (2) to authorize and direct the Secretary to execute the 
        Agreement and carry out all obligations of the Secretary under 
        the Agreement;
          (3) to authorize the actions and appropriations necessary for 
        the United States to meet the obligations of the United States 
        under the Agreement and this Act; and
          (4) to permanently resolve certain damage claims and all 
        water rights claims among--
                  (A) the Tribe and its members;
                  (B) the United States in its capacity as trustee for 
                the Tribe and its members;
                  (C) the parties to the Agreement; and
                  (D) all other claimants in the proceedings referred 
                to in subsection (a)(1).

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Agreement.--The ``Agreement'' means--
                  (A) the WMAT Water Rights Quantification Agreement 
                dated January 13, 2009; and
                  (B) any amendment or exhibit (including exhibit 
                amendments) to that agreement that are--
                          (i) made in accordance with this Act; or
                          (ii) otherwise approved by the Secretary.
          (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
          (3) CAP.--The term ``CAP'' means the reclamation project 
        authorized and constructed by the United States in accordance 
        with title III of the Colorado River Basin Project Act (43 
        U.S.C. 1521 et seq.).
          (4) CAP contractor.--The term ``CAP contractor'' means an 
        individual or entity that has entered into a long-term contract 
        (as that term is used in the repayment stipulation) with the 
        United States for delivery of water through the CAP system.
          (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' has the meaning given the term in the repayment 
        stipulation.
          (6) CAP m&i priority water.--The term ``CAP M&I priority 
        water'' means the CAP water having a municipal and industrial 
        delivery priority under the repayment contract.
          (7) CAP subcontractor.--The term ``CAP subcontractor'' means 
        an individual or entity that has entered into a long-term 
        subcontract (as that term is used in the repayment stipulation) 
        with the United States and the District for the delivery of 
        water through the CAP system.
          (8) CAP system.--The term ``CAP system'' means--
                  (A) the Mark Wilmer Pumping Plant;
                  (B) the Hayden-Rhodes Aqueduct;
                  (C) the Fannin-McFarland Aqueduct;
                  (D) the Tucson Aqueduct;
                  (E) any pumping plant or appurtenant works of a 
                feature described in any of subparagraphs (A) through 
                (D); and
                  (F) any extension of, addition to, or replacement for 
                a feature described in any of subparagraphs (A) through 
                (E).
          (9) CAP water.--The term ``CAP water'' means ``Project 
        Water'' (as that term is defined in the repayment stipulation).
          (10) Contract.--The term ``Contract'' means--
                  (A) the proposed contract between the Tribe and the 
                United States attached as exhibit 7.1 to the Agreement 
                and numbered 08-XX-30-W0529; and
                  (B) any amendments to that contract.
          (11) District.--The term ``District'' means the Central 
        Arizona Water Conservation District, a political subdivision of 
        the State that is the contractor under the repayment contract.
          (12) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 9(d)(1).
          (13) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b).
          (14) Injury to water rights.--
                  (A) In general.--The term ``injury to water rights'' 
                means an interference with, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                  (B) Inclusions.--The term ``injury to water rights'' 
                includes--
                          (i) a change in the groundwater table; and
                          (ii) any effect of such a change.
                  (C) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
          (15) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
          (16) Off-reservation trust land.--The term ``off-reservation 
        trust land'' means land--
                  (A) located outside the exterior boundaries of the 
                reservation that is held in trust by the United States 
                for the benefit of the Tribe as of the enforceability 
                date; and
                  (B) depicted on the map attached to the Agreement as 
                exhibit 2.57.
          (17) Operating agency.--The term ``Operating Agency'' means 
        the 1 or more entities authorized to assume responsibility for 
        the care, operation, maintenance, and replacement of the CAP 
        system.
          (18) Repayment contract.--The term ``repayment contract'' 
        means--
                  (A) the contract between the United States and the 
                District for delivery of water and repayment of the 
                costs of the CAP, numbered 14-06-W-245 (Amendment No. 
                1), and dated December 1, 1988; and
                  (B) any amendment to, or revision of, that contract.
          (19) Repayment stipulation.--The term ``repayment 
        stipulation'' means the stipulated judgment and the stipulation 
        for judgment (including any exhibits to those documents) 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action styled Central Arizona Water Conservation District v. 
        United States, et al., and numbered CIV 95-625-TUC-WDB (EHC) 
        and CIV 95-1720-PHX-EHC.
          (20) Reservation.--
                  (A) In general.--The term ``reservation'' means the 
                land within the exterior boundary of the White Mountain 
                Indian Reservation established by the Executive order 
                dated November 9, 1871, as modified by subsequent 
                Executive orders and Acts of Congress--
                          (i) known on the date of enactment of this 
                        Act as the ``Fort Apache Reservation'' pursuant 
                        to the Act of June 7, 1897 (30 Stat. 62, 
                        chapter 3); and
                          (ii) generally depicted on the map attached 
                        to the Agreement as exhibit 2.81.
                  (B) No effect on dispute or as admission.--The 
                depiction of the reservation described in subparagraph 
                (A)(ii) shall not--
                          (i) be used to affect any dispute between the 
                        Tribe and the United States concerning the 
                        legal boundary of the reservation; and
                          (ii) constitute an admission by the Tribe 
                        with regard to any dispute between the Tribe 
                        and the United States concerning the legal 
                        boundary of the reservation.
          (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
          (22) State.--The term ``State'' means the State of Arizona.
          (23) Tribal cap water.--The term ``tribal CAP water'' means 
        the CAP water to which the Tribe is entitled pursuant to the 
        Contract.
          (24) Tribal water rights.--The term ``tribal water rights'' 
        means the water rights of the Tribe described in paragraph 4.0 
        of the Agreement.
          (25) Tribe.--The term ``Tribe'' means the White Mountain 
        Apache Tribe organized under section 16 of the Act of June 18, 
        1934 (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 476).
          (26) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
          (27) WMAT rural water system.--The term ``WMAT rural water 
        system'' means the municipal, rural, and industrial water 
        diversion, storage, and delivery system described in section 7.
          (28) Year.--The term ``year'' means a calendar year.

SEC. 4. APPROVAL OF AGREEMENT.

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

SEC. 5. WATER RIGHTS.

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

SEC. 6. CONTRACT.

  (a)  In General.--The Secretary shall enter into the Contract, in 
accordance with the Agreement, to provide, among other things, that--
          (1) the Tribe, on approval of the Secretary, may--
                  (A) enter into contracts or options to lease, 
                contracts to exchange, or options to exchange tribal 
                CAP water in Maricopa, Pinal, Pima, and Yavapai 
                Counties in the State providing for the temporary 
                delivery to any individual or entity of any portion of 
                the tribal CAP water, subject to the condition that--
                          (i) the term of the contract or option to 
                        lease shall not be longer than 100 years;
                          (ii) the contracts or options to exchange 
                        shall be for the term provided in the contract 
                        or option; and
                          (iii) a lease or option to lease providing 
                        for the temporary delivery of tribal CAP water 
                        shall require the lessee to pay to the 
                        Operating Agency all CAP fixed OM&R charges and 
                        all CAP pumping energy charges (as defined in 
                        the repayment stipulation) associated with the 
                        leased water; and
                  (B) renegotiate any lease at any time during the term 
                of the lease, subject to the condition that the term of 
                the renegotiated lease shall not exceed 100 years;
          (2) no portion of the tribal CAP water may be permanently 
        alienated;
          (3)(A) the Tribe (and not the United States in any capacity) 
        shall be entitled to all consideration due to the Tribe under 
        any contract or option to lease or exchange tribal CAP water 
        entered into by the Tribe; and
          (B) the United States (in any capacity) has no trust or other 
        obligation to monitor, administer, or account for, in any 
        manner--
                  (i) any funds received by the Tribe as consideration 
                under a contract or option to lease or exchange tribal 
                CAP water; or
                  (ii) the expenditure of those funds;
          (4)(A) all tribal CAP water shall be delivered through the 
        CAP system; and
          (B) if the delivery capacity of the CAP system is 
        significantly reduced or anticipated to be significantly 
        reduced for an extended period of time, the Tribe shall have 
        the same CAP delivery rights as a CAP contractor or CAP 
        subcontractor that is allowed to take delivery of water other 
        than through the CAP system;
          (5) the Tribe may use tribal CAP water on or off the 
        reservation for any purpose;
          (6) as authorized by subsection (f)(2)(A) of section 403 of 
        the Colorado River Basin Project Act (43 U.S.C. 1543) and to 
        the extent that funds are available in the Lower Colorado River 
        Basin Development Fund established by subsection (a) of that 
        section, the United States shall pay to the Operating Agency 
        the CAP fixed OM&R charges associated with the delivery of 
        tribal CAP water (except in the case of tribal CAP water leased 
        by any individual or entity);
          (7) the Secretary shall waive the right of the Secretary to 
        capture all return flow from project exchange water flowing 
        from the exterior boundary of the reservation; and
          (8) no CAP water service capital charge shall be due or 
        payable for the tribal CAP water, regardless of whether the 
        water is delivered for use by the Tribe or pursuant to a 
        contract or option to lease or exchange tribal CAP water 
        entered into by the Tribe.
  (b) Requirements.--The Contract shall be--
          (1) for permanent service (within the meaning of section 5 of 
        the Boulder Canyon Project Act (43 U.S.C. 617d)); and
          (2) without limit as to term.
  (c) Ratification.--
          (1) In general.--Except to the extent that any provision of 
        the Contract conflicts with a provision of this Act, the 
        Contract is authorized, ratified, and confirmed.
          (2) Amendments.--Any amendment to the Contract is authorized, 
        ratified, and confirmed, to the extent that such an amendment 
        is executed to make the Contract consistent with this Act.
  (d) Execution of Contract.--To the extent that the Contract does not 
conflict with this Act, the Secretary shall execute the Contract.
  (e) Payment of Charges.--The Tribe, and any recipient of tribal CAP 
water through a contract or option to lease or exchange, shall not be 
obligated to pay a water service capital charge or any other charge, 
payment, or fee for CAP water, except as provided in an applicable 
lease or exchange agreement.
  (f) Prohibitions.--
          (1) Use outside state.--No tribal CAP water may be leased, 
        exchanged, forborne, or otherwise transferred by the Tribe in 
        any way for use directly or indirectly outside the State.
          (2) Use off reservation.--Except as authorized by this 
        section and paragraph 4.7 of the Agreement, no tribal water 
        rights under this Act may be sold, leased, transferred, or used 
        outside the boundaries of the reservation or off-reservation 
        trust land other than pursuant to an exchange.
          (3) Agreements with arizona water banking authority.--Nothing 
        in this Act or the Agreement limits the right of the Tribe to 
        enter into an agreement with the Arizona Water Banking 
        Authority established by section 45-2421 of the Arizona Revised 
        Statutes (or any successor entity), in accordance with State 
        law.
  (g) Leases.--
          (1) In general.--To the extent the leases of tribal CAP Water 
        by the Tribe to the District and to any of the cities, attached 
        as exhibits to the Agreement, are not in conflict with the 
        provisions of this Act--
                  (A) those leases are authorized, ratified, and 
                confirmed; and
                  (B) the Secretary shall execute the leases.
          (2) Amendments.--To the extent that amendments are executed 
        to make the leases described in paragraph (1) consistent with 
        this Act, those amendments are authorized, ratified, and 
        confirmed.

SEC. 7. AUTHORIZATION OF RURAL WATER SYSTEM.

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

SEC. 8. SATISFACTION OF CLAIMS.

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

SEC. 9. WAIVER AND RELEASE OF CLAIMS.

  (a) In General.---
          (1) Claims against the state and others.--Except as provided 
        in subsection (b)(1), the Tribe, on behalf of itself and its 
        members, and the United States, acting in its capacity of 
        trustee for the Tribe and its members, as part of the 
        performance of their obligations under the Agreement, are 
        authorized to execute a waiver and release of any claims 
        against the State (or any agency or political subdivision of 
        the State), or any other person, entity, corporation, or 
        municipal corporation under Federal, State, or other law for 
        all--
                  (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                  (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever, that are based on aboriginal occupancy of land 
                by the Tribe, its members, or their predecessors;
                  (B)(i) past and present claims for injury to water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial through the 
                enforceability date;
                  (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever, that are based on aboriginal 
                occupancy of land by the Tribe and its members, or 
                their predecessors; and
                  (iii) claims for injury to water rights arising after 
                the enforceability date for the reservation and off-
                reservation trust land resulting from off-reservation 
                diversion or use of water in a manner not in violation 
                of the Agreement or State law; and
                  (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgement or decree, or this Act.
          (2) Claims against tribe.--Except as provided in subsection 
        (b)(3), the United States, in all its capacities (except as 
        trustee for an Indian tribe other than the Tribe), as part of 
        the performance of its obligations under the Agreement, is 
        authorized to execute a waiver and release of any and all 
        claims against the Tribe, its members, or any agency, official, 
        or employee of the Tribe, under Federal, State, or any other 
        law for all--
                  (A) past and present claims for injury to water 
                rights resulting from the diversion or use of water on 
                the reservation and on off-reservation trust land 
                arising from time immemorial through the enforceability 
                date;
                  (B) claims for injury to water rights arising after 
                the enforceability date resulting from the diversion or 
                use of water on the reservation and on off-reservation 
                trust land in a manner not in violation of the 
                Agreement; and
                  (C) past, present, and future claims arising out of 
                or related in any manner to the negotiation, execution, 
                or adoption of the Agreement, an applicable settlement 
                judgement or decree, or this Act.
          (3) Claims against united states.--Except as provided in 
        subsection (b)(2), the Tribe, on behalf of itself and its 
        members, as part of the performance of the obligations of the 
        Tribe under the Agreement, is authorized to execute a waiver 
        and release of any claim against the United States, including 
        agencies, officials, or employees of the United States (except 
        in the capacity of the United States as trustee for other 
        Indian tribes), under Federal, State, or other law for any and 
        all--
                  (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                  (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever that are based on aboriginal occupancy of land 
                by the Tribe, its members, or their predecessors;
                  (B)(i) past and present claims relating in any manner 
                to damages, losses, or injuries to water, water rights, 
                land, or other resources due to loss of water or water 
                rights (including damages, losses, or injuries to 
                hunting, fishing, gathering, or cultural rights due to 
                loss of water or water rights, claims relating to 
                interference with, diversion, or taking of water, or 
                claims relating to failure to protect, acquire, or 
                develop water, water rights, or water infrastructure) 
                within the reservation and off-reservation trust land 
                that first accrued at any time prior to the 
                enforceability date;
                  (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever that are based on aboriginal 
                occupancy of land by the Tribe, its members, or their 
                predecessors; and
                  (iii) claims for injury to water rights arising after 
                the enforceability date for the reservation and off-
                reservation trust land resulting from the off-
                reservation diversion or use of water in a manner not 
                in violation of the Agreement or applicable law;
                  (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgment or decree, or this Act;
                  (D) past and present claims relating in any manner to 
                pending litigation of claims relating to the water 
                rights of the Tribe for the reservation and off-
                reservation trust land;
                  (E) past and present claims relating to the 
                operation, maintenance, and replacement of existing 
                irrigation systems on the reservation constructed prior 
                to the enforceability date that first accrued at any 
                time prior to the enforceability date, which waiver 
                shall only become effective on the full appropriation 
                and payment to the Tribe of $4,950,000 authorized by 
                section 12(b)(2)(B);
                  (F) future claims relating to operation, maintenance, 
                and replacement of the WMAT rural water system, which 
                waiver shall only become effective on the full 
                appropriation of funds authorized by section 
                12(b)(3)(B) and the deposit of those funds in the WMAT 
                Maintenance Fund;
                  (G) past and present breach of trust and negligence 
                claims for damage to the land and natural resources of 
                the Tribe caused by riparian and other vegetative 
                manipulation by the United States for the purpose of 
                increasing water runoff from the reservation that first 
                accrued at any time prior to the enforceability date; 
                and
                  (H) past and present claims for trespass, use, and 
                occupancy of the reservation in, on, and along the 
                Black River that first accrued at any time prior to the 
                enforceability date.
  (b) Reservation of Rights and Retention of Claims.--
          (1) Reservation of rights and retention of claims by tribe 
        and united states.--
                  (A) In general.--Notwithstanding the waiver and 
                release of claims authorized under subsection (a)(1), 
                the Tribe, on behalf of itself and the members of the 
                Tribe, and the United States, acting as trustee for the 
                Tribe and members of the Tribe, shall retain any 
                right--
                          (i) subject to subparagraph 16.9 of the 
                        Agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Tribe and members of the Tribe under the 
                        Agreement or this Act in any Federal or State 
                        court of competent jurisdiction;
                          (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Gila River adjudication 
                        proceedings;
                          (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Little Colorado River adjudication 
                        proceedings;
                          (iv) to object to any claims by or for any 
                        other Indian tribe, Indian community or nation, 
                        or dependent Indian community, or the United 
                        States on behalf of such a tribe, community, or 
                        nation;
                          (v) to participate in the Gila River 
                        adjudication proceedings and the Little 
                        Colorado River adjudication proceedings to the 
                        extent provided in subparagraph 14.1 of the 
                        Agreement;
                          (vi) to assert any claims arising after the 
                        enforceability date for injury to water rights 
                        not specifically waived under this section;
                          (vii) to assert any past, present, or future 
                        claim for injury to water rights against any 
                        other Indian tribe, Indian community or nation, 
                        dependent Indian community, allottee, or the 
                        United States on behalf of such a tribe, 
                        community, nation, or allottee; and
                          (viii) to assert any past, present, or future 
                        claim for trespass, use, and occupancy of the 
                        reservation in, on, or along the Black River 
                        against Freeport-McMoRan Copper & Gold, Inc., 
                        Phelps Dodge Corporation, or Phelps Dodge 
                        Morenci, Inc. (or a predecessor or successor of 
                        those entities), including all subsidiaries and 
                        affiliates of those entities.
                  (B) Agreement.--On terms acceptable to the Tribe and 
                the United States, the Tribe and the United States are 
                authorized to enter into an agreement with Freeport-
                McMoRan Copper & Gold, Inc., Phelps Dodge Corporation, 
                or Phelps Dodge Morenci, Inc. (or a predecessor or 
                successor of those entities), including all 
                subsidiaries and affiliates of those entities, to 
                resolve the claims of the Tribe relating to the 
                trespass, use, and occupancy of the reservation in, on, 
                and along the Black River.
          (2) Reservation of rights and retention of claims by tribe 
        against united states.--Notwithstanding the waiver and release 
        of claims authorized under subsection (a)(3), the Tribe, on 
        behalf of itself and the members of the Tribe, shall retain any 
        right--
                  (A) subject to subparagraph 16.9 of the Agreement, to 
                assert claims for injuries to, and seek enforcement of, 
                the rights of the Tribe and members under the Agreement 
                or this Act, in any Federal or State court of competent 
                jurisdiction;
                  (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Gila River adjudication proceedings;
                  (C) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Little Colorado River adjudication proceedings;
                  (D) to object to any claims by or for any other 
                Indian tribe, Indian community or nation, dependent 
                Indian community, or the United States on behalf of 
                such a tribe, community, or nation;
                  (E) to assert past, present, or future claims for 
                injury to water rights or any other claims other than a 
                claim to water rights, against any other Indian tribe, 
                Indian community or nation, dependent Indian community, 
                or the United States on behalf of such a tribe, 
                community, or nation;
                  (F) to assert claims arising after the enforceability 
                date for injury to water rights resulting from the 
                drilling of wells or pumping of water from land located 
                within national forest land as of the effective date of 
                the Agreement in the south \1/2\ of T. 9 N., R. 24 E.; 
                south \1/2\ of T. 9 N., R. 25 E.; north \1/2\ of T. 8 
                N., R. 24 E.; north \1/2\ of T. 8 N., R. 25 E., if--
                          (i) title to that land is no longer retained 
                        by the United States; or
                          (ii) water from that land is transported off 
                        the land for municipal or industrial use;
                  (G) to assert any claims arising after the 
                enforceability date for injury to water rights not 
                specifically waived under this section;
                  (H) to assert any other claims not specifically 
                waived under this section; and
                  (I) to assert any claim arising after the 
                enforceability date for a future taking by the United 
                States of reservation land, off-reservation trust land, 
                or any property rights appurtenant to that land, 
                including any water rights set forth in paragraph 4.0 
                of the Agreement.
          (3) Reservation of rights and retention of claims by united 
        states.--Notwithstanding the waiver and release of claims 
        authorized under subsection (a)(2), the United States shall 
        retain any right to assert any claim not specifically waived in 
        that subsection.
  (c) Effectiveness of Waiver and Releases.--Except as otherwise 
specifically provided in subparagraphs (E) and (F) of subsection 
(a)(3), the waivers and releases under subsection (a) shall become 
effective on the enforceability date.
  (d) Enforceability Date.--
          (1) In general.--This section takes effect on the date on 
        which the Secretary publishes in the Federal Register a 
        statement of findings that--
                  (A)(i) to the extent the Agreement conflicts with 
                this Act, the Agreement has been revised through an 
                amendment to eliminate the conflict; and
                  (ii) the Agreement, as so revised, has been executed 
                by the Secretary, the Tribe, and the Governor of the 
                State;
                  (B) the Secretary has fulfilled the requirements of 
                sections 5 and 6;
                  (C) the amount authorized by section 12(a) has been 
                deposited in the White Mountain Apache Tribe Water 
                Rights Settlement Subaccount;
                  (D) the State funds described in subparagraph 13.3 of 
                the Agreement have been deposited in the White Mountain 
                Apache Tribe Water Rights Settlement Subaccount;
                  (E) the Secretary has issued a record of decision 
                approving the construction of the WMAT rural water 
                system in a configuration substantially similar to that 
                described in section 7; and
                  (F) the judgments and decrees substantially in the 
                form of those attached to the Agreement as exhibits 
                12.9.6.1 and 12.9.6.2 have been approved by the 
                respective trial courts.
          (2) Failure of enforceability date to occur.--If, because of 
        the failure of the enforceability date to occur by October 31, 
        2015, this section does not become effective, the Tribe and its 
        members, and the United States, acting in the capacity of 
        trustee for the Tribe and its members, shall retain the right 
        to assert past, present, and future water rights claims and 
        claims for injury to water rights for the reservation and off-
        reservation trust land.
          (3) No rights to water.--On the occurrence of the 
        enforceability date, all land held by the United States in 
        trust for the Tribe and its members shall have no rights to 
        water other than those specifically quantified for the Tribe 
        and the United States, acting in the capacity of trustee for 
        the Tribe and its members, for the reservation and off-
        reservation trust land pursuant to paragraph 4.0 of the 
        Agreement.
  (e) United States Enforcement Authority.--Nothing in this Act or the 
Agreement affects any right of the United States to take any action, 
including environmental actions, under any laws (including regulations 
and the common law) relating to human health, safety, or the 
environment.
  (f) No Effect on Water Rights.--Except as provided in paragraphs 
(1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) of subsection (a), 
nothing in this Act affects any rights to water of the Tribe, its 
members, or the United States acting as trustee for the Tribe and 
members, for land outside the boundaries of the reservation or the off-
reservation trust land.
  (g) Entitlements.--Any entitlement to water of the Tribe, its 
members, or the United States acting as trustee for the Tribe and 
members, relating to the reservation or off-reservation trust land 
shall be satisfied from the water resources granted, quantified, 
confirmed, or recognized with respect to the Tribe, members, and the 
United States by the Agreement and this Act.
  (h) Objection Prohibited.--Except as provided in subsection 
(b)(2)(F), the Tribe and the United States acting as trustee for the 
Tribe shall not--
          (1) object to the usage of any well located outside the 
        boundaries of the reservation or the off-reservation trust 
        land, as in existence on the enforceability date; or
          (2) object to, dispute, or challenge after the enforceability 
        date the drilling of any well or the withdrawal and use of 
        water from any well in the Little Colorado River adjudication 
        proceedings, the Gila River adjudication proceedings, or any 
        other judicial or administrative proceeding.

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

  (a) Establishment.--There is established in the Lower Colorado River 
Basin Development Fund a subaccount to be known as the ``White Mountain 
Apache Tribe Water Rights Settlement Subaccount'', consisting of--
          (1) the amounts appropriated to the subaccount pursuant to 
        subsections (a) and (d) of section 12, as applicable; and
          (2) such other amounts as are available, including the funds 
        provided in subparagraph 13.3 of the Agreement.
  (b) Expenditures and Withdrawals.--
          (1) Contracts.--
                  (A) In general.--The Tribe may withdraw any portion 
                of the White Mountain Apache Tribe Water Rights 
                Settlement Subaccount on approval by the Secretary 
                pursuant to the terms of an agreement entered into 
                under section 7(g).
                  (B) Requirements.--An agreement entered into under 
                section 7(g) shall require that the Tribe shall use the 
                amounts in the White Mountain Apache Tribe Water Rights 
                Settlement Subaccount only for the planning, design, 
                and construction of the rural water system, including 
                such sums as are necessary--
                          (i) for the Bureau to carry out oversight of 
                        the planning, design, and construction of the 
                        rural water system;
                          (ii) to repay any outstanding balance on the 
                        loan authorized by the White Mountain Apache 
                        Tribe Rural Water System Loan Authorization Act 
                        (Public Law 110-390; 122 Stat. 4191); and
                          (iii) to carry out all required environmental 
                        compliance activities associated with the 
                        planning, design, and construction of the rural 
                        water system.
          (2) Enforcement.--The Secretary may pursue such judicial 
        remedies and carry out such administrative actions as are 
        necessary to enforce an agreement described in paragraph (1) to 
        ensure that amounts in the White Mountain Apache Tribe Water 
        Rights Settlement Subaccount are used in accordance with this 
        section.
          (3) Liability.--On withdrawal by the Tribe of amounts in the 
        White Mountain Apache Tribe Water Rights Settlement Subaccount, 
        the Secretary and the Secretary of the Treasury shall not 
        retain liability for the expenditure or investment of those 
        amounts.
          (4) Expenditure plan.--
                  (A) In general.--The Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the subaccount under this 
                section that the Tribe does not withdraw pursuant to 
                this subsection.
                  (B) Description.--The expenditure plan shall describe 
                the manner in which, and the purposes for which, the 
                amounts remaining in the subaccount will be used.
                  (C) Approval.--The Secretary shall approve an 
                expenditure plan under this paragraph if the Secretary 
                determines that the plan is--
                          (i) reasonable; and
                          (ii) consistent with this Act.
          (5) Annual reports.--The Tribe shall submit to the Secretary 
        an annual report that describes each expenditure from the White 
        Mountain Apache Tribe Water Rights Settlement Subaccount during 
        the year covered by the report.
  (c) Prohibition on Per Capita Distributions.--No amount of the 
principal, or the interest or income accruing on the principal, of the 
White Mountain Apache Tribe Water Rights Settlement Subaccount shall be 
distributed to any member of the Tribe on a per capita basis.
  (d) Availability of Funds.--
          (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.--Beginning on the date described in section 
        9(d), 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)).

SEC. 11. MISCELLANEOUS PROVISIONS.

  (a) Limited Waiver of Sovereign Immunity.--
          (1) In general.--In the case of a civil action described in 
        paragraph (2)--
                  (A) the United States or the Tribe, or both, may be 
                joined in the civil action; and
                  (B) any claim by the United States or the Tribe to 
                sovereign immunity from the civil action is waived for 
                the sole purpose of resolving any issue regarding the 
                interpretation or enforcement of this Act or the 
                Agreement.
          (2) Description of civil action.--A civil action referred to 
        in paragraph (1) is a civil action filed--
                  (A) by any party to the Agreement or signatory to an 
                exhibit to the Agreement in a United States or State 
                court that--
                          (i) relates solely and directly to the 
                        interpretation or enforcement of this Act or 
                        the Agreement; and
                          (ii) names as a party the United States or 
                        the Tribe; or
                  (B) by a landowner or water user in the Gila River 
                basin or Little Colorado River basin in the State 
                that--
                          (i) relates solely and directly to the 
                        interpretation or enforcement of section 9 of 
                        this Act and paragraph 12.0 of the Agreement; 
                        and
                          (ii) names as a party the United States or 
                        the Tribe.
  (b) Effect of Act.--Nothing in this Act quantifies or otherwise 
affects any water right or claim or entitlement to water of any Indian 
tribe, band, or community other than the Tribe.
  (c) Limitation on Liability of United States.--
          (1) In general.--The United States shall have no trust or 
        other obligation--
                  (A) to monitor, administer, or account for, in any 
                manner, any amount paid to the Tribe by any party to 
                the Agreement other than the United States; or
                  (B) to review or approve the expenditure of those 
                funds.
          (2) Indemnification.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        any claim (including claims for takings or breach of trust) 
        arising out of the receipt or expenditure of funds described in 
        paragraph (1)(A).
  (d) Applicability of Reclamation Reform Act.--The Reclamation Reform 
Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage limitation 
or full-cost pricing provision under Federal law shall not apply to any 
individual, entity, or land solely on the basis of--
          (1) receipt of any benefit under this Act;
          (2) the execution or performance of the Agreement; or
          (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
  (e) Secretarial Power Sites.--The portions of the following named 
secretarial power site reserves that are located on the Fort Apache 
Indian Reservation or the San Carlos Apache Reservation, as applicable, 
shall be transferred and restored into the name of the Tribe or the San 
Carlos Apache Tribe, respectively:
          (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 E.).
          (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26 E.; 
        T. 3 N., R. 26 E.).
          (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/2\ 
        N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 E.; 
        T. 5 N., R. 19 E.).
          (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
          (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
          (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16 E.).
  (f) No Effect on Future Allocations.--Water received under a lease or 
exchange of tribal CAP water under this Act shall not affect any future 
allocation or reallocation of CAP water by the Secretary.
  (g) After-acquired Trust Land.--
          (1) Requirement of act of congress.--
                  (A) Legal title.--After the enforceability date, if 
                the Tribe seeks to have legal title to additional land 
                in the State of Arizona located outside the exterior 
                boundaries of the reservation taken into trust by the 
                United States for its benefit, the Tribe may do so only 
                pursuant to an Act of Congress specifically authorizing 
                the transfer for the benefit of the Tribe.
                  (B) Exceptions.--Subparagraph (A) shall not apply 
                to--
                          (i) restoration of land to the reservation 
                        subsequently and finally determined to be part 
                        of the reservation through resolution of any 
                        dispute between the Tribe and the United States 
                        over the location of the reservation boundary 
                        unless required by Federal law; or
                          (ii) off-reservation trust land acquired 
                        prior to January 1, 2008.
          (2) Water rights.--
                  (A) In general.--Under this section, after-acquired 
                trust land outside the reservation shall not include 
                federally reserved rights to surface water or 
                groundwater.
                  (B) Restored land.--Land restored to the reservation 
                as the result of resolution of any reservation boundary 
                dispute between the Tribe and the United States, or any 
                fee simple land within the reservation that are placed 
                into trust, shall have water rights pursuant to section 
                8(b).
          (3) Acceptance of land in trust status.--
                  (A) In general.--If the Tribe acquires legal fee 
                title to land that is located within the exterior 
                boundaries of the reservation, the Secretary shall 
                accept the land in trust status for the benefit of the 
                Tribe in accordance with applicable Federal law 
                (including regulations) for such real estate 
                acquisitions.
                  (B) Reservation status.--Land taken or held in trust 
                by the Secretary under paragraph (3), or restored to 
                the reservation as a result of resolution of a boundary 
                dispute between the Tribe and the United States, shall 
                be deemed to be part of the reservation.
  (h) Conforming Amendment.--Section 3(b)(2) of the White Mountain 
Apache Tribe Rural Water System Loan Authorization Act (Public Law 110-
390; 122 Stat. 4191) is amended by striking ``2013'' and inserting 
``2016''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

  (a) Rural Water System.--
          (1) In general.--There is authorized to be appropriated for 
        the planning, engineering, design, environmental compliance, 
        and construction of the WMAT rural water system $126,193,000.
          (2) Inclusions.--The amount authorized to be appropriated 
        under paragraph (1) shall include such sums as are necessary, 
        but not to exceed 4 percent of construction contract costs, for 
        the Bureau to carry out oversight of activities for planning, 
        design, environmental compliance, and construction of the rural 
        water system.
  (b) WMAT Settlement and Maintenance Funds.--
          (1) Definition of funds.--In this subsection, the term 
        ``Funds'' means--
                  (A) the WMAT Settlement Fund established by paragraph 
                (2)(A); and
                  (B) the WMAT Maintenance Fund established by 
                paragraph (3)(A).
          (2) WMAT settlement fund.--
                  (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``WMAT Settlement Fund'', for use by the Tribe in 
                accordance with subparagraph (C), which shall consist 
                of--
                          (i) such amounts as are deposited in the fund 
                        under subparagraph (B); and
                          (ii) any interest accrued on the deposited 
                        amounts.
                  (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 
        deadline described in section 9(d)(2) is not likely to be met 
        because the amount authorized by subsection (a) has not been 
        appropriated and deposited in the White Mountain Apache Tribe 
        Water Rights Settlement Subaccount, not more than $50,000,000 
        of the amounts in the Emergency Fund for Indian Safety and 
        Health shall be transferred to the White Mountain Apache Tribe 
        Water Rights Settlement Subaccount, as necessary to complete 
        the WMAT rural water system project.
          (4) Limitation.--The total amount transferred from the 
        Emergency Fund for Indian Safety and Health to the White 
        Mountain Apache Tribe Water Rights Settlement Subaccount under 
        paragraphs (2) and (3) shall not exceed $100,000,000.
  (e) Operation, Maintenance, and Replacement.--
          (1) In general.--There is authorized to be appropriated to 
        the Secretary $2,500,000 for the operation, maintenance, and 
        replacement costs of the WMAT rural water system, to remain 
        available until the conditions described in subsection (g) have 
        been met.
          (2) Subsequent funding.--Beginning on January 1, 2021, the 
        Tribe or the Secretary, as applicable, may use amounts 
        deposited in the WMAT Maintenance Fund under subsection 
        (b)(3)(B) for operation, maintenance, and replacement costs of 
        the WMAT rural water system.
  (f) Cost Overruns.--On a determination by the Secretary that the 
amount authorized to be appropriated under subsection (a) is not 
sufficient for the completion of the WMAT rural water system, there are 
authorized to be appropriated such sums as are necessary, but not to 
exceed an additional $25,000,000, to complete the WMAT rural water 
system, to be derived by transfer from the amounts authorized to be 
appropriated to the Secretary for deposit in the WMAT Settlement Fund 
under subsection (b)(2)(B) in such amounts as the Secretary, in 
concurrence with the Tribe, determines to be appropriate.
  (g) Conditions.--The amounts authorized to be appropriated to the 
Secretary for deposit in the WMAT Maintenance Fund, 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) December 31, 2020; and
          (2) the date on which the Secretary determines that the 
        conditions described in section 9(d) have been met.

SEC. 13. ANTIDEFICIENCY.

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

SEC. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

  If the Secretary fails to publish in the Federal Register a statement 
of findings as required under section 9(d) by not later than October 
31, 2015--
          (1) effective beginning on November 1, 2015--
                  (A) this Act is repealed; and
                  (B) any action carried out by the Secretary, and any 
                contract entered into, pursuant to this Act shall be 
                void;
          (2) any amounts appropriated under subsections (a), (b), (d), 
        and (e) of section 12, together with any interest accrued on 
        those amounts, shall immediately revert to the general fund of 
        the Treasury; and
          (3) any other amounts deposited in the White Mountain Apache 
        Tribe Water Settlement Subaccount (including any amounts paid 
        by the State in accordance with the Agreement), together with 
        any interest accrued on those amounts, shall immediately be 
        returned to the respective sources of those funds.

SEC. 15. COMPLIANCE WITH ENVIRONMENTAL LAWS.

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

                          Purpose of the Bill

    The purpose of H.R. 1065 is to resolve water rights claims 
of the White Mountain Apache Tribe in the State of Arizona, and 
for other purposes.

                  Background and Need for Legislation

    The White Mountain Apache Tribe (Tribe) currently resides 
on 1.66 million acres of federal trust land in east-central 
Arizona. The Tribe's Fort Apache Indian Reservation was 
established by an Executive Order on November 9, 1871. The 
headwaters and several tributaries of the Salt River originate 
on reservation land.
    In 1985, the United States, on behalf of the Tribe, filed 
substantial claims to water with a time immemorial date for 
approximately 180,000 acre-feet annually from the Salt River 
System in the Gila River adjudication proceedings in the 
Maricopa County Superior Court, as well as water rights claims 
in the Little Colorado River General Stream adjudication 
proceedings in the Apache County Superior Court. Both claims 
were based on the Tribe's federally reserved water rights 
established in Winters v. U.S., 207 U.S. 564 (1908).
    The United States amended its water rights filings in both 
proceedings in September 2000, asserting the Tribe's aboriginal 
and federally-reserved rights to transbasin groundwater 
resources that sustain the base flow for the springs and 
streams on the reservation. Both claims are currently pending 
in their respective courts. Enactment of H.R. 1065 would 
confirm the Settlement Agreement (Agreement) reached by the 
Tribe and other parties in both adjudication proceedings and 
after approval by the state courts, the Tribe's claims in those 
proceedings would be resolved.
    The Tribe's substantial and senior water rights claims have 
created considerable uncertainty for as many as 3.5 million 
people who are dependent on the Salt River for water. The Salt 
River basin is the primary source of water for the Tribe, the 
Phoenix metropolitan area, and the Salt River Reclamation 
Project, which serves about 250,000 irrigated acres of 
agricultural land in Maricopa County in central Arizona.
    A federal negotiating team was established by the Secretary 
of the Interior at the request of the Tribe to facilitate 
settlement negotiations in 2004. An agreement was reached in 
January 2009. To ensure a collaborative process the settling 
parties included the Tribe and the United States, the State of 
Arizona, the Central Arizona Water Conservation District 
(CAWCD), the Salt River Project Agricultural Improvement and 
Power District, the Salt River Valley Water Users' Association, 
the Roosevelt Water Conservation District, the Buckeye 
Irrigation Company, the Buckeye Water Conservation and Drainage 
District, the Arizona Water Company, and the cities and towns 
of Phoenix, Mesa, Tempe, Chandler, Glendale, Scottsdale, 
Avondale, Peoria, Show Low, and Gilbert. All of the non-federal 
parties have approved the Agreement.
    The comprehensive Agreement resolves the Tribe's water 
rights claims. The Tribe would have an 1871-reserved water 
right to divert up to 74,000 acre-feet annually (27,000 acre-
feet depletion), and in addition the right to divert up to an 
additional 25,000 acre-feet of Salt River System water through 
a Central Arizona Project (CAP) exchange (25,000 acre-feet 
depletion). Cumulatively the Tribe will have a total diversion 
right of 99,000 acre-feet per year with a total depletion right 
of 52,000 acre feet per year. A diversion right is the amount 
of water that can be diverted from the river. The depletion 
right represents the amount of water that is diverted, less the 
return flow to the system from which it was diverted. The Tribe 
will have an option for leasing the CAP water to the existing 
downstream cities and users.
    An important component of the Agreement addresses the 
drinking water needs of the Tribe. Currently, a relatively 
small well field serves the drinking water needs of the 
majority of the residents on the Tribe's reservation. Water 
production from the wells has declined significantly over the 
last few years. As a result, the Tribe is experiencing chronic 
drinking water shortages. In 2009 the Tribe has been 
constructing a relatively small diversion project on the North 
Fork of the White River to augment the declining well water 
supply. The Tribe indicates that when the diversion 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 current peak demand of the Tribe's growing population. The 
drinking water project authorized in H.R. 1065 would provide a 
long-term solution, and the only viable one, to address the 
Tribe's drinking water shortages.

                            Committee Action

    H.R. 1065 was introduced on February 13, 2009 by Rep. Ann 
Kirkpatrick (D-AZ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water and Power. On July 21, 2009, the Subcommittee held a 
hearing on the bill.
    On September 30, 2009, the Subcommittee was discharged from 
further consideration of H.R. 1065 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairwoman Grace F. Napolitano (D-CA) offered an amendment in 
the nature of a substitute that, in large part, responded to 
concerns raised by the Department of the Interior. The 
amendment in the nature of a substitute made technical changes 
and added language that would transfer title of the White 
Mountain Apache Tribe Rural Water System to the Tribe. The 
amendment in the nature of a substitute was adopted by voice 
vote. The bill, as amended, was ordered favorably reported to 
the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``White Mountain Apache Tribe Water Rights Quantification Act 
of 2009.''

Section 2. Findings and purposes

    Subsection 2(a) provides the following findings: that a 
resolution of litigation proceedings intended to quantify the 
water rights of the Tribe might be a lengthy and costly 
process, prolonging uncertainty to their water rights; that 
instead, the parties to the litigation have agreed to 
permanently quantify the water rights of the Tribe and settle 
the Tribe's pending claims in the Gila River and Little 
Colorado River Adjudications in Arizona by entering into the 
White Mountain Apache Tribe Water Rights Quantification 
Agreement (the Agreement).
    Subsection 2(b) provides that the purpose of this Act are: 
(1) to authorize, ratify, and confirm the Agreement as defined 
in the legislation; (2) to authorize and direct the Secretary 
of the Interior (the Secretary) to execute the Agreement; (3) 
to authorize the appropriations necessary for the U.S. to meet 
its obligations under the Agreement; and (4) to permanently 
resolve certain damage claims and all water rights claims of 
the Tribe.

Section 3. Definitions

    Section 3 provides definitions for certain terms used in 
the White Mountain Apache Tribe Water Rights Quantification Act 
of 2009.

Section 4. Approval of Agreement

    Section 4 authorizes, ratifies and confirms the Agreement. 
This section also authorizes and directs the Secretary to 
execute the Agreement as approved by Congress, including any 
and all environmental compliance required by federal law.

Section 5. Water rights

    Section 5 provides that tribal water rights will be held in 
trust by the United States, through the Secretary of the 
Interior, for the benefit of the Tribe. This section further 
requires the Tribe to enact a tribal water code to administer 
tribal water rights, no later than 18 months after the 
enforceability date in subsection 9(d), with specific 
conditions as listed in subsection 5(e). The Tribe's water 
rights shall not be subject to loss by abandonment or 
forfeiture.
    Section 5(b), (c), and (d) describe the reallocation of, 
and costs associated with, Central Arizona Project (CAP) water 
allocated to the Tribe under the Agreement.

Section 6. Contract

    Section 6 describes contracts related to the Tribe's 
leasing of CAP water. The Tribe may, with the approval of the 
Secretary, enter into leases with the counties of Maricopa, 
Pinal, Pima, and Yavapai for the temporary (not to exceed 100 
years) delivery of any portion of the Tribe's CAP water. The 
contact or option to lease is subject to specific conditions, 
as described in Subsections 6(a).
    Subsection 6(b) specifies the requirements of the contract. 
Subsection 6(c) ratifies, authorizes, and confirms the 
contract. Subsection 6(d) directs the Secretary to execute the 
contract, and subsection 6(e) describes the fees and charges 
applicable to tribal CAP water.
    Subsection 6(f) prohibits tribal CAP water from being 
leased, exchanged, forborne or transferred by the Tribe for use 
outside the State of Arizona.
    Subsection 6(g) authorizes, ratifies, and confirms the 
leases of tribal CAP water attached as exhibits to the 
Settlement Agreement.

Section 7. Authorization of Rural Water System

    Section 7 authorizes the planning, design, and construction 
of the White Mountain Apache Tribe (WMAT) Rural Water System 
and describes its components, service area, and construction 
requirements.
    Subsection 7(e) further specifies that the Secretary is 
authorized to convey title to the Project to the Tribe after 
publication in the Federal Register of a statement of findings 
providing that the conditions specified in this subsection have 
been satisfied, including the condition that the Tribe has been 
operating the project successfully for a period of five years.

Section 8. Satisfaction of claims

    Subsection 8(a) provides that the benefits to the Tribe and 
its members under this Act are in full satisfaction of the 
Tribe's and its members' claims for water rights and injuries 
to water rights.
    Subsection 8(b) provides that the Agreement's maximum 
annual diversion amounts and maximum annual depletion amounts 
shall apply to the use of water on any lands currently outside 
the reservation that are subsequently determined to be part of 
the reservation, and to the use of water on any fee lands 
currently within the reservation that are put into trust and 
made part of the reservation.
    Subsection 8(c) provides that the Act is not intended to 
recognize or establish any tribal member's individual right to 
water on the reservation.

Section 9. Waiver and release of claims

    Section 9(a) authorizes the United States to execute 
certain waivers and release of claims in either its capacity as 
trustee for the Tribe and its members or in its own right. It 
also authorizes the Tribe to execute waivers in its own 
capacity and for its members. The waiver of water-related 
claims in Section 9 encompasses claims for water rights, injury 
to water rights, and damages to tribal resources due to loss of 
water or water rights.
    Subsection 9(b) reserves certain rights of and retains 
certain claims by the Tribe on its own behalf and its members, 
and the United States as trustee for the Tribe and its members, 
or in its own right, including past, present, and future claims 
against Freeport McMoRan Copper & Gold, Inc., Phelps Dodge 
Corporation or Phelps Dodge Morenci, Inc. for trespass, use, 
and occupancy of the Reservation in, on, or along the Black 
River (``Black River Claims''). The legislation does not affect 
the ability of the Tribe or the other parties to assert any 
claims or defenses against each other regarding the Black River 
Claims.
    Subsection 9(c) establishes the conditions and timing under 
which the waivers are effective.
    Subsection 9(d) provides that the enforceability date shall 
be subject to a requirement that the Secretary publish a 
statement of findings in the Federal Register concerning a 
number of listed conditions. It also establishes the extent of 
the water rights available for use on land held in trust for 
the Tribe and its members.
    Subsection 9(e) provides that nothing in this Act or in the 
Agreement affects the right of the United States to take any 
action relating to human health, safety, or the environment.
    Subsection 9(f) provides that except as specified, this Act 
has no effect on rights to water for land outside the 
reservation boundaries or off-reservation trust land.
    Subsection 9(g) provides that any tribal entitlements to 
water shall be satisfied from the water resources set forth in 
the Agreement and this Act.
    Subsection 9(h) sets forth certain objections that are 
prohibited to the Tribe and the United States acting as trustee 
for the Tribe.

Section 10. White Mountain Apache Tribe Water Rights Settlement 
        Subaccount

    Subsection 10(a) establishes the White Mountain Tribe Water 
Rights Settlement Subaccount within the Lower Colorado River 
Basin Development Fund.
    Subsection 10(b) establishes the conditions for 
expenditures and withdrawals of all or part of the White 
Mountain Apache Tribe Water Rights Settlement Subaccount, 
enforcement of those conditions, limitation on the liability of 
federal officials, requirements for an expenditure plan by the 
Tribe, and requirements for annual tribal reporting.
    Subsection 10(c) specifies that funds from the White 
Mountain Apache Tribe Water Rights Settlement Subaccount are 
not to be distributed on a per capita basis.
    Subsection 10(d) establishes that amounts in the White 
Mountain Apache Tribe Water Rights Settlement Subaccount are 
not to be made available until the enforceability date.

Section 11. Miscellaneous provisions

    Subsection 11(a) waives the sovereign immunity of the 
United States and the Tribe for certain specified civil actions 
under the Agreement and Act.
    Subsection 11(b) provides that nothing in this Act affects 
any water right or claim of any Indian tribe, band or community 
other than the White Mountain Apache Tribe.
    Subsection 11(c) limits the liability of the United States 
and directs the Tribe to indemnify the United States against 
certain specific claims.
    Subsection 11(d) provides that the Reclamation Reform Act 
of 1982 (43 U.S.C. 390aa et seq.) does not apply under certain 
listed circumstances related to the Agreement and this Act.
    Subsection 11(e) transfers and restores to the Tribe and 
the San Carlos Apache Tribe certain specified portions of named 
secretarial power site reserves located on the Fort Apache 
Indian Reservation and the San Carlos Apache Reservation, 
respectively.
    Subsection 11(f) states that water received under a lease 
or exchange of tribal CAP water has no effect on future 
allocations of CAP water by the Secretary.
    Subsection 11(g) provides that, except with respect to 
certain restored lands and off-reservation trust land acquired 
prior to January 1, 2008, the Tribe, after the enforceabilty 
date, may only have additional lands taken into trust by the 
United States through an Act of Congress. It further provides 
that after-acquired trust lands outside the reservation shall 
not include federal reserved water rights and that certain 
restored lands shall have water rights pursuant to Section 
8(b).
    Subsection 11(h) amends Section 3(b)(2) of the WMAT Rural 
Water System Loan Authorization Act (P.L. 110-390; 122 Stat. 
4191) to extend the loan repayment commencement date from 
January 1, 2013 to January 1, 2016 in order to coincide with 
this Act's enforceability date.

Section 12. Authorizations of appropriations

    Subsection 12(a) authorizes to be appropriated 
approximately $126 million for the planning, engineering, 
design, environmental compliance, and construction of the WMAT 
rural water system.
    Subsection 12(b) establishes the WMAT Settlement Fund 
within the Treasury of the United States, and authorizes the 
appropriation of $113.5 million for deposit therein, of which 
not less than $4.95 million must be used for rehabilitation of 
existing irrigation systems. Authorized uses of funds in the 
WMAT Settlement Fund are listed in Subsection 12(b)(2)(C). 
Subsection 12(b) also establishes within the Treasury the WMAT 
Maintenance Fund, authorizes the appropriation of $50 million 
for deposit therein, and prescribes the uses thereof. It 
further directs the Secretary to manage and invest the funds 
and establishes the availability date and conditions for 
expenditures and withdrawals.
    Section 12(c) indexes the amounts to be appropriated for 
the WMAT rural water supply system, the WMAT Settlement Fund 
and the WMAT Maintenance Fund to be adjusted to reflect changes 
in construction cost indices since October 1, 2007.
    Section 12(d) provides for the transfer of up to $50 
million into the White Mountain Apache Subaccount from the 
Emergency Fund for Indian Safety and Health, if funds are 
available. A subsequent transfer of up to $50 million from the 
Emergency Fund for Indian Safety and Health is also authorized, 
for a total to not exceed $100 million.
    Section 12(e) authorizes to be appropriated $2.5 million 
for the operation, maintenance, and replacement costs of the 
WMAT rural water system. It also allows the Tribe or the 
Secretary to use amounts deposited in the WMAT Maintenance Fund 
for operation, maintenance, and replacement costs of the WMAT 
rural water system.
    Section 12(f) authorizes the appropriation of up to $25 
million for WMAT rural water system cost overruns. These sums 
are to be derived by transfer from the appropriations 
authorized in subsection 12(b)(2)(B), resulting in no net 
increase of total authorized appropriations under the Act.
    Section 12(g) provides the conditions for expenditure or 
withdrawal of funds authorized to be appropriated to the 
Secretary for deposit in the WMAT Maintenance Fund, and any 
interest accrued.

Section 13. Antideficiency

    Section 13 provides that the United States shall not be 
liable for failure to carry out obligations or activities 
required by this Act, if adequate appropriations for such 
purposes are not provided by Congress.

Section 14. Repeal on failure of enforceability date

    Section 14 repeals the Act if the Secretary does not 
publish the statement of findings required under Subsection 
9(d) by the enforceability date of October 31, 2015, effective 
beginning on November 1, 2015. Any amounts appropriated under 
subsections (a), (b), (d), and (e) of section 12 along with any 
interest shall immediately revert to the Treasury. The section 
further provides for return of other amounts deposited in the 
White Mountain Apache Tribe Water Settlement Subaccount, along 
with any interest, to their respective sources.

Section 15. Compliance with environmental laws

    Section 15 provides that the Secretary, in carrying out the 
Act, must comply with applicable federal environmental laws and 
regulations, including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to resolve water rights claims of the 
White Mountain Apache Tribe in the State of Arizona, and for 
other purposes
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1065--White Mountain Apache Tribe Water Rights Quantification Act 
        of 2009

    Summary: H.R. 1065 would approve and ratify a settlement 
agreement between the White Mountain Apache Tribe and the state 
of Arizona. The agreement would resolve tribal claims to water 
rights in the state. As part of that agreement, the bill would 
authorize the appropriation of funds to construct a rural water 
system to deliver water to tribal lands. The bill also would 
establish two trust funds for the tribe to protect and restore 
tribal lakes and forests, conduct certain economic development 
projects, and operate and maintain the rural water system. 
Finally, the bill would authorize appropriations for the 
Department of the Interior (DOI) to operate and maintain the 
water system until it is conveyed to the tribe.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1065 would increase 
discretionary spending by $134 million over the 2010-2019 
period and $66 million after 2019. CBO also estimates that 
enacting H.R. 1065 would increase direct spending by $125 
million over the 2010-2019 period and $22 million after 2019. 
Enacting the legislation would not affect revenues.
    H.R. 1065 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
require the tribe to enact a tribal water code and prohibit it 
from objecting to the drilling or use of some wells. CBO 
estimates that the cost of complying with those mandates would 
be small and far below the threshold established in UMRA ($69 
million in 2009, adjusted annually for inflation).
    H.R. 1065 contains no private-sector mandates as defined in 
UMRA.
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 1065 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 450 (community and 
regional development).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, in millions of dollars--
                               -------------------------------------------------------------------------------------------------------------------------
                                  2010      2011      2012      2013      2014      2015      2016      2017      2018      2019    2010-2014  2010-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa
Settlement Fund:
    Estimated Authorization            0         0         0         0         0         0       132         0         0         0          0        132
     Level....................
    Estimated Outlays.........         0         0         0         0         0         0       132         0         0         0          0        132
DOI Operation & Maintenance:
    Estimated Authorization            0         0         0         0         0         0         *         *         *         *          0          2
     Level....................
    Estimated Outlays.........         0         0         0         0         0         0         *         *         *         *          0          2
Total Changes:
    Estimated Authorization            0         0         0         0         0         0       132         *         *         *          0        134
     Level....................
    Estimated Outlays.........         0         0         0         0         0         0       132         *         *         *          0        134

                                                               CHANGES IN DIRECT SPENDING

Rural Water System:b
    Estimated Budget Authority         0         0         0         0         0         0        50        40        30        20          0        140
    Estimated Outlays.........         0         0         0         0         0         0        44        37        25        19          0       125
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: DOI = Department of the Interior; * = less than $500,000. Amounts may not sum to totals because of rounding.
aExcludes amounts authorized to be appropriated for a Tribal Maintenance Fund because CBO expects those amounts would not be needed until 2021.
bCBO estimates that an additional $22 million would be spent for the water system after 2019.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1065 will be enacted by the end of calendar year 2010 and that 
the necessary amounts will be appropriated when the settlement 
becomes effective. The enforcement of the settlement agreement 
depends on the completion of a number of actions by federal, 
state, local, and tribal entities. CBO expects that those 
actions will be completed early in fiscal year 2016. The 
estimated costs for the authorized water projects are based on 
information from DOI and on historical spending patterns for 
similar activities.
    The White Mountain Apache Tribe and several other parties 
have signed a settlement agreement resolving a water-rights 
dispute in northeast Arizona. The United States would become a 
party to that agreement upon enactment of H.R. 1065, provided 
that certain other conditions are met. Among those conditions, 
the Secretary of the Interior would have to publish a statement 
of findings in the Federal Register indicating that all parties 
have executed the agreement; the U.S. district court would have 
to issue a decree concerning the agreement; sufficient funds to 
construct a rural water system, which CBO estimates would cost 
$147 million, would have to be deposited into the White 
Mountain Apache Tribe Water Rights Settlement Subaccount; and 
Arizona would have to appropriate $2 million for the 
construction of the rural water system.
    Should the Secretary not publish the required statement of 
findings by October 31, 2015, verifying that all conditions 
necessary to execute the agreement have been met, the agreement 
would not take effect, and no federal funds could be spent 
after that date.

Spending subject to appropriation

    H.R. 1065 would authorize the appropriation of funds for a 
variety of activities to benefit the White Mountain Apache 
Tribe. The bill would authorize appropriations to construct a 
rural water system and to protect and restore tribal lakes and 
forests, conduct certain economic development projects, and 
operate and maintain the rural water system. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the settlement agreement would increase 
discretionary spending by $134 million over the 2010-2019 
period and $66 million after 2019.
    Most of the amounts authorized to be appropriated by H.R. 
1065 would be allowed to accrue interest on unspent amounts. 
CBO considers the authority to spend amounts credited as 
interest on unspent balances of appropriated funds to be an 
increase in direct spending as discussed later in this cost 
estimate. CBO expects that funds would be appropriated in the 
year the settlement becomes effective. If the Congress chose to 
appropriate funds prior to the year in which those funds would 
be spent, interest would accrue on the unspent balances, and 
the legislation's estimated impact on direct spending would be 
larger. Under the bill, that spending would occur after fiscal 
year 2020.
    Settlement Fund. The bill would authorize the appropriation 
of about $114 million (plus additional amounts needed because 
of increases in construction costs) for the White Mountain 
Apache Tribe Settlement Fund. CBO expects that those funds 
would be appropriated near the beginning of fiscal year 2016--
the enforcement date of the settlement. Funds would be used to 
protect and restore tribal lakes and forests and for certain 
economic development projects. CBO expects that the entire 
amount in the fund (including adjustments for inflation) would 
be recorded as an outlay of $132 million in 2016.
    Payments to certain tribal trust funds that are held and 
managed in a fiduciary capacity by the federal government on 
behalf of Indian tribes are treated as payments to a nonfederal 
entity. As a result, CBO expects that the entire amount 
deposited into the settlement fund would be recorded as an 
outlay in 2016 when the funds could be spent by the tribe. 
Subsequently, any use of such funds and interest payments to 
the tribe would have no effect on the federal budget.
    DOI Operation & Maintenance. The bill would authorize the 
appropriation of $2.5 million for DOI to operate and maintain 
the new rural water system until 2021 when funds from the 
tribal maintenance fund could be spent. CBO estimates that 
operating and maintaining the rural water system would cost 
about $500,000 a year over the 2016-2020 period.
    Tribal Maintenance Fund. The bill would authorize the 
appropriation of $50 million (plus additional amounts needed 
because of increases in construction costs) for the White 
Mountain Apache Tribe Maintenance Fund. CBO expects that those 
funds would be appropriated in fiscal year 2021 when the funds 
could be spent. Funds would be used to operate and maintain the 
rural water system. CBO expects that the entire amount in the 
fund (including adjustments for inflation) would be recorded as 
an outlay of $66 million in 2021.
    Rural Water System Subaccount. The bill would authorize the 
appropriation of $126 million (plus additional amounts needed 
because of increases in construction costs) to build a rural 
water system for the tribe. Following enactment of H.R. 1065, 
however, the Secretary of the Interior would be authorized to 
use funds from the Future Indian Water Settlement subaccount 
established under Public Law 108-451 and designated to 
implement Indian water settlements in Arizona. CBO expects that 
amounts in that account would be used to execute the 
settlement. The expenditure of those funds would increase 
direct spending (see Direct Spending section, below).
    CBO assumes that the full amount necessary to construct the 
rural water system would be expended from the Future Indian 
Water Settlement Subaccount, resulting in direct spending. If, 
instead, the Congress appropriated funds for that purpose, it 
would reduce the amounts expended from that subaccount and 
lower the legislation's estimated impact on direct spending.
    The bill also would require the Secretary of the Treasury 
to transfer such sums as are available--up to $50 million--from 
the Emergency Fund for Indian Safety and Health (established 
under Public Law 110-293) to the rural water system subaccount 
in 2010. Because no funds have been appropriated for the 
emergency fund, CBO expects that no funds would be available 
for transfer to the subaccount in 2010.

Direct spending

    Future Indian Water Settlement Subaccount. The Arizona 
Water Settlements Act (Public Law 108-451) established this 
subaccount and authorized it to receive up to $250 million of 
receipts from the Lower Colorado River Basin Development Fund, 
with deposits into the subaccount starting by January 2010. The 
Colorado River Basin Development Fund collects receipts from 
the users of the Central Arizona water project and certain 
other receipts from the sale of electricity generated at 
federal water projects. Those amounts are available for federal 
agencies to spend without further appropriation for a variety 
of purposes including operating and maintaining certain water 
projects. The Arizona Water Settlements Act provided that 
amounts deposited in the Future Indian Water Settlement 
Subaccount may be used for Indian water rights settlements in 
Arizona approved by the Congress subsequent to its enactment.
    CBO expects that funds from the Future Indian Water 
Settlement Subaccount would be used to construct the rural 
water system on tribal lands. Based on information from DOI, 
CBO also expects that the tribe would enter into a contract 
with the federal government under the Indian Self-Determination 
and Education Act, which allows Indian tribes to assume 
responsibilities for programs, functions, and services or 
activities that would otherwise be carried out by the federal 
government. Because CBO expects the tribe to assume 
responsibility for constructing the water system, we expect 
that construction of that system would begin in 2016 when the 
tribe would spend funds designated for that purpose. We 
estimate that constructing the water system would increase 
direct spending by $125 million over the 2016-2019 period and 
by $22 million after 2019.
    Interest Earnings on the Settlement Fund and the 
Maintenance Fund. Under the bill, interest accrued on amounts 
appropriated for both the settlement and maintenance funds 
could not be spent until after 2020. Because we expect that 
funds would be appropriated for those purposes during the 
fiscal years in which those funds would be needed, we estimate 
that accrued interest earnings would total less than $500,000 
and spending of that interest would have a negligible impact on 
direct spending in 2021.
    Estimated impact on state, local, and tribal governments: 
H.R. 1065 would require the White Mountain Apache Tribe to 
enact policies that would govern tribal water rights and would 
prohibit the tribe from objecting to the use of some existing 
wells or the drilling of new wells pursuant to future 
adjudication proceedings, as detailed in the agreement. Those 
provisions would be intergovernmental mandates as defined in 
UMRA because they would place statutory requirements on the 
tribe that are separate from provisions of the agreement. CBO 
estimates that the cost of complying with those mandates would 
be small and well below the threshold established in UMRA ($69 
million in 2009, adjusted annually for inflation). Furthermore, 
amounts authorized for the settlement fund could be used to 
develop the tribal water code.
    Other provisions of the bill would benefit the tribe. Any 
costs to the tribe from those provisions would be incurred 
voluntarily as a result of entering into the settlement 
agreement.
    Estimated impact on the private sector: H.R. 1065 contains 
no private-sector mandates as defined in UMRA.
    Previous CBO estimate: On November, 16, 2009, CBO 
transmitted a cost estimate for S. 313, the White Mountain 
Apache Tribe Water Rights Quantification Act of 2009, as 
ordered reported by the Senate Committee on Indian Affairs on 
September 10, 2009. The two bills are similar, and the CBO cost 
estimates are the same.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Marin Randall.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1065 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 3 OF THE WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM LOAN 
                           AUTHORIZATION ACT


SEC. 3. MINER FLAT PROJECT LOAN.

  (a) * * *
  (b) Terms and Conditions of Loan.--The loan provided under subsection 
(a) shall--
          (1) * * *
          (2) be repaid over a term of 25 years, beginning on January 
        1, [2013] 2016.
          * * * * * * *

         ADDITIONAL VIEWS OF REPRESENTATIVE GRACE F. NAPOLITANO

                              ----------                              

    The White Mountain Apache Tribe Water Rights Quantification 
Act of 2009 (H.R. 1065) would ratify the Settlement Agreement 
that would quantify the water rights of the White Mountain 
Apache Tribe (Tribe). The bill would settle the Tribe's past, 
present and future claims against the United States for 
compromising tribal water rights and failing to maintain 
federal irrigation projects serving the reservation and 
authorize funds for the development of a drinking water system 
on the Tribe's reservation.
    On November 10, 2009, the Administration, through 
Commissioner of the Bureau of Reclamation Michael L. Connor, 
submitted a views letter (``Views Letter'') regarding the 
legislation as reported by the Committee.
    The Views Letter acknowledges that ``[a]s reflected by the 
changes made in the marked up version of H.R. 1065, substantial 
work has been done and refinements made to this settlement by 
the parties and the Arizona delegation.'' (Views Letter, p. 2). 
The Views Letter notes with approval a number of changes that 
the Tribe agreed to make in response to the Administration's 
concerns relating to, among other things, (1) the findings, (2) 
the definitions, (3) potential cost overruns of the Miner Flat 
Dam and Reservoir, (4) funding for water development 
activities, and (5) the contract provisions under the Indian 
Self Determination Act. The Views Letter also emphasizes 
improvements in areas such as (1) waivers and (2) the title 
transfer of the Miner Flat Project.
    Included with these views is a December 14, 2009, letter 
sent by the Tribe to Representative Kirkpatrick and myself that 
responds to the issues raised by Commissioner Connor in the 
Views Letter. I would like to highlight a few of the Tribe's 
responses:

  1. The Conditions Required for the U.S. to Convey to the Tribe the 
  Miner Flat Project Are Reasonable and Appropriate Given the Complex 
                         Nature of the Project

    At the Administration's request, the Tribe agreed to accept 
title to the Miner Flat Project once the following three 
conditions have been met: (1) the project is declared 
substantially complete; (2) the funds authorized to be 
appropriated for the operation, maintenance, and replacement 
(OM&R) of the project have been deposited into the WMAT 
Maintenance Fund; and (3) the Tribe has operated the project 
for five years. H.R. 1065, Section 7(e)(2). Commissioner Connor 
believes ``this new language is an improvement over the 
original language.'' (Views Letter, p. 3)
    The Views Letter, however, recommends several changes, none 
of which the Tribe believes are necessary or warranted. For 
example, it recommends reducing the time period that the Tribe 
is required to operate the project from five years to one year. 
The Miner Flat Project is a relatively complex municipal water 
supply project comprised of a dam, reservoir, water treatment 
plant, 55 mile long water transmission pipeline, several 
pumping stations, and connected distribution systems. The Tribe 
will need to operate the project for several years before it 
has the requisite experience and technical expertise to accept 
title to the project from the United States. It is unreasonable 
for the United States to expect the Tribe to have the requisite 
expertise to operate a Reservation-wide drinking water system 
in only one year. Finally, the language in the bill concerning 
the title transfer is eminently reasonable since at least seven 
other previously authorized Reclamation Indian drinking water 
projects are held in trust in perpetuity by the United States.
    The Views Letter also recommends language limiting the 
liability of the United States associated with the Miner Flat 
Project that becomes effective once the conditions for 
conveyance have been met. H.R. 1065, however, already 
authorizes a waiver of any claims the Tribe may have against 
the United States relating to the OM&R of the Miner Flat 
Project. (The waiver becomes effective once the funds 
authorized under the legislation for the OM&R are deposited 
into the WMAT Maintenance Fund. See H.R. 1065, Section 
9(a)(3)(F).) As a result, the additional language concerning 
the United State's liability is unnecessary.

2. The Use of Funds for the WMAT Settlement from the Emergency Fund for 
      Indian Safety and Health is Consistent with the Underlying 
                             Authorization

    Under Title VI of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (P.L. 110-293) (the 
``Act''), Congress established the Emergency Fund for Indian 
Safety and Health (Emergency Fund) and authorized up to $1 
billion over a five-year period for water supply projects that 
are part of congressionally approved water settlements. The 
Miner Flat Project fits squarely within this criterion. 
Accordingly, H.R. 1065, as reported, authorizes the use of a 
limited amount of funds from the Emergency Fund for the 
construction of the Miner Flat Project. The Views Letter argues 
that this provision undermines the language in the Act 
specifying that the funding be allocated in accordance with a 
Secretarial plan. While the Act requires the Administration to 
prepare this plan by July 30, 2009, it has failed to do so. 
Therefore, the Administration cannot require that H.R. 1065 
comply with a plan it has failed to prepare.

3. The Parties have Agreed to Extend the Time to Secure Federal Funding 
                            for the Project

    The Views Letter correctly points out the challenges 
associated with securing the federal funding necessary to 
implement the settlement by 2015. As a result, the parties have 
agreed to extend that date until 2020.
                                   Grace F. Napolitano.
                                   
                                   

           ADDITIONAL VIEWS OF REPRESENTATIVE TOM McCLINTOCK

    This bill rightly attempts to resolve longstanding Indian 
water rights claims, but Congress lacks sufficient information 
to assess whether the $292 million authorized in this 
legislation is appropriate. Therefore, as Ranking Republican of 
the House Water and Power Subcommittee, I have serious fiscal 
concerns with this well-intended bill.
    It is important that Congress play a role in settling 
Indian water rights claims, some of which comprise the oldest 
standing litigation in the federal court system. Settling legal 
claims not only resolves litigation but also can help establish 
water supply certainty for water users on and off-reservations.
    But Congress must also answer key questions when it 
considers these and other settlements and should not be just a 
rubber stamp. For example, one of the most important questions 
involving a settlement--especially when American taxpayer 
dollars will be used is whether resolving the litigation will 
be advantageous to the federal government compared to its 
liability under current law. That question has not been 
answered for H.R. 1065.
    If Congress were the board of directors of a private 
corporation deciding whether to approve a negotiated legal 
settlement, we would be guilty of breaching our fiduciary 
responsibility to stockholders if we made that decision without 
consulting legal counsel to determine the company's financial 
exposure absent the settlement.
    Since this question remains unanswered, Congress is forced 
to be the arbitrator between sides involved in the litigation. 
This is a role Congress should not be forced to assume without 
sufficient information. Given the troublesome fact that the 
current Administration has expressed general fiscal and other 
reservations about this bill, Congress should ask for and 
deserves answers. As part of this, Department of the Interior 
was asked for its views on the bill as passed by the Natural 
Resources Committee. The Department's response to Congress, 
which is attached, clearly indicates there are issues that 
still need to be resolved.
    I also sent a letter on September 25, 2009 to the 
Department of Justice asking for opinions on this legislation. 
The letter specifically asks the Attorney General to provide 
his view on the ``likelihood that the recipients of water 
rights and funds transferred by these settlements would prevail 
on the merits of their claims and whether these settlement 
amounts represent a net benefit to the taxpayers as compared to 
the consequences and costs of litigation.'' To date, I have not 
received a response from the Department of Justice, and I 
fundamentally believe that Congress needs this and other 
answers before moving forward with spending hundreds of 
millions of American taxpayer dollars.
    My request is based on precedent. In an appearance before 
the Natural Resources Committee on legislation resolving 
Colville Indian claims, a Clinton Administration Justice 
Department official testified in 1994, ``[T]he Federal 
government is not that well postured for a victory on this 
claim which has been pending for over 40 years. Absent the 
settlement, we could well litigate it for another ten years and 
the outcome could easily be a significant cost to the taxpayers 
and the public.'' This testimony was very helpful in moving 
that legislation forward. According to the Congressional 
Research Service, Justice Department officials have testified 
on additional settlements pending before Congress, so there is 
no reason why this Congress should act without similar 
information on this bill.
    Without these transparent answers and with the large amount 
of taxpayer funding in this bill, I have serious concerns with 
the way this Congress and the Obama Administration are moving 
forward on H.R. 1065 and Indian water rights settlement bills 
in general.
                                   Tom McClintock.
                                   
                                   
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