II 

Calendar No. 260 

111TH CONGRESS 

2D SESSION S. 313 

[Report No. 111–119] 

To resolve water rights claims of the White Mountain Apache Tribe in 

the State of Arizona, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2009 

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

JANUARY 21, 2010 

Reported by Mr. DORGAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To resolve water rights claims of the White Mountain Apache 

Tribe in the State of Arizona, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘White Mountain 

5 Apache Tribe Water Rights Quantification Act of 2009’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) proceedings to determine the nature and ex4 tent of the water rights of the White Mountain 

5 Apache Tribe, members of the Tribe, the United 

6 States, and other claimants are pending in— 

7 (A) the consolidated civil action in the Su8 perior Court of the State of Arizona for the 

9 County of Maricopa styled In re the General 

10 Adjudication of All Rights To Use Water In 

11 The Gila River System and Source, W–1 (Salt), 

12 W–2 (Verde), W–3 (Upper Gila), W–4 (San 

13 Pedro); and 

14 (B) the civil action pending in the Superior 

15 Court of the State of Arizona for the County of 

16 Apache styled In re the General Adjudication of 

17 All Rights to Use Water in the Little Colorado 

18 River System and Source and numbered CIV– 

19 6417; 

20 (2) a final resolution of those proceedings 

21 might— 

22 (A) take many years; 

23 (B) entail great expense; 

24 (C) prolong uncertainty concerning the 

25 availability of water supplies; and 


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1 (D) seriously impair the long-term eco2 nomic well-being of all parties to the pro3 ceedings; 

4 (3) the Tribe, non-Indian communities located 

5 near the reservation of the Tribe, and other Arizona 

6 water users have agreed— 

7 (A) to permanently quantify the water 

8 rights of the Tribe, members of the Tribe, and 

9 the United States in its capacity as trustee for 

10 the Tribe and members in accordance with the 

11 Agreement; and 

12 (B) to seek funding, in accordance with 

13 applicable law, for the implementation of the 

14 Agreement; 

15 (4) it is the policy of the United States to quan16 tify, to the maximum extent practicable, water rights 

17 claims of Indian tribes without lengthy and costly 

18 litigation; 

19 (5) as of the date of enactment of this Act, the 

20 tribal water rights are unquantified vested property 

21 rights held in trust by the United States for the ben22 efit of the Tribe; and 

23 (6) in keeping with the trust responsibility of 

24 the United States to Indian tribes, and to promote 

25 tribal sovereignty and economic self-sufficiency, it is 


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1 appropriate that the United States participate in 

2 and contribute funds for the implementation of the 

3 Agreement. 

4 (b) PURPOSES.—The purposes of this Act are— 

5 (1) to authorize, ratify, and confirm the Agree6 ment; 

7 (2) to authorize and direct the Secretary to exe8 cute the Agreement and carry out all obligations of 

9 the Secretary under the Agreement; 

10 (3) to authorize the actions and appropriations 

11 necessary for the United States to meet the obliga12 tions of the United States under the Agreement and 

13 this Act; and 

14 (4) to permanently resolve certain damage 

15 claims and all water rights claims among— 

16 (A) the Tribe and its members; 

17 (B) the United States in its capacity as 

18 trustee for the Tribe and its members; 

19 (C) the parties to the Agreement; and 

20 (D) all other claimants in the proceedings 

21 referred to in subsection (a)(1). 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) AGREEMENT.—The ‘‘Agreement’’ means— 


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1 (A) the WMAT Water Rights Quantifica2 tion Agreement dated January 13, 2009; and 

3 (B) any amendment or exhibit (including 

4 exhibit amendments) to that agreement that 

5 are— 

6 (i) made in accordance with this Act; 

7 or 

8 (ii) otherwise approved by the Sec9 retary. 

10 (2) BUREAU.—The term ‘‘Bureau’’ means the 

11 Bureau of Reclamation. 

12 (3) CAP.—The term ‘‘CAP’’ means the rec13 lamation project authorized and constructed by the 

14 United States in accordance with title III of the Col15 orado River Basin Project Act (43 U.S.C. 1521 et 

16 seq.). 

17 (4) CAP CONTRACTOR.—The term ‘‘CAP con18 tractor’’ means an individual or entity that has en19 tered into a long-term contract (as that term is used 

20 in the repayment stipulation) with the United States 

21 for delivery of water through the CAP system. 

22 (5) CAP FIXED OM&R CHARGE.—The term 

23 ‘‘CAP fixed OM&R charge’’ has the meaning given 

24 the term in the repayment stipulation. 


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1 (6) CAP M&I PRIORITY WATER.—The term 

2 ‘‘CAP M&I priority water’’ means the CAP water 

3 having a municipal and industrial delivery priority 

4 under the repayment contract. 

5 (7) CAP SUBCONTRACTOR.—The term ‘‘CAP 

6 subcontractor’’ means an individual or entity that 

7 has entered into a long-term subcontract (as that 

8 term is used in the repayment stipulation) with the 

9 United States and the District for the delivery of 

10 water through the CAP system. 

11 (8) CAP SYSTEM.—The term ‘‘CAP system’’ 

12 means— 

13 (A) the Mark Wilmer Pumping Plant; 

14 (B) the Hayden-Rhodes Aqueduct; 

15 (C) the Fannin-McFarland Aqueduct; 

16 (D) the Tucson Aqueduct; 

17 (E) any pumping plant or appurtenant 

18 works of a feature described in any of subpara19 graphs (A) through (D); and 

20 (F) any extension of, addition to, or re21 placement for a feature described in any of sub22 paragraphs (A) through (E). 

23 (9) CAP WATER.—The term ‘‘CAP water’’ 

24 means ‘‘Project Water’’ (as that term is defined in 

25 the repayment stipulation). 


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1 (10) CONTRACT.—The term ‘‘Contract’’ 

2 means— 

3 (A) the contract between the Tribe and the 

4 United States attached as exhibit 7.1 to the 

5 Agreement and numbered 08–XX–30–W0529 

6 and dated øllll¿; and 

7 (B) any amendments to that contract. 

8 (11) DISTRICT.—The term ‘‘District’’ means 

9 the Central Arizona Water Conservation District, a 

10 political subdivision of the State that is the con11 tractor under the repayment contract. 

12 (12) ENFORCEABILITY DATE.—The term ‘‘en13 forceability date’’ means the date described in sec14 tion 12(c)(1). 

15 (13) INJURY TO WATER RIGHTS.— 

16 (A) IN GENERAL.—The term ‘‘injury to 

17 water rights’’ means an interference with, dimi18 nution of, or deprivation of, a water right under 

19 Federal, State, or other law. 

20 (B) INCLUSIONS.—The term ‘‘injury to 

21 water rights’’ includes— 

22 (i) a change in the groundwater table; 

23 and 

24 (ii) any effect of such a change. 


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1 (C) EXCLUSION.—The term ‘‘injury to 

2 water rights’’ does not include any injury to 

3 water quality. 

4 (14) OFF-RESERVATION TRUST LAND.—The 

5 term ‘‘off-reservation trust land’’ means land— 

6 (A) located outside the exterior boundaries 

7 of the reservation that is held in trust by the 

8 United States for the benefit of the Tribe as of 

9 the enforceability date; and 

10 (B) depicted on the map attached to the 

11 Agreement as exhibit 2.57. 

12 (15) OPERATING AGENCY.—The term ‘‘Oper13 ating Agency’’ means the 1 or more entities author14 ized to assume responsibility for the care, operation, 

15 maintenance, and replacement of the CAP system. 

16 (16) REPAYMENT CONTRACT.—The term ‘‘re17 payment contract’’ means— 

18 (A) the contract between the United States 

19 and the District for delivery of water and re20 payment of the costs of the CAP, numbered 

21 14–06–W–245 (Amendment No. 1), and dated 

22 December 1, 1988; and 

23 (B) any amendment to, or revision of, that 

24 contract. 


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1 (17) REPAYMENT STIPULATION.—The term 

2 ‘‘repayment stipulation’’ means the stipulated judg3 ment and the stipulation for judgment (including 

4 any exhibits to those documents) entered on Novem5 ber 21, 2007, in the United States District Court 

6 for the District of Arizona in the consolidated civil 

7 action styled Central Arizona Water Conservation 

8 District v. United States, et al., and numbered CIV 

9 95–625–TUC–WDB (EHC) and CIV 95–1720– 

10 PHX–EHC. 

11 (18) RESERVATION.— 

12 (A) IN GENERAL.—The term ‘‘reservation’’ 

13 means the land within the exterior boundary of 

14 the White Mountain Indian Reservation estab15 lished by the Executive order dated November 

16 9, 1871, as modified by subsequent Executive 

17 orders and Acts of Congress— 

18 (i) known on the date of enactment of 

19 this Act as the ‘‘Fort Apache Reservation’’ 

20 pursuant to the Act of June 7, 1897 (30 

21 Stat. 62, chapter 3); and 

22 (ii) generally depicted on the map at23 tached to the Agreement as exhibit 2.81. 


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1 (B) NO EFFECT ON DISPUTE OR AS ADMIS2 SION.—The depiction of the reservation de3 scribed in subparagraph (A)(ii) shall not— 

4 (i) be used to affect any dispute be5 tween the Tribe and the United States 

6 concerning the legal boundary of the res7 ervation; and 

8 (ii) constitute an admission by the 

9 Tribe with regard to any dispute between 

10 the Tribe and the United States con11 cerning the legal boundary of the reserva12 tion. 

13 (19) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of the Interior. 

15 (20) STATE.—The term ‘‘State’’ means the 

16 State of Arizona. 

17 (21) TRIBAL CAP WATER.—The term ‘‘tribal 

18 CAP water’’ means the CAP water to which the 

19 Tribe is entitled pursuant to the Contract. 

20 (22) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

21 water rights’’ means the water rights of the Tribe 

22 described in paragraph 4.0 of the Agreement. 

23 (23) TRIBE.—The term ‘‘Tribe’’ means the 

24 White Mountain Apache Tribe organized under sec25 tion 16 of the Act of June 18, 1934 (commonly 


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1 known as the ‘‘Indian Reorganization Act’’) (25 

2 U.S.C. 476). 

3 (24) WATER RIGHT.—The term ‘‘water right’’ 

4 means any right in or to groundwater, surface 

5 water, or effluent under Federal, State, or other law. 

6 (25) WMAT RURAL WATER SYSTEM.—The 

7 term ‘‘WMAT rural water system’’ means the mu8 nicipal, rural, and industrial water diversion, stor9 age, and delivery system described in section 7. 

10 (26) YEAR.—The term ‘‘year’’ means a cal11 endar year. 

12 SEC. 4. APPROVAL OF AGREEMENT. 

13 (a) APPROVAL.— 

14 (1) IN GENERAL.—Except to the extent that 

15 any provision of the Agreement conflicts with a pro16 vision of this Act, the Agreement is authorized, rati17 fied, and confirmed. 

18 (2) AMENDMENTS.—Any amendment to the 

19 Agreement is authorized, ratified, and confirmed, to 

20 the extent that such an amendment is executed to 

21 make the Agreement consistent with this Act. 

22 (b) EXECUTION OF AGREEMENT.—To the extent that 

23 the Agreement does not conflict with this Act, the Sec24 retary shall— 


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1 (1) execute the Agreement (including signing 

2 any exhibit to the Agreement requiring the signature 

3 of the Secretary); and 

4 (2) execute any amendment to the Agreement 

5 necessary to make the Agreement consistent with 

6 this Act. 

7 (c) NATIONAL ENVIRONMENTAL POLICY ACT.— 

8 (1) ENVIRONMENTAL COMPLIANCE.—In imple9 menting the Agreement, the Secretary shall prompt10 ly comply with all applicable requirements of— 

11 (A) the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.); 

13 (B) the Endangered Species Act of 1973 

14 (16 U.S.C. 1531 et seq.); 

15 (C) all other applicable Federal environ16 mental laws; and 

17 (D) all regulations promulgated under the 

18 laws described in subparagraphs (A) through 

19 (C). 

20 (2) EXECUTION OF AGREEMENT.— 

21 (A) IN GENERAL.—Execution of the Agree22 ment by the Secretary under this section shall 

23 not constitute a major Federal action under the 

24 National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 


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1 (B) ENVIRONMENTAL COMPLIANCE.—The 

2 Secretary shall carry out all necessary environ3 mental compliance required by Federal law in 

4 implementing the Agreement. 

5 (3) LEAD AGENCY.—The Bureau shall serve as 

6 the lead agency with respect to ensuring environ7 mental compliance associated with the WMAT rural 

8 water system. 

9 SEC. 5. WATER RIGHTS. 

10 (a) RIGHTS HELD IN TRUST.—The tribal water 

11 rights shall be held in trust by the United States on behalf 

12 of Tribe. 

13 (b) REALLOCATION.— 

14 (1) IN GENERAL.—In accordance with this Act 

15 and the Agreement, the Secretary shall reallocate to 

16 the Tribe, and offer to enter into a contract with the 

17 Tribe for the delivery in accordance with this section 

18 of— 

19 (A) an annual entitlement to 23,782 acre20 feet per year of CAP water that has a non-In21 dian agricultural delivery priority (as defined in 

22 the Contract) in accordance with section 

23 104(a)(1)(A)(iii) of the Arizona Water Settle24 ments Act (Public Law 108–451; 118 Stat. 

25 3488), of which— 


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1 (i) 3,750 acre-feet per year shall be 

2 firmed by the United States for the benefit 

3 of the Tribe for the 100-year period begin4 ning on January 1, 2008, with priority 

5 equivalent to CAP M&I priority water, in 

6 accordance with section 105(b)(1)(B) of 

7 that Act (118 Stat. 3492); and 

8 (ii) 3,750 acre-feet per year shall be 

9 firmed by the State for the benefit of the 

10 Tribe for the 100-year period beginning on 

11 January 1, 2008, with priority equivalent 

12 to CAP M&I priority water, in accordance 

13 with section 105(b)(2)(B) of that Act (118 

14 Stat. 3492); and 

15 (B) an annual entitlement to 1,218 acre16 feet per year of the water— 

17 (i) acquired by the Secretary through 

18 the permanent relinquishment of the 

19 Harquahala Valley Irrigation District CAP 

20 subcontract entitlement in accordance with 

21 the contract numbered 3–07–30–W0290 

22 among the District, Harquahala Valley Ir23 rigation District, and the United States; 

24 and 


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1 (ii) converted to CAP Indian Priority 

2 water (as defined in the Contract) pursu3 ant to the Fort McDowell Indian Commu4 nity Water Rights Settlement Act of 1990 

5 (Public Law 101–628; 104 Stat. 4480). 

6 (2) AUTHORITY OF TRIBE.—Subject to approval 

7 by the Secretary under section 6(a)(1), the Tribe 

8 shall have the sole authority to lease, distribute, ex9 change, or allocate the tribal CAP water described 

10 in paragraph (1). 

11 (c) WATER SERVICE CAPITAL CHARGES.—The Tribe 

12 shall not be responsible for any water service capital 

13 charge for tribal CAP water. 

14 (d) ALLOCATION AND REPAYMENT.—For the pur15 pose of determining the allocation and repayment of costs 

16 of any stages of the CAP constructed after November 21, 

17 2007, the costs associated with the delivery of water de18 scribed in subsection (b), regardless of whether the water 

19 is delivered for use by the Tribe or in accordance with 

20 any assignment, exchange, lease, option to lease, or other 

21 agreement for the temporary disposition of water entered 

22 into by Tribe, shall be— 

23 (1) nonreimbursable; and 

24 (2) excluded from the repayment obligation of 

25 the District. 


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1 (e) WATER CODE.—Not later than 18 months after 

2 the enforceability date, the Tribe shall enact a water code 

3 that— 

4 (1) governs the tribal water rights; and 

5 (2) includes, at a minimum— 

6 (A) provisions requiring the measurement, 

7 calculation, and recording of all diversions and 

8 depletions of water on the reservation and on 

9 off-reservation trust land; 

10 (B) terms of a water conservation plan, in11 cluding objectives, conservation measures, and 

12 an implementation timeline; 

13 (C) provisions requiring the approval of 

14 the Tribe for the severance and transfer of 

15 rights to the use of water from historically irri16 gated land identified in paragraph 11.3.2.1 of 

17 the Agreement to diversions and depletions on 

18 other non-historically irrigated land not located 

19 on the watershed of the same water source; and 

20 (D) provisions requiring the authorization 

21 of the Tribe for all diversions of water on the 

22 reservation and on off-reservation trust land by 

23 any individual or entity other than the Tribe. 


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1 SEC. 6. CONTRACT. 

2 (a) IN GENERAL.—The Secretary shall enter into the 

3 Contract, in accordance with the Agreement, to provide, 

4 among other things, that— 

5 (1) the Tribe, on approval of the Secretary, 

6 may— 

7 (A) enter into contracts or options to lease, 

8 contracts to exchange, or options to exchange 

9 tribal CAP water in Maricopa, Pinal, Pima, and 

10 Yavapai Counties in the State providing for the 

11 temporary delivery to any individual or entity of 

12 any portion of the tribal CAP water, subject to 

13 the condition that— 

14 (i) the term of the contract or option 

15 to lease shall not be longer than 100 years; 

16 (ii) the contracts or options to ex17 change shall be for the term provided in 

18 the contract or option; and 

19 (iii) a lease or option to lease pro20 viding for the temporary delivery of tribal 

21 CAP water shall require the lessee to pay 

22 to the Operating Agency all CAP fixed 

23 OM&R charges and all CAP pumping en24 ergy charges (as defined in the repayment 

25 stipulation) associated with the leased 

26 water; and 


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1 (B) renegotiate any lease at any time dur2 ing the term of the lease, subject to the condi3 tion that the term of the renegotiated lease 

4 shall not exceed 100 years; 

5 (2) no portion of the tribal CAP water may be 

6 permanently alienated; 

7 (3)(A) the Tribe (and not the United States in 

8 any capacity) shall be entitled to all consideration 

9 due to the Tribe under any contract or option to 

10 lease or exchange tribal CAP water entered into by 

11 the Tribe; and 

12 (B) the United States (in any capacity) has no 

13 trust or other obligation to monitor, administer, or 

14 account for, in any manner— 

15 (i) any funds received by the Tribe as con16 sideration under a contract or option to lease or 

17 exchange tribal CAP water; or 

18 (ii) the expenditure of those funds; 

19 (4)(A) all tribal CAP water shall be delivered 

20 through the CAP system; and 

21 (B) if the delivery capacity of the CAP system 

22 is significantly reduced or anticipated to be signifi23 cantly reduced for an extended period of time, the 

24 Tribe shall have the same CAP delivery rights as a 

25 CAP contractor or CAP subcontractor that is alVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 lowed to take delivery of water other than through 

2 the CAP system; 

3 (5) the Tribe may use tribal CAP water on or 

4 off the reservation for any purpose; 

5 (6) as authorized by subsection (f)(2)(A) of sec6 tion 403 of the Colorado River Basin Project Act 

7 (43 U.S.C. 1543) and to the extent that funds are 

8 available in the Lower Colorado River Basin Devel9 opment Fund established by subsection (a) of that 

10 section, the United States shall pay to the Operating 

11 Agency the CAP fixed OM&R charges associated 

12 with the delivery of tribal CAP water (except in the 

13 case of tribal CAP water leased by any individual or 

14 entity); 

15 (7) the Secretary shall waive the right of the 

16 Secretary to capture all return flow from project ex17 change water flowing from the exterior boundary of 

18 the reservation; and 

19 (8) no CAP water service capital charge shall 

20 be due or payable for the tribal CAP water, regard21 less of whether the water is delivered for use by the 

22 Tribe or pursuant to a contract or option to lease 

23 or exchange tribal CAP water entered into by the 

24 Tribe. 

25 (b) REQUIREMENTS.—The Contract shall be— 


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1 (1) for permanent service (within the meaning 

2 of section 5 of the Boulder Canyon Project Act (43 

3 U.S.C. 617d)); and 

4 (2) without limit as to term. 

5 (c) RATIFICATION.— 

6 (1) IN GENERAL.—Except to the extent that 

7 any provision of the Contract conflicts with a provi8 sion of this Act, the Contract is authorized, ratified, 

9 and confirmed. 

10 (2) AMENDMENTS.—Any amendment to the 

11 Contract is authorized, ratified, and confirmed, to 

12 the extent that such an amendment is executed to 

13 make the Contract consistent with this Act. 

14 (d) EXECUTION OF CONTRACT.—To the extent that 

15 the Contract does not conflict with this Act, the Secretary 

16 shall execute the Contract. 

17 (e) PAYMENT OF CHARGES.—The Tribe, and any re18 cipient of tribal CAP water through a contract or option 

19 to lease or exchange, shall not be obligated to pay a water 

20 service capital charge or any other charge, payment, or 

21 fee for CAP water, except as provided in an applicable 

22 lease or exchange agreement. 

23 (f) PROHIBITIONS.— 

24 (1) USE OUTSIDE STATE.—No tribal CAP 

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1 wise transferred by the Tribe in any way for use di2 rectly or indirectly outside the State. 

3 (2) USE OFF RESERVATION.—Except as author4 ized by this section and paragraph 4.7 of the Agree5 ment, no tribal water rights under this Act may be 

6 sold, leased, transferred, or used outside the bound7 aries of the reservation or off-reservation trust land 

8 other than pursuant to an exchange. 

9 (3) AGREEMENTS WITH ARIZONA WATER BANK10 ING AUTHORITY.—Nothing in this Act or the Agree11 ment limits the right of the Tribe to enter into an 

12 agreement with the Arizona Water Banking Author13 ity established by section 45–2421 of the Arizona 

14 Revised Statutes (or any successor entity), in ac15 cordance with State law. 

16 (g) LEASES.— 

17 (1) IN GENERAL.—To the extent the leases of 

18 tribal CAP Water by the Tribe to the District and 

19 to any of the cities, attached as exhibits to the 

20 Agreement, are not in conflict with the provisions of 

21 this Act— 

22 (A) those leases are authorized, ratified, 

23 and confirmed; and 

24 (B) the Secretary shall execute the leases. 


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1 (2) AMENDMENTS.—To the extent that amend2 ments are executed to make the leases described in 

3 paragraph (1) consistent with this Act, those amend4 ments are authorized, ratified, and confirmed. 

5 SEC. 7. AUTHORIZATION OF THE RURAL WATER SYSTEM. 

6 (a) IN GENERAL.—Subject to the availability of ap7 propriations, the Secretary, acting through the Bureau, 

8 shall plan, design, construct, operate, maintain, replace, 

9 and rehabilitate the WMAT rural water system as gen10 erally described in the project extension report dated Feb11 ruary 2007. 

12 (b) COMPONENTS.—The WMAT rural water system 

13 under subsection (a) shall consist of— 

14 (1) a dam and storage reservoir, pumping 

15 plant, and treatment facilities located along the 

16 North Fork White River near the community of 

17 Whiteriver; 

18 (2) pipelines extending from the water treat19 ment plants to existing water distribution systems 

20 serving the Whiteriver, Carrizo, and Cibecue areas, 

21 together with other communities along the pipeline; 

22 (3) connections to existing distribution facili23 ties, including public and private water systems in 

24 existence on the date of enactment of this Act; 

25 (4) appurtenant buildings and access roads; 


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1 (5) electrical power transmission and distribu2 tion facilities necessary for services to rural water 

3 system facilities; 

4 (6) all property and property rights necessary 

5 for the facilities described in this subsection; and 

6 (7) such other project components as the Sec7 retary determines to be appropriate to meet the 

8 water supply, economic, public health, and environ9 mental needs of the portions of the reservation 

10 served by the WMAT rural water system, including 

11 water storage tanks, water lines, and other facilities 

12 for the Tribe and the villages and towns on the res13 ervation. 

14 (c) SERVICE AREA.—The service area of the WMAT 

15 rural water system shall be as described in the Project 

16 Extension report dated February 2007. 

17 (d) CONSTRUCTION REQUIREMENTS.—The compo18 nents of the WMAT rural water system shall be planned 

19 and constructed to a size that is sufficient to meet the 

20 municipal, rural, and industrial water supply requirements 

21 of the WMAT rural water system service area during the 

22 period beginning on the date of enactment of this Act and 

23 ending not earlier than December 31, 2040. 


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1 (e) TITLE.—Title to the WMAT rural water system 

2 shall be held in trust by the United States in its capacity 

3 as trustee for the Tribe. 

4 (f) TECHNICAL ASSISTANCE.—The Secretary shall 

5 provide such technical assistance as is necessary to enable 

6 the Tribe to plan, design, construct, operate, maintain, 

7 and replace the WMAT rural water system, including op8 eration and management training. 

9 (g) APPLICABILITY OF ISDEAA.—Planning, design, 

10 construction, operation, maintenance, rehabilitation, and 

11 replacement of the WMAT rural water system on the res12 ervation shall be subject to the provisions (including regu13 lations) of the Indian Self-Determination and Education 

14 Assistance Act (25 U.S.C. 450 et seq.). 

15 (h) CONDITION.—As a condition of construction of 

16 the facilities authorized by this section, the Tribe shall 

17 provide, at no cost to the Secretary, all land or interests 

18 in land, as appropriate, that the Secretary identifies as 

19 being necessary for those facilities. 

20 SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL 

21 FISH HATCHERIES, AND EXISTING IRRIGA22 TION SYSTEMS. 

23 (a) IN GENERAL.—Subject to the availability of ap24 propriations, on request of the Tribe, the Secretary shall 

25 provide financial and technical assistance to complete the 


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1 Hawley Lake, Horseshoe Lake, Reservation Lake, Sunrise 

2 Lake, and Big and Little Bear Lake reconstruction 

3 projects and facilities improvements, as generally de4 scribed in the Bureau report entitled ‘‘White Mountain 

5 Apache Tribe Recreation Planning Study—April 2003’’. 

6 (b) ALCHESAY WILLIAMS CREEK NATIONAL FISH

7 HATCHERY COMPLEX.— 

8 (1) IN GENERAL.—Subject to the availability of 

9 appropriations, the Secretary shall operate, main10 tain, rehabilitate, and upgrade the Alchesay-Wil11 liams Creek National Fish Hatchery Complex on the 

12 reservation for the continued general and primary 

13 benefit of the Tribe and the White Mountain region. 

14 (2) COMPLEX REHABILITATION.—The rehabili15 tation of, and upgrades to, the complex described in 

16 paragraph (1) shall include— 

17 (A) raceway construction and rehabilita18 tion, water quality improvements, a water recir19 culation system, supplemental water treatment 

20 capability, equipment acquisition, and building 

21 rehabilitation; and 

22 (B) capital improvement and deferred 

23 maintenance facility needs identified in the re24 ports of the United States Fish and Wildlife 

25 Service entitled ‘‘Facilities Needs Assessment’’ 


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1 and ‘‘Merrick Report’’ and dated September 

2 2000, as updated through 2008. 

3 (c) TRIBE FISHERY CENTER.—Subject to the avail4 ability of appropriations, the Secretary shall plan, design, 

5 construct, operate, maintain, rehabilitate, and replace a 

6 fish grow-out facility, to be known as the ‘‘WMAT Fishery 

7 Center’’, on the west side of the reservation for the benefit 

8 of the Tribe, consisting of— 

9 (1) a 10,000 square foot indoor facility; 

10 (2) circular fiberglass tanks; 

11 (3) plumbing and required equipment; 

12 (4) collection and conveyance water systems; 

13 and 

14 (5) raceways and ponds. 

15 (d) SUNRISE SKI PARK SNOW-MAKING INFRASTRUC16 TURE.—Subject to the availability of appropriations, the 

17 Secretary shall plan, design, and construct snow-making 

18 capacity and infrastructure for Sunrise Ski Park, con19 sisting of— 

20 (1) enlargement of Ono Lake; 

21 (2) replacement of snow-making infrastructure, 

22 as necessary; and 

23 (3) expansion of snow-making infrastructure 

24 and capacity to all ski runs on Sunrise Peak, Apache 

25 Peak, and Cyclone Peak. 


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1 (e) EXISTING IRRIGATION SYSTEM REHABILITA2 TION.—Subject to the availability of appropriations, the 

3 Secretary shall operate, maintain, rehabilitate, and up4 grade the Canyon Day and other historic irrigation sys5 tems on the reservation for the continued general and pri6 mary benefit of the Tribe. 

7 (f) APPLICABILITY OF ISDEAA.—Planning, design, 

8 construction, operation, maintenance, rehabilitation, re9 placement, and upgrade of the projects identified in this 

10 section shall be subject to the provisions (including regula11 tions) of the Indian Self-Determination and Education As12 sistance Act (25 U.S.C. 450 et seq.). 

13 SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PROD14 UCTS IMPROVEMENTS. 

15 (a) FEASIBILITY STUDY.—Subject to the availability 

16 of appropriations and pursuant to the provisions (includ17 ing regulations) of the Indian Self-Determination and 

18 Education Assistance Act (25 U.S.C. 450 et seq.), on re19 ceipt of a request by the Tribe, the Secretary shall conduct 

20 a feasibility study of options for— 

21 (1) improving the manufacture and use of tim22 ber products derived from commercial forests on the 

23 reservation; and 

24 (2) improving forest management practices, 

25 consistent with sustained yield principles for multiVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 purpose forest uses, healthy forest initiatives, and 

2 other applicable law to supply raw materials for fu3 ture manufacture and use. 

4 (b) REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Secretary, with concurrence 

6 of the tribal council of the Tribe, shall submit to Congress 

7 a report describing the results of the feasibility study 

8 under subsection (a), including recommendations of the 

9 Secretary, if any, for the improvements described in that 

10 subsection. 

11 (c) IMPLEMENTATION.—Subject to the availability of 

12 appropriations, the Secretary shall plan, design, and con13 struct the improvements recommended under subsection 

14 (b). 

15 SEC. 10. RECREATION IMPOUNDMENTS AND RELATED FA16 CILITIES. 

17 Subject to the availability of appropriations, on re18 ceipt of a request by the Tribe and pursuant to the provi19 sions (including regulations) of the Indian Self-Deter20 mination and Education Assistance Act (25 U.S.C. 450 

21 et seq.), the Secretary shall— 

22 (1) conduct a feasibility study of recreation im23 poundments throughout the reservation; 

24 (2) develop recommendations for the implemen25 tation, by not later than 1 year after the date of enVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 actment of this Act, of feasible recreation impound2 ments; and 

3 (3) plan, design, and construct any rec4 ommended recreation impoundments and related 

5 recreation facilities. 

6 SEC. 11. SATISFACTION OF CLAIMS. 

7 (a) IN GENERAL.—The benefits realized by the Tribe 

8 and its members under this Act shall be in full satisfaction 

9 of all claims of the Tribe and its members for water rights 

10 and injury to water rights, except as set forth in the 

11 Agreement, under Federal, State, or other law with re12 spect to the reservation and off-reservation trust land. 

13 (b) USES OF WATER.—All uses of water on lands 

14 outside of the reservation, if and when such lands are sub15 sequently and finally determined to be part of the reserva16 tion through resolution of any dispute between the Tribe 

17 and the United States over the location of the reservation 

18 boundary, and any fee lands within the reservation put 

19 into trust and made part of the reservation, shall be sub20 ject to the maximum annual diversion amounts and the 

21 maximum annual depletion amounts specified in the 

22 Agreement. 

23 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith24 standing subsection (a), nothing in this Act has the effect 


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1 of recognizing or establishing any right of a member of 

2 the Tribe to water on the reservation. 

3 SEC. 12. WAIVER AND RELEASE OF CLAIMS. 

4 (a) IN GENERAL.—– 

5 (1) CLAIMS AGAINST THE STATE AND OTH6 ERS.—–Except as provided in subparagraph 12.6 of 

7 the Agreement, the Tribe, on behalf of itself and its 

8 members, and the United States, acting in its capac9 ity of trustee for the Tribe and its members as part 

10 of the performance of their obligations under the 

11 Agreement, are authorized to execute a waiver and 

12 release of any claims against the State (or any agen13 cy or political subdivision of the State), or any other 

14 person, entity, corporation, or municipal corporation 

15 under Federal, State, or other law for all— 

16 (A)(i) past, present, and future claims for 

17 water rights for the reservation and off-reserva18 tion trust land arising from time immemorial 

19 and, thereafter, forever; and 

20 (ii) past, present, and future claims for 

21 water rights arising from time immemorial and, 

22 thereafter, forever, that are based upon aborigi23 nal occupancy of land by the Tribe, its mem24 bers, or their predecessors; 


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1 (B)(i) past and present claims for injury to 

2 water rights for the reservation and off-reserva3 tion trust land arising from time immemorial 

4 through the enforceability date; 

5 (ii) past, present, and future claims for in6 jury to water rights arising from time immemo7 rial and, thereafter, forever, that are based 

8 upon aboriginal occupancy of land by the Tribe 

9 and its members, or their predecessors; and 

10 (iii) claims for injury to water rights aris11 ing after the enforceability date for the reserva12 tion and off-reservation trust land resulting 

13 from off-reservation diversion or use of water in 

14 a manner not in violation of the Agreement or 

15 State law; and 

16 (C) past, present, and future claims aris17 ing out of or relating in any manner to the ne18 gotiation or execution of the Agreement or the 

19 negotiation or enactment of this Act. 

20 (2) CLAIMS AGAINST TRIBE.—Except as pro21 vided in subparagraph 12.8 of the Agreement, the 

22 United States, in all its capacities (except as trustee 

23 for an Indian tribe other than the Tribe), as part of 

24 the performance of its obligations under the Agree25 ment, is authorized to execute a waiver and release 


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1 of any and all claims against the Tribe, its members, 

2 or any agency, official, or employee of the Tribe, 

3 under Federal, State, or any other law for all— 

4 (A) past and present claims for injury to 

5 water rights resulting from the diversion or use 

6 of water on the reservation and on off-reserva7 tion trust land arising from time immemorial 

8 through the enforceability date; 

9 (B) claims for injury to water rights aris10 ing after the enforceability date resulting from 

11 the diversion or use of water on the reservation 

12 and on off-reservation trust land in a manner 

13 not in violation of the Agreement; and 

14 (C) past, present, and future claims aris15 ing out of or related in any manner to the nego16 tiation or execution of the Agreement or the ne17 gotiation or enactment of this Act. 

18 (3) CLAIMS AGAINST THE UNITED STATES.— 

19 Except as provided in subparagraph 12.7 of the 

20 Agreement, the Tribe, on behalf of itself and its 

21 members, as part of the performance of its obliga22 tions under the Agreement, is authorized to execute 

23 a waiver and release of any claim against the United 

24 States, including agencies, officials, or employees 

25 thereof (except in the United States capacity as 


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1 trustee for other tribes), under Federal, State, or 

2 other law for any and all— 

3 (A)(i) past, present, and future claims for 

4 water rights for the reservation and off-reserva5 tion trust land arising from time immemorial 

6 and, thereafter, forever; and 

7 (ii) past, present, and future claims for 

8 water rights arising from time immemorial and, 

9 thereafter, forever, that are based on aboriginal 

10 occupancy of land by the Tribe and its mem11 bers, or their predecessors; 

12 (B)(i) past and present claims relating in 

13 any manner to damages, losses, or injuries to 

14 water, water rights, land, or other resources 

15 due to loss of water or water rights (including 

16 but not limited to damages, losses or injuries to 

17 hunting, fishing, gathering, or cultural rights 

18 due to loss of water or water rights; claims re19 lating to interference with, diversion or taking 

20 of water; or claims relating to failure to protect, 

21 acquire, or develop water, water rights or water 

22 infrastructure) within the reservation and off23 reservation trust land that first accrued at any 

24 time prior to the enforceability date; 


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1 (ii) past, present, and future claims for in2 jury to water rights arising from time immemo3 rial and, thereafter, forever, that are based on 

4 aboriginal occupancy of land by the Tribe and 

5 its members, or their predecessors; and 

6 (iii) claims for injury to water rights aris7 ing after the enforceability date for the reserva8 tion and off-reservation trust land resulting 

9 from the off-reservation diversion or use of 

10 water in a manner not in violation of the Agree11 ment or applicable law; 

12 (C) past, present, and future claims aris13 ing out of or relating in any manner to the ne14 gotiation, execution, or adoption of the Agree15 ment, an applicable settlement judgment or de16 cree, or this Act; 

17 (D) past and present claims relating in any 

18 manner to pending litigation of claims relating 

19 to the Tribe’s water rights for the reservation 

20 and off-reservation trust land; 

21 (E) past and present claims relating to the 

22 operation, maintenance, and replacement of ex23 isting irrigation systems on the reservation con24 structed prior to the enforceability date that 

25 first accrued at any time prior to the enforceVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 ability date, which waiver shall only become ef2 fective upon the full appropriation and payment 

3 of such funds authorized by section 16(c)(4) to 

4 the Tribe; 

5 (F) future claims relating to operation, 

6 maintenance, and replacement of the WMAT 

7 rural water system, which waiver shall only be8 come effective upon the full appropriation of 

9 funds authorized by section 16(b) and their de10 posit into the Rural Water System OM&R 

11 Fund; and 

12 (G) past, present, and future breach of 

13 trust and negligence claims for damage to the 

14 natural resources of the Tribe caused by ripar15 ian and other vegetative manipulation, includ16 ing over-cutting of forest resources by the 

17 United States for the purpose of increasing 

18 water runoff from the reservation. 

19 (4) NO WAIVER OF CLAIMS.—Nothing in this 

20 subsection waives any claim of the Tribe against the 

21 United States for future takings by the United 

22 States of reservation land or off-reservation trust 

23 land or property rights appurtenant to those lands, 

24 including any water rights set forth in paragraph 

25 4.0 of the Agreement. 


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1 (b) EFFECTIVENESS OF WAIVER AND RELEASES.— 

2 Except where otherwise specifically provided in subpara3 graphs (E) and (F) of subsection (a)(3), the waivers and 

4 releases under subsection (a) shall become effective on the 

5 enforceability date. 

6 (c) ENFORCEABILITY DATE.— 

7 (1) IN GENERAL.—This section takes effect on 

8 the date on which the Secretary publishes in the 

9 Federal Register a statement of findings that— 

10 (A) to the extent the Agreement conflicts 

11 with this Act, the Agreement has been revised 

12 through an amendment to eliminate the conflict 

13 and the Agreement, so revised, has been exe14 cuted by the Secretary, the Tribe and the Gov15 ernor of the State; 

16 (B) the Secretary has fulfilled the require17 ments of sections 5 and 6; 

18 (C)(i) the funds authorized in sections 13 

19 and 16(a), have been appropriated and depos20 ited in the Rural Water System Construction 

21 Fund; and 

22 (ii) if applicable, the funds described in 

23 section 16(i) have been deposited in the Rural 

24 Water System Construction Fund; 


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1 (D) the State funds described in subpara2 graph 13.3 of the Agreement have been depos3 ited in the Rural Water System Construction 

4 Fund; 

5 (E) the Secretary has issued a record of 

6 decision approving the construction of the 

7 WMAT rural water system in a configuration 

8 substantially similar to that described in section 

9 7; and 

10 (F) the judgments and decrees substan11 tially in the form of those attached to the 

12 Agreement as exhibits 12.9.6.1 and 12.9.6.2 

13 have been approved by the respective trial 

14 courts. 

15 (2) FAILURE OF ENFORCEABILITY DATE TO

16 OCCUR.—If, because of the failure of the enforce17 ability date to occur by October 31, 2013, this sec18 tion does not become effective, the Tribe and its 

19 members, and the United States, acting in the ca20 pacity of trustee for the Tribe and its members, 

21 shall retain the right to assert past, present, and fu22 ture water rights claims and claims for injury to 

23 water rights for the reservation and off-reservation 

24 trust land. 


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1 (3) NO RIGHTS TO WATER.—Upon the occur2 rence of the enforceability date, all land held by the 

3 United States in trust for the Tribe and its members 

4 shall have no rights to water other than those spe5 cifically quantified for the Tribe and the United 

6 States, acting in the capacity of trustee for the 

7 Tribe and its members for the reservation and off8 reservation trust land pursuant to paragraph 4.0 of 

9 the Agreement. 

10 (d) UNITED STATES ENFORCEMENT AUTHORITY.— 

11 Nothing in this Act or the Agreement affects any right 

12 of the United States to take any action, including environ13 mental actions, under any laws (including regulations and 

14 the common law) relating to human health, safety, or the 

15 environment. 

16 SEC. 13. USE OF LOWER COLORADO RIVER BASIN DEVEL17 OPMENT FUND. 

18 (a) USE OF AMOUNTS.— 

19 (1) IN GENERAL.—Subject to paragraph (2), up 

20 to $100,000,000 of amounts in the Lower Colorado 

21 River Basin Development Fund made available 

22 under section 403(f)(2)(D)(vi) of the Colorado River 

23 Basin Project Act (43 U.S.C. 1543(f)(2)(D)(vi)) 

24 may be used, without further appropriation, for the 


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1 planning, engineering, design, and construction of 

2 the WMAT rural water system. 

3 (2) REQUIREMENT.—If a loan is made to the 

4 Tribe pursuant to the White Mountain Apache Tribe 

5 Rural Water System Loan Authorization Act (Public 

6 Law 110–390; 122 Stat. 4191), the Tribe shall use 

7 such amounts made available under paragraph (1) 

8 as are necessary to repay that loan. 

9 (b) OFFSET.—To the extent necessary, the Secretary 

10 shall offset amounts expended pursuant to subsection (a) 

11 using such additional amounts as may be made available 

12 to the Secretary for the applicable fiscal year. 

13 SEC. 14. TRUST FUNDS. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Treasury of the United States— 

16 (1) a fund to be known as the ‘‘Rural Water 

17 System Construction Fund’’, consisting of— 

18 (A) the funds made available under section 

19 13; 

20 (B) the amounts appropriated to the fund 

21 pursuant to subsections (a) and (i) of section 

22 16, as applicable; and 

23 (C) the funds provided in subparagraph 

24 13.3 of the Agreement; and 


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1 (2) a fund to be known as the ‘‘Rural Water 

2 System OM&R Fund’’, consisting of amounts appro3 priated to the fund pursuant to section 16(b). 

4 (b) MANAGEMENT.—The Secretary shall manage the 

5 Rural Water System Construction Fund and the Rural 

6 Water System OM&R Fund, including by— 

7 (1) making investments from the funds; and 

8 (2) distributing amounts from the funds to the 

9 Tribe, in accordance with the American Indian 

10 Trust Fund Management Reform Act of 1994 (25 

11 U.S.C. 4001 et seq.). 

12 (c) INVESTMENT OF FUNDS.—The Secretary shall in13 vest amounts in the funds in accordance with— 

14 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

15 (2) the first section of the Act of June 24, 

16 1938 (25 U.S.C. 162a); 

17 (3) subsection (b); 

18 (4) the obligations of Federal corporations and 

19 Federal Government-sponsored entities the charter 

20 documents of which provide that the obligations of 

21 the entities are lawful investments for federally man22 aged funds, including— 

23 (A) the obligations of the United States 

24 Postal Service described in section 2005 of title 

25 39, United States Code; 


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1 (B) bonds and other obligations of the 

2 Tennessee Valley Authority described in section 

3 15d of the Tennessee Valley Authority Act of 

4 1933 (16 U.S.C. 831n–4); 

5 (C) mortgages, obligations, and other secu6 rities of the Federal Home Loan Mortgage Cor7 poration described in section 303 of the Federal 

8 Home Loan Mortgage Corporation Act (12 

9 U.S.C. 1452); and 

10 (D) bonds, notes, and debentures of the 

11 Commodity Credit Corporation described in sec12 tion 4 of the Act of March 8, 1938 (15 U.S.C. 

13 713a–4); and 

14 (5) the obligations referred to in section 201 of 

15 the Social Security Act (42 U.S.C. 401). 

16 (d) EXPENDITURES AND WITHDRAWALS.— 

17 (1) TRIBAL MANAGEMENT PLANS.— 

18 (A) IN GENERAL.—The Tribe may with19 draw any portion of the Rural Water System 

20 Construction Fund or the Rural Water System 

21 OM&R Fund on approval by the Secretary of a 

22 tribal management plan under the American In23 dian Trust Fund Management Reform Act of 

24 1994 (25 U.S.C. 4001 et seq.). 


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1 (B) REQUIREMENTS.—In addition to the 

2 requirements under that Act (25 U.S.C. 4001 

3 et seq.), the tribal management plan shall re4 quire that the Tribe shall— 

5 (i) use amounts in the Rural Water 

6 System Construction Fund only for the 

7 planning, design, and construction of the 

8 rural water system, including such sums as 

9 are necessary— 

10 (I) for the Bureau to carry out 

11 oversight of the planning, design, and 

12 construction of the rural water sys13 tem; and 

14 (II) to carry out all required en15 vironmental compliance activities asso16 ciated with the planning, design, and 

17 construction of the rural water sys18 tem; and 

19 (ii) use amounts in the Rural Water 

20 System OM&R Fund only for the oper21 ation, maintenance, and replacement costs 

22 associated with the delivery of water 

23 through the rural water system. 

24 (2) ENFORCEMENT.—The Secretary may pur25 sue such judicial remedies and carry out such adVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 ministrative actions as are necessary to enforce the 

2 tribal management plan to ensure that amounts in 

3 the Rural Water System Construction Fund and the 

4 Rural Water System OM&R Fund are used in ac5 cordance with this section. 

6 (3) LIABILITY.—On withdrawal by the Tribe of 

7 amounts in the Rural Water System Construction 

8 Fund or the Rural Water System OM&R Fund, the 

9 Secretary and the Secretary of the Treasury shall 

10 not retain liability for the expenditure or investment 

11 of those amounts. 

12 (4) EXPENDITURE PLAN.— 

13 (A) IN GENERAL.—The Tribe shall submit 

14 to the Secretary for approval an expenditure 

15 plan for any portion of the amounts in the 

16 funds under this section that the Tribe does not 

17 withdraw pursuant to this subsection. 

18 (B) DESCRIPTION.—The expenditure plan 

19 shall describe the manner in which, and the 

20 purposes for which, the amounts remaining in 

21 the funds will be used. 

22 (C) APPROVAL.—The Secretary shall ap23 prove an expenditure plan under this paragraph 

24 if the Secretary determines that the plan is— 

25 (i) reasonable; and 


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1 (ii) consistent with this Act. 

2 (5) ANNUAL REPORTS.—The Tribe shall submit 

3 to the Secretary an annual report that describes 

4 each expenditure from the Rural Water System Con5 struction Fund and the Rural Water System OM&R 

6 Fund during the year covered by the report. 

7 (e) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 

8 No amount of the principal, or the interest or income ac9 cruing on the principal, of the Rural Water System Con10 struction Fund or the Rural Water System OM&R Fund 

11 shall be distributed to any member of the Tribe on a per 

12 capita basis. 

13 (f) FUNDS NOT AVAILABLE UNTIL ENFORCEABILITY

14 DATE.—Amounts in the Rural Water System Construc15 tion Fund and the Rural Water System OM&R Fund shall 

16 not be available for expenditure or withdrawal by the 

17 Tribe until the enforceability date. 

18 SEC. 15. MISCELLANEOUS PROVISIONS. 

19 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

20 (1) IN GENERAL.—In the case of a civil action 

21 described in paragraph (2)— 

22 (A) the United States or the Tribe, or 

23 both, may be joined in the civil action; and 

24 (B) any claim by the United States or the 

25 Tribe to sovereign immunity from the civil acVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6401 E:\BILLS\S313.RS S313

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1 tion is waived for the sole purpose of resolving 

2 any issue regarding the interpretation or en3 forcement of this Act or the Agreement. 

4 (2) DESCRIPTION OF CIVIL ACTION.—A civil ac5 tion referred to in paragraph (1) is a civil action 

6 filed— 

7 (A) by any party to the Agreement or sig8 natory to an exhibit to the Agreement in a 

9 United States or State court that— 

10 (i) relates solely and directly to the in11 terpretation or enforcement of this Act or 

12 the Agreement; and 

13 (ii) names as a party the United 

14 States or the Tribe; or 

15 (B) by a landowner or water user in the 

16 Gila River basin or Little Colorado River basin 

17 in the State that— 

18 (i) relates solely and directly to the in19 terpretation or enforcement of paragraph 

20 12.0 of the Agreement; and 

21 (ii) names as a party the United 

22 States or the Tribe. 

23 (b) EFFECT OF ACT.—Nothing in this Act quantifies 

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1 ment to water of any Indian tribe, band, or community 

2 other than the Tribe. 

3 (c) LIMITATION ON LIABILITY OF UNITED

4 STATES.— 

5 (1) IN GENERAL.—The United States shall 

6 have no trust or other obligation— 

7 (A) to monitor, administer, or account for, 

8 in any manner, any amount paid to the Tribe 

9 by any party to the Agreement other than the 

10 United States; or 

11 (B) to review or approve the expenditure of 

12 those funds. 

13 (2) INDEMNIFICATION.—The Tribe shall indem14 nify the United States, and hold the United States 

15 harmless, with respect to any claim (including claims 

16 for takings or breach of trust) arising out of the re17 ceipt or expenditure of funds described in paragraph 

18 (1)(A). 

19 (d) APPLICABILITY OF RECLAMATION REFORM

20 ACT.—The Reclamation Reform Act of 1982 (43 U.S.C. 

21 390aa et seq.) and any other acreage limitation or full22 cost pricing provision under Federal law shall not apply 

23 to any individual, entity, or land solely on the basis of— 

24 (1) receipt of any benefit under this Act; 

25 (2) the execution of this Act; or 


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1 (3) the use, storage, delivery, lease, or exchange 

2 of CAP water. 

3 (e) TREATMENT OF TRIBAL WATER RIGHTS.—The 

4 tribal water rights— 

5 (1) shall be held in trust by the United States 

6 in perpetuity; and 

7 (2) shall not be subject to forfeiture or aban8 donment. 

9 (f) SECRETARIAL POWER SITES.—The portions of 

10 the following named secretarial power site reserves that 

11 are located on the reservation shall be transferred and re12 stored into the name of the Tribe: 

13 (1) Lower Black River (T. 3 N., R. 26 E.; T. 

14 3 N., R. 27 E.). 

15 (2) Black River Pumps (T. 2 N., R. 25 E.; T. 

16 2 N., R. 26 E.; T. 3 N., R. 26 E.). 

17 (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 

E.; T. 41⁄2 N., R. 19 E.; T. 41 18 ⁄2 N., R. 20 E.; T. 

41 19 ⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). 

20 (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 

21 E.). 

22 (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., 

23 R. 18 E.). 

(6) Gleason Flat (T. 41 24 ⁄2 N., R. 16 E.; T. 5 N., 

25 R. 16 E.). 


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1 (g) NO EFFECT ON FUTURE ALLOCATIONS.—Water 

2 received under a lease or exchange of tribal CAP water 

3 under this Act shall not affect any future allocation or 

4 reallocation of CAP water by the Secretary. 

5 (h) AFTER-ACQUIRED TRUST LANDS.— 

6 (1) REQUIREMENT OF ACT OF CONGRESS.— 

7 (A) LEGAL TITLE.—After the enforce8 ability date, if the Tribe seeks to have legal title 

9 to additional land in the State of Arizona lo10 cated outside the exterior boundaries of the res11 ervation taken into trust by the United States 

12 for its benefit, the Tribe may do so only pursu13 ant to an Act of Congress specifically author14 izing the transfer for the benefit of the Tribe. 

15 (B) EXCEPTIONS.—Subparagraph (A) 

16 shall not apply to— 

17 (i) restoration of land to the reserva18 tion subsequently and finally determined to 

19 be part of the reservation through resolu20 tion of any dispute between the Tribe and 

21 the United States over the location of the 

22 reservation boundary unless required by 

23 Federal law; or 

24 (ii) off-reservation trust land acquired 

25 prior to January 1, 2008. 


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1 (2) WATER RIGHTS.— 

2 (A) IN GENERAL.—Under this section, 

3 after-acquired trust land outside the reservation 

4 shall not include federally reserved rights to 

5 surface water or groundwater. 

6 (B) RESTORED LAND.—Land restored to 

7 the reservation as the result of resolution of any 

8 reservation boundary dispute between the Tribe 

9 and the United States, or any fee simple land 

10 within the reservation that are placed into 

11 trust, shall have water rights pursuant to sec12 tion 11(b). 

13 (3) ACCEPTANCE OF LAND IN TRUST STATUS.— 

14 (A) IN GENERAL.—If the Tribe acquires 

15 legal fee title to land that is located within the 

16 exterior boundaries of the reservation, the Sec17 retary shall accept the land in trust status for 

18 the benefit of the Tribe in accordance with ap19 plicable Federal law (including regulations) for 

20 such real estate acquisitions. 

21 (B) RESERVATION STATUS.—Land taken 

22 or held in trust by the Secretary under para23 graph (3), or restored to the reservation as a 

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1 tween the Tribe and the United States, shall be 

2 deemed to be part of the reservation. 

3 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) RURAL WATER SYSTEM.— 

5 (1) PLANNING, ENGINEERING, DESIGN, AND

6 CONSTRUCTION.— 

7 (A) IN GENERAL.—There is authorized to 

8 be appropriated for the planning, engineering, 

9 design, and construction of the WMAT rural 

10 water system $126,193,000, as adjusted in ac11 cordance with subparagraph (B), less— 

12 (i) the amount of funding applied to13 ward the planning, engineering, design, 

14 and construction of the WMAT rural water 

15 system under section 13; and 

16 (ii) the funds to be provided under 

17 subparagraph 13.3 of the Agreement. 

18 (B) ADJUSTMENTS AND INCLUSIONS.— 

19 The amount authorized to be appropriated 

20 under subparagraph (A) shall— 

21 (i) be adjusted as may be required 

22 due to changes in construction costs of the 

23 rural water system, as indicated by engi24 neering cost indices applicable to the types 

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1 struction occurring after October 1, 2007; 

2 and 

3 (ii) include such sums as are nec4 essary for the Bureau to carry out over5 sight of activities for planning, design, and 

6 construction of the rural water system. 

7 (2) ENVIRONMENTAL COMPLIANCE.—There are 

8 authorized to be appropriated to the Secretary such 

9 sums as are necessary to carry out all required Fed10 eral environmental compliance activities associated 

11 with the planning, engineering, design, and construc12 tion of the rural water system. 

13 (b) RURAL WATER SYSTEM OM&R.—There is au14 thorized to be appropriated $50,000,000 for the operation, 

15 maintenance, and replacement costs of the rural water 

16 system. 

17 (c) REHABILITATION OF RECREATION FACILITIES, 

18 NATIONAL FISH HATCHERIES, AND EXISTING IRRIGA19 TION SYSTEMS.—There are authorized to be appropriated, 

20 for use in accordance with section 8— 

21 (1) $23,675,000 to complete the Hawley Lake, 

22 Horseshoe Lake, Reservation Lake, Sunrise Lake, 

23 and Big and Little Bear Lake reconstruction 

24 projects and facilities improvements; 


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1 (2) $7,472,000 to the United States Fish and 

2 Wildlife Service for the rehabilitation and improve3 ment of the Alchesay-Williams Creek National Fish 

4 Hatchery Complex; 

5 (3) $5,000,000 to the Bureau of Indian Affairs 

6 for the planning, design, and construction of the 

7 WMAT Fishery Center; and 

8 (4) for the rehabilitation of existing irrigation 

9 systems— 

10 (A) $950,000 for the Canyon Day irriga11 tion system; and 

12 (B) $4,000,000 for the Historic irrigation 

13 system. 

14 (d) FEASIBILITY STUDY OF NEEDED FOREST PROD15 UCTS IMPROVEMENTS.—There are authorized to be appro16 priated— 

17 (1) to the Bureau of Indian Affairs $1,000,000 

18 to conduct a feasibility study of the rehabilitation 

19 and improvement of forest products manufacturing 

20 and forest management on the reservation in accord21 ance with section 9; and 

22 (2) $24,000,000 to implement the recommenda23 tions developed under the study. 

24 (e) SUNRISE SKI PARK SNOW-MAKING INFRASTRUC25 TURE.—There is authorized to be appropriated 


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1 $25,000,000 for the planning, design, and construction of 

2 snow-making infrastructure, repairs, and expansion at 

3 Sunrise Ski Park in accordance with section 8. 

4 (f) RECREATION IMPOUNDMENTS AND RELATED FA5 CILITIES.—There is authorized to be appropriated 

6 $25,000,000 to carry out section 10. 

7 (g) ENVIRONMENTAL COMPLIANCE.—There are au8 thorized to be appropriated to the Secretary such sums 

9 as are necessary to carry out all required environmental 

10 compliance activities associated with the Agreement and 

11 this Act. 

12 (h) COST INDEXING.—The amounts authorized to be 

13 appropriated under this section shall be adjusted as appro14 priate, based on ordinary fluctuations in engineering cost 

15 indices applicable for the relevant types of construction, 

16 if any, during the period beginning on October 1, 2007, 

17 and ending on the date on which the amounts are made 

18 available. 

19 (i) EMERGENCY FUND FOR INDIAN SAFETY AND

20 HEALTH.—Effective beginning on January 1, 2010, if the 

21 Secretary determines that, on an annual basis, the dead22 line described in section 12(c)(2) is not likely to be met 

23 because the funds authorized in sections 13 and 16(a) 

24 have not been appropriated and deposited in the Rural 

25 Water System Construction Fund, not more than 


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1 $100,000,000 of the amounts in the Emergency Fund for 

2 Indian Safety and Health established by section 601(a) 

3 of the Tom Lantos and Henry J. Hyde United States 

4 Global Leadership Against HIV/AIDS, Tuberculosis, and 

5 Malaria Reauthorization Act of 2008 (22 U.S.C. 7601 et 

6 seq.) shall be transferred to the Rural Water System Con7 struction Fund, as necessary to complete the WMAT rural 

8 water system project. 

9 SEC. 17. ANTIDEFICIENCY. 

10 The United States shall not be liable for failure to 

11 carry out any obligation or activity authorized to be car12 ried out, subject to appropriations, under this Act (includ13 ing any such obligation or activity under the Agreement) 

14 if adequate appropriations for that purpose are not pro15 vided by Congress. 

16 SEC. 18. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 

17 If the Secretary fails to publish in the Federal Reg18 ister a statement of findings as required under section 

19 12(c) by not later than October 31, 2013— 

20 (1) effective beginning on November 1, 2013— 

21 (A) this Act is repealed; and 

22 (B) any action carried out by the Sec23 retary, and any contract entered into, pursuant 

24 to this Act shall be void; 


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1 (2) any amounts appropriated under sections 

2 13 and subsections (a) and (b) of section 16, to3 gether with any interest accrued on those amounts, 

4 shall immediately revert to the general fund of the 

5 Treasury; and 

6 (3) any amounts paid by the State in accord7 ance with the Agreement, together with any interest 

8 accrued on those amounts, shall immediately be re9 turned to the State. 

10 SEC. 19. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

11 In carrying out this Act, the Secretary shall promptly 

12 comply with all applicable requirements of— 

13 (1) the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.); 

15 (2) the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.); 

17 (3) all other applicable Federal environmental 

18 laws; and 

19 (4) all regulations promulgated under the laws 

20 described in paragraphs (1) through (3). 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘White Mountain Apache 

23 Tribe Water Rights Quantification Act of 2009’’. 

24 SEC. 2. FINDINGS AND PURPOSES. 

25 (a) FINDINGS.—Congress finds that— 


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1 (1) proceedings to determine the nature and ex2 tent of the water rights of the White Mountain Apache 

3 Tribe, members of the Tribe, the United States, and 

4 other claimants are pending in— 

5 (A) the consolidated civil action in the Su6 perior Court of the State of Arizona for the 

7 County of Maricopa styled In re the General Ad8 judication of All Rights To Use Water In The 

9 Gila River System and Source, W–1 (Salt), W– 

10 2 (Verde), W–3 (Upper Gila), W–4 (San Pedro); 

11 and 

12 (B) the civil action pending in the Superior 

13 Court of the State of Arizona for the County of 

14 Apache styled In re the General Adjudication of 

15 All Rights to Use Water in the Little Colorado 

16 River System and Source and numbered CIV– 

17 6417; 

18 (2) a final resolution of those proceedings 

19 might— 

20 (A) take many years; 

21 (B) entail great expense; and 

22 (C) prolong uncertainty concerning the 

23 availability of water supplies; 

24 (3) the Tribe, non-Indian communities located 

25 near the reservation of the Tribe, and other Arizona 


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1 water users have entered into the WMAT Water 

2 Rights Quantification Agreement— 

3 (A) to permanently quantify the water 

4 rights of the Tribe, members of the Tribe, and the 

5 United States in its capacity as trustee for the 

6 Tribe and members in accordance with the 

7 Agreement; and 

8 (B) to seek funding, in accordance with ap9 plicable law, for the implementation of the 

10 Agreement; 

11 (4) it is the policy of the United States to quan12 tify and settle Indian water rights claims, and to 

13 promote Indian self-determination and economic self14 sufficiency, without lengthy and costly litigation, if 

15 practicable; 

16 (5) certainty concerning the extent of the water 

17 rights of the Tribe will— 

18 (A) provide opportunities for economic de19 velopment of all parties to the proceeding; and 

20 (B) assist the Tribe to achieve self-deter21 mination and self-sufficiency; and 

22 (6) in keeping with the trust responsibility of the 

23 United States to Indian tribes, and to promote tribal 

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1 priate that the United States implement the Agree2 ment. 

3 (b) PURPOSES.—The purposes of this Act are— 

4 (1) to authorize, ratify, and confirm the Agree5 ment; 

6 (2) to authorize and direct the Secretary to exe7 cute the Agreement and carry out all obligations of 

8 the Secretary under the Agreement; 

9 (3) to authorize the actions and appropriations 

10 necessary for the United States to meet the obligations 

11 of the United States under the Agreement and this 

12 Act; and 

13 (4) to permanently resolve certain damage 

14 claims and all water rights claims among— 

15 (A) the Tribe and its members; 

16 (B) the United States in its capacity as 

17 trustee for the Tribe and its members; 

18 (C) the parties to the Agreement; and 

19 (D) all other claimants in the proceedings 

20 referred to in subsection (a)(1). 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) AGREEMENT.—The ‘‘Agreement’’ means— 

24 (A) the WMAT Water Rights Quantification 

25 Agreement dated January 13, 2009; and 


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1 (B) any amendment or exhibit (including 

2 exhibit amendments) to that agreement that 

3 are— 

4 (i) made in accordance with this Act; 

5 or 

6 (ii) otherwise approved by the Sec7 retary. 

8 (2) BUREAU.—The term ‘‘Bureau’’ means the 

9 Bureau of Reclamation. 

10 (3) CAP.—The term ‘‘CAP’’ means the reclama11 tion project authorized and constructed by the United 

12 States in accordance with title III of the Colorado 

13 River Basin Project Act (43 U.S.C. 1521 et seq.). 

14 (4) CAP CONTRACTOR.—The term ‘‘CAP con15 tractor’’ means an individual or entity that has en16 tered into a long-term contract (as that term is used 

17 in the repayment stipulation) with the United States 

18 for delivery of water through the CAP system. 

19 (5) CAP FIXED OM&R CHARGE.—The term ‘‘CAP 

20 fixed OM&R charge’’ has the meaning given the term 

21 in the repayment stipulation. 

22 (6) CAP M&I PRIORITY WATER.—The term ‘‘CAP 

23 M&I priority water’’ means the CAP water having a 

24 municipal and industrial delivery priority under the 

25 repayment contract. 


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1 (7) CAP SUBCONTRACTOR.—The term ‘‘CAP sub2 contractor’’ means an individual or entity that has 

3 entered into a long-term subcontract (as that term is 

4 used in the repayment stipulation) with the United 

5 States and the District for the delivery of water 

6 through the CAP system. 

7 (8) CAP SYSTEM.—The term ‘‘CAP system’’ 

8 means— 

9 (A) the Mark Wilmer Pumping Plant; 

10 (B) the Hayden-Rhodes Aqueduct; 

11 (C) the Fannin-McFarland Aqueduct; 

12 (D) the Tucson Aqueduct; 

13 (E) any pumping plant or appurtenant 

14 works of a feature described in any of subpara15 graphs (A) through (D); and 

16 (F) any extension of, addition to, or re17 placement for a feature described in any of sub18 paragraphs (A) through (E). 

19 (9) CAP WATER.—The term ‘‘CAP water’’ means 

20 ‘‘Project Water’’ (as that term is defined in the repay21 ment stipulation). 

22 (10) CONTRACT.—The term ‘‘Contract’’ means— 

23 (A) the proposed contract between the Tribe 

24 and the United States attached as exhibit 7.1 to 


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1 the Agreement and numbered 08–XX–30–W0529; 

2 and 

3 (B) any amendments to that contract. 

4 (11) DISTRICT.—The term ‘‘District’’ means the 

5 Central Arizona Water Conservation District, a polit6 ical subdivision of the State that is the contractor 

7 under the repayment contract. 

8 (12) ENFORCEABILITY DATE.—The term ‘‘en9 forceability date’’ means the date described in section 

10 9(d)(1). 

11 (13) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

12 has the meaning given the term in section 4 of the In13 dian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 450b). 

15 (14) INJURY TO WATER RIGHTS.— 

16 (A) IN GENERAL.—The term ‘‘injury to 

17 water rights’’ means an interference with, dimi18 nution of, or deprivation of, a water right under 

19 Federal, State, or other law. 

20 (B) INCLUSIONS.—The term ‘‘injury to 

21 water rights’’ includes— 

22 (i) a change in the groundwater table; 

23 and 

24 (ii) any effect of such a change. 


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1 (C) EXCLUSION.—The term ‘‘injury to 

2 water rights’’ does not include any injury to 

3 water quality. 

4 (15) LOWER COLORADO RIVER BASIN DEVELOP5 MENT FUND.—The term ‘‘Lower Colorado River 

6 Basin Development Fund’’ means the fund established 

7 by section 403 of the Colorado River Basin Project 

8 Act (43 U.S.C. 1543). 

9 (16) OFF-RESERVATION TRUST LAND.—The term 

10 ‘‘off-reservation trust land’’ means land— 

11 (A) located outside the exterior boundaries 

12 of the reservation that is held in trust by the 

13 United States for the benefit of the Tribe as of 

14 the enforceability date; and 

15 (B) depicted on the map attached to the 

16 Agreement as exhibit 2.57. 

17 (17) OPERATING AGENCY.—The term ‘‘Operating 

18 Agency’’ means the 1 or more entities authorized to 

19 assume responsibility for the care, operation, mainte20 nance, and replacement of the CAP system. 

21 (18) REPAYMENT CONTRACT.—The term ‘‘repay22 ment contract’’ means— 

23 (A) the contract between the United States 

24 and the District for delivery of water and repay25 ment of the costs of the CAP, numbered 14–06– 


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1 W–245 (Amendment No. 1), and dated December 

2 1, 1988; and 

3 (B) any amendment to, or revision of, that 

4 contract. 

5 (19) REPAYMENT STIPULATION.—The term ‘‘re6 payment stipulation’’ means the stipulated judgment 

7 and the stipulation for judgment (including any ex8 hibits to those documents) entered on November 21, 

9 2007, in the United States District Court for the Dis10 trict of Arizona in the consolidated civil action styled 

11 Central Arizona Water Conservation District v. 

12 United States, et al., and numbered CIV 95–625– 

13 TUC–WDB (EHC) and CIV 95–1720–PHX–EHC. 

14 (20) RESERVATION.— 

15 (A) IN GENERAL.—The term ‘‘reservation’’ 

16 means the land within the exterior boundary of 

17 the White Mountain Indian Reservation estab18 lished by the Executive order dated November 9, 

19 1871, as modified by subsequent Executive orders 

20 and Acts of Congress— 

21 (i) known on the date of enactment of 

22 this Act as the ‘‘Fort Apache Reservation’’ 

23 pursuant to the Act of June 7, 1897 (30 

24 Stat. 62, chapter 3); and 


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1 (ii) generally depicted on the map at2 tached to the Agreement as exhibit 2.81. 

3 (B) NO EFFECT ON DISPUTE OR AS ADMIS4 SION.—The depiction of the reservation described 

5 in subparagraph (A)(ii) shall not— 

6 (i) be used to affect any dispute be7 tween the Tribe and the United States con8 cerning the legal boundary of the reserva9 tion; and 

10 (ii) constitute an admission by the 

11 Tribe with regard to any dispute between 

12 the Tribe and the United States concerning 

13 the legal boundary of the reservation. 

14 (21) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (22) STATE.—The term ‘‘State’’ means the State 

17 of Arizona. 

18 (23) TRIBAL CAP WATER.—The term ‘‘tribal 

19 CAP water’’ means the CAP water to which the Tribe 

20 is entitled pursuant to the Contract. 

21 (24) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

22 water rights’’ means the water rights of the Tribe de23 scribed in paragraph 4.0 of the Agreement. 

24 (25) TRIBE.—The term ‘‘Tribe’’ means the White 

25 Mountain Apache Tribe organized under section 16 of 


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1 the Act of June 18, 1934 (commonly known as the 

2 ‘‘Indian Reorganization Act’’) (25 U.S.C. 476). 

3 (26) WATER RIGHT.—The term ‘‘water right’’ 

4 means any right in or to groundwater, surface water, 

5 or effluent under Federal, State, or other law. 

6 (27) WMAT RURAL WATER SYSTEM.—The term 

7 ‘‘WMAT rural water system’’ means the municipal, 

8 rural, and industrial water diversion, storage, and 

9 delivery system described in section 7. 

10 (28) YEAR.—The term ‘‘year’’ means a calendar 

11 year. 

12 SEC. 4. APPROVAL OF AGREEMENT. 

13 (a) APPROVAL.— 

14 (1) IN GENERAL.—Except to the extent that any 

15 provision of the Agreement conflicts with a provision 

16 of this Act, the Agreement is authorized, ratified, and 

17 confirmed. 

18 (2) AMENDMENTS.—Any amendment to the 

19 Agreement is authorized, ratified, and confirmed, to 

20 the extent that such an amendment is executed to 

21 make the Agreement consistent with this Act. 

22 (b) EXECUTION OF AGREEMENT.—To the extent that 

23 the Agreement does not conflict with this Act, the Secretary 

24 shall— 


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1 (1) execute the Agreement (including signing any 

2 exhibit to the Agreement requiring the signature of 

3 the Secretary); and 

4 (2) execute any amendment to the Agreement 

5 necessary to make the Agreement consistent with this 

6 Act. 

7 (c) NATIONAL ENVIRONMENTAL POLICY ACT.— 

8 (1) ENVIRONMENTAL COMPLIANCE.—In imple9 menting the Agreement, the Secretary shall promptly 

10 comply with all applicable requirements of— 

11 (A) the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.); 

13 (B) the Endangered Species Act of 1973 (16 

14 U.S.C. 1531 et seq.); 

15 (C) all other applicable Federal environ16 mental laws; and 

17 (D) all regulations promulgated under the 

18 laws described in subparagraphs (A) through 

19 (C). 

20 (2) EXECUTION OF AGREEMENT.— 

21 (A) IN GENERAL.—Execution of the Agree22 ment by the Secretary under this section shall 

23 not constitute a major Federal action under the 

24 National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 


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1 (B) ENVIRONMENTAL COMPLIANCE.—The 

2 Secretary shall carry out all necessary environ3 mental compliance required by Federal law in 

4 implementing the Agreement. 

5 (3) LEAD AGENCY.—The Bureau shall serve as 

6 the lead agency with respect to ensuring environ7 mental compliance associated with the WMAT rural 

8 water system. 

9 SEC. 5. WATER RIGHTS. 

10 (a) TREATMENT OF TRIBAL WATER RIGHTS.—The 

11 tribal water rights— 

12 (1) shall be held in trust by the United States in 

13 perpetuity; and 

14 (2) shall not be subject to forfeiture or abandon15 ment. 

16 (b) REALLOCATION.— 

17 (1) IN GENERAL.—In accordance with this Act 

18 and the Agreement, the Secretary shall reallocate to 

19 the Tribe, and offer to enter into a contract with the 

20 Tribe for the delivery in accordance with this section 

21 of— 

22 (A) an annual entitlement to 23,782 acre23 feet per year of CAP water that has a non-In24 dian agricultural delivery priority (as defined in 

25 the Contract) in accordance with section 


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1 104(a)(1)(A)(iii) of the Arizona Water Settle2 ments Act (Public Law 108–451; 118 Stat. 

3 3488), of which— 

4 (i) 3,750 acre-feet per year shall be 

5 firmed by the United States for the benefit 

6 of the Tribe for the 100-year period begin7 ning on January 1, 2008, with priority 

8 equivalent to CAP M&I priority water, in 

9 accordance with section 105(b)(1)(B) of that 

10 Act (118 Stat. 3492); and 

11 (ii) 3,750 acre-feet per year shall be 

12 firmed by the State for the benefit of the 

13 Tribe for the 100-year period beginning on 

14 January 1, 2008, with priority equivalent 

15 to CAP M&I priority water, in accordance 

16 with section 105(b)(2)(B) of that Act (118 

17 Stat. 3492); and 

18 (B) an annual entitlement to 1,218 acre-feet 

19 per year of the water— 

20 (i) acquired by the Secretary through 

21 the permanent relinquishment of the 

22 Harquahala Valley Irrigation District CAP 

23 subcontract entitlement in accordance with 

24 the contract numbered 3–07–30–W0290 

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1 rigation District, and the United States; 

2 and 

3 (ii) converted to CAP Indian Priority 

4 water (as defined in the Contract) pursuant 

5 to the Fort McDowell Indian Community 

6 Water Rights Settlement Act of 1990 (Pub7 lic Law 101–628; 104 Stat. 4480). 

8 (2) AUTHORITY OF TRIBE.—Subject to approval 

9 by the Secretary under section 6(a)(1), the Tribe shall 

10 have the sole authority to lease, distribute, exchange, 

11 or allocate the tribal CAP water described in para12 graph (1). 

13 (c) WATER SERVICE CAPITAL CHARGES.—The Tribe 

14 shall not be responsible for any water service capital charge 

15 for tribal CAP water. 

16 (d) ALLOCATION AND REPAYMENT.—For the purpose 

17 of determining the allocation and repayment of costs of any 

18 stages of the CAP constructed after November 21, 2007, the 

19 costs associated with the delivery of water described in sub20 section (b), regardless of whether the water is delivered for 

21 use by the Tribe or in accordance with any assignment, 

22 exchange, lease, option to lease, or other agreement for the 

23 temporary disposition of water entered into by Tribe, shall 

24 be— 

25 (1) nonreimbursable; and 


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1 (2) excluded from the repayment obligation of 

2 the District. 

3 (e) WATER CODE.—Not later than 18 months after the 

4 enforceability date, the Tribe shall enact a water code 

5 that— 

6 (1) governs the tribal water rights; and 

7 (2) includes, at a minimum— 

8 (A) provisions requiring the measurement, 

9 calculation, and recording of all diversions and 

10 depletions of water on the reservation and on off11 reservation trust land; 

12 (B) terms of a water conservation plan, in13 cluding objectives, conservation measures, and an 

14 implementation timeline; 

15 (C) provisions requiring the approval of the 

16 Tribe for the severance and transfer of rights to 

17 the use of water from historically irrigated land 

18 identified in paragraph 11.3.2.1 of the Agree19 ment to diversions and depletions on other non20 historically irrigated land not located on the wa21 tershed of the same water source; and 

22 (D) provisions requiring the authorization 

23 of the Tribe for all diversions of water on the res24 ervation and on off-reservation trust land by any 

25 individual or entity other than the Tribe. 


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1 SEC. 6. CONTRACT. 

2 (a) IN GENERAL.—The Secretary shall enter into the 

3 Contract, in accordance with the Agreement, to provide, 

4 among other things, that— 

5 (1) the Tribe, on approval of the Secretary, 

6 may— 

7 (A) enter into contracts or options to lease, 

8 contracts to exchange, or options to exchange 

9 tribal CAP water in Maricopa, Pinal, Pima, 

10 and Yavapai Counties in the State providing for 

11 the temporary delivery to any individual or en12 tity of any portion of the tribal CAP water, sub13 ject to the condition that— 

14 (i) the term of the contract or option to 

15 lease shall not be longer than 100 years; 

16 (ii) the contracts or options to ex17 change shall be for the term provided in the 

18 contract or option; and 

19 (iii) a lease or option to lease pro20 viding for the temporary delivery of tribal 

21 CAP water shall require the lessee to pay to 

22 the Operating Agency all CAP fixed OM&R 

23 charges and all CAP pumping energy 

24 charges (as defined in the repayment stipu25 lation) associated with the leased water; 

26 and 


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1 (B) renegotiate any lease at any time dur2 ing the term of the lease, subject to the condition 

3 that the term of the renegotiated lease shall not 

4 exceed 100 years; 

5 (2) no portion of the tribal CAP water may be 

6 permanently alienated; 

7 (3)(A) the Tribe (and not the United States in 

8 any capacity) shall be entitled to all consideration 

9 due to the Tribe under any contract or option to lease 

10 or exchange tribal CAP water entered into by the 

11 Tribe; and 

12 (B) the United States (in any capacity) has no 

13 trust or other obligation to monitor, administer, or 

14 account for, in any manner— 

15 (i) any funds received by the Tribe as con16 sideration under a contract or option to lease or 

17 exchange tribal CAP water; or 

18 (ii) the expenditure of those funds; 

19 (4)(A) all tribal CAP water shall be delivered 

20 through the CAP system; and 

21 (B) if the delivery capacity of the CAP system 

22 is significantly reduced or anticipated to be signifi23 cantly reduced for an extended period of time, the 

24 Tribe shall have the same CAP delivery rights as a 

25 CAP contractor or CAP subcontractor that is allowed 


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1 to take delivery of water other than through the CAP 

2 system; 

3 (5) the Tribe may use tribal CAP water on or 

4 off the reservation for any purpose; 

5 (6) as authorized by subsection (f)(2)(A) of sec6 tion 403 of the Colorado River Basin Project Act (43 

7 U.S.C. 1543) and to the extent that funds are avail8 able in the Lower Colorado River Basin Development 

9 Fund established by subsection (a) of that section, the 

10 United States shall pay to the Operating Agency the 

11 CAP fixed OM&R charges associated with the delivery 

12 of tribal CAP water (except in the case of tribal CAP 

13 water leased by any individual or entity); 

14 (7) the Secretary shall waive the right of the Sec15 retary to capture all return flow from project ex16 change water flowing from the exterior boundary of 

17 the reservation; and 

18 (8) no CAP water service capital charge shall be 

19 due or payable for the tribal CAP water, regardless 

20 of whether the water is delivered for use by the Tribe 

21 or pursuant to a contract or option to lease or ex22 change tribal CAP water entered into by the Tribe. 

23 (b) REQUIREMENTS.—The Contract shall be— 


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1 (1) for permanent service (within the meaning of 

2 section 5 of the Boulder Canyon Project Act (43 

3 U.S.C. 617d)); and 

4 (2) without limit as to term. 

5 (c) RATIFICATION.— 

6 (1) IN GENERAL.—Except to the extent that any 

7 provision of the Contract conflicts with a provision of 

8 this Act, the Contract is authorized, ratified, and con9 firmed. 

10 (2) AMENDMENTS.—Any amendment to the Con11 tract is authorized, ratified, and confirmed, to the ex12 tent that such an amendment is executed to make the 

13 Contract consistent with this Act. 

14 (d) EXECUTION OF CONTRACT.—To the extent that the 

15 Contract does not conflict with this Act, the Secretary shall 

16 execute the Contract. 

17 (e) PAYMENT OF CHARGES.—The Tribe, and any re18 cipient of tribal CAP water through a contract or option 

19 to lease or exchange, shall not be obligated to pay a water 

20 service capital charge or any other charge, payment, or fee 

21 for CAP water, except as provided in an applicable lease 

22 or exchange agreement. 

23 (f) PROHIBITIONS.— 

24 (1) USE OUTSIDE STATE.—No tribal CAP water 

25 may be leased, exchanged, forborne, or otherwise 


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1 transferred by the Tribe in any way for use directly 

2 or indirectly outside the State. 

3 (2) USE OFF RESERVATION.—Except as author4 ized by this section and paragraph 4.7 of the Agree5 ment, no tribal water rights under this Act may be 

6 sold, leased, transferred, or used outside the bound7 aries of the reservation or off-reservation trust land 

8 other than pursuant to an exchange. 

9 (3) AGREEMENTS WITH ARIZONA WATER BANK10 ING AUTHORITY.—Nothing in this Act or the Agree11 ment limits the right of the Tribe to enter into an 

12 agreement with the Arizona Water Banking Authority 

13 established by section 45–2421 of the Arizona Revised 

14 Statutes (or any successor entity), in accordance with 

15 State law. 

16 (g) LEASES.— 

17 (1) IN GENERAL.—To the extent the leases of 

18 tribal CAP Water by the Tribe to the District and to 

19 any of the cities, attached as exhibits to the Agree20 ment, are not in conflict with the provisions of this 

21 Act— 

22 (A) those leases are authorized, ratified, and 

23 confirmed; and 

24 (B) the Secretary shall execute the leases. 


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1 (2) AMENDMENTS.—To the extent that amend2 ments are executed to make the leases described in 

3 paragraph (1) consistent with this Act, those amend4 ments are authorized, ratified, and confirmed. 

5 SEC. 7. AUTHORIZATION OF RURAL WATER SYSTEM. 

6 (a) IN GENERAL.—Subject to the availability of appro7 priations, the Secretary, acting through the Bureau, shall 

8 plan, design, construct, operate, maintain, replace, and re9 habilitate the WMAT rural water system as generally de10 scribed in the project extension report dated February 2007. 

11 (b) COMPONENTS.—The WMAT rural water system 

12 under subsection (a) shall consist of— 

13 (1) a dam and storage reservoir, pumping plant, 

14 and treatment facilities located along the North Fork 

15 White River near the community of Whiteriver; 

16 (2) pipelines extending from the water treatment 

17 plants to existing water distribution systems serving 

18 the Whiteriver, Carrizo, and Cibecue areas, together 

19 with other communities along the pipeline; 

20 (3) connections to existing distribution facilities, 

21 including public and private water systems in exist22 ence on the date of enactment of this Act; 

23 (4) appurtenant buildings and access roads; 


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1 (5) electrical power transmission and distribu2 tion facilities necessary for services to rural water 

3 system facilities; 

4 (6) all property and property rights necessary 

5 for the facilities described in this subsection; and 

6 (7) such other project components as the Sec7 retary determines to be appropriate to meet the water 

8 supply, economic, public health, and environmental 

9 needs of the portions of the reservation served by the 

10 WMAT rural water system, including water storage 

11 tanks, water lines, and other facilities for the Tribe 

12 and the villages and towns on the reservation. 

13 (c) SERVICE AREA.—The service area of the WMAT 

14 rural water system shall be as described in the Project Ex15 tension report dated February 2007. 

16 (d) CONSTRUCTION REQUIREMENTS.—The components 

17 of the WMAT rural water system shall be planned and con18 structed to a size that is sufficient to meet the municipal, 

19 rural, and industrial water supply requirements of the 

20 WMAT rural water system service area during the period 

21 beginning on the date of enactment of this Act and ending 

22 not earlier than December 31, 2040. 

23 (e) TITLE.— 


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1 (1) IN GENERAL.—Title to the WMAT rural 

2 water system shall be held in trust by the United 

3 States in its capacity as trustee for the Tribe. 

4 (2) CONVEYANCE TO TRIBE.—The Secretary may 

5 convey to the Tribe title to the WMAT rural water 

6 system after publication by the Secretary in the Fed7 eral Register of a statement of findings that— 

8 (A) the designers’ operating criteria, stand9 ing operating procedures, emergency action plan, 

10 and first filling and monitoring criteria are es11 tablished and in place, and the WMAT rural 

12 water system has been declared substantially 

13 complete; 

14 (B) the funds authorized to be appropriated 

15 under section 12(b)(3)(B) have been appro16 priated and deposited in the WMAT Mainte17 nance Fund; and 

18 (C) the Tribe has been operating success19 fully under the established standing operating 

20 procedures for a period of not more than 5 cal21 endar years. 

22 (3) ALIENATION AND TAXATION.—Conveyance of 

23 title to the Tribe pursuant to paragraph (2) does not 

24 waive or alter any applicable Federal law prohibiting 


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1 alienation or taxation of the WMAT rural water sys2 tem or the underlying reservation land. 

3 (f) TECHNICAL ASSISTANCE.—The Secretary shall pro4 vide such technical assistance as is necessary to enable the 

5 Tribe to plan, design, construct, operate, maintain, and re6 place the WMAT rural water system, including operation 

7 and management training. 

8 (g) APPLICABILITY OF ISDEAA.— 

9 (1) AGREEMENT FOR SPECIFIC ACTIVITIES.—On 

10 receipt of a request of the Tribe, and in accordance 

11 with the Indian Self-Determination and Education 

12 Assistance Act (25 U.S.C. 450 et seq.), the Secretary 

13 shall enter into an agreement with the Tribe to carry 

14 out the activities authorized by this section. 

15 (2) CONTRACTS.—Any contract entered into pur16 suant to the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 450 et seq.) for the 

18 purpose of carrying out any provision of this Act 

19 shall incorporate such provisions regarding periodic 

20 payment of funds, timing for use of funds, trans21 parency, oversight, reporting, and accountability as 

22 the Secretary determines to be necessary (at the sole 

23 discretion of the Secretary) to ensure appropriate 

24 stewardship of Federal funds. 


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1 (h) CONDITION.—As a condition of construction of the 

2 facilities authorized by this section, the Tribe shall provide, 

3 at no cost to the Secretary, all land or interests in land, 

4 as appropriate, that the Secretary identifies as being nec5 essary for those facilities. 

6 (i) OPERATION AND MAINTENANCE.—Subject to the 

7 availability of appropriations as provided for in section 

8 12(e), the Secretary, acting through the Bureau, shall oper9 ate and maintain the WMAT rural water system until the 

10 date on which title to the WMAT rural water system is con11 veyed to the Tribe pursuant to subsection (e)(2). 

12 SEC. 8. SATISFACTION OF CLAIMS. 

13 (a) IN GENERAL.—The benefits realized by the Tribe 

14 and its members under this Act shall be in full satisfaction 

15 of all claims of the Tribe and its members for water rights 

16 and injury to water rights, except as set forth in the Agree17 ment, under Federal, State, or other law with respect to 

18 the reservation and off-reservation trust land. 

19 (b) USES OF WATER.—All uses of water on land out20 side of the reservation, if and when such land is subse21 quently and finally determined to be part of the reservation 

22 through resolution of any dispute between the Tribe and the 

23 United States over the location of the reservation boundary, 

24 and any fee land within the reservation put into trust and 

25 made part of the reservation, shall be subject to the maxVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\S313.RS S313

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1 imum annual diversion amounts and the maximum annual 

2 depletion amounts specified in the Agreement. 

3 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith4 standing subsection (a), nothing in this Act has the effect 

5 of recognizing or establishing any right of a member of the 

6 Tribe to water on the reservation. 

7 SEC. 9. WAIVER AND RELEASE OF CLAIMS. 

8 (a) IN GENERAL.—– 

9 (1) CLAIMS AGAINST THE STATE AND OTHERS.— 

10 –Except as provided in subsection (b)(1), the Tribe, 

11 on behalf of itself and its members, and the United 

12 States, acting in its capacity of trustee for the Tribe 

13 and its members, as part of the performance of their 

14 obligations under the Agreement, are authorized to 

15 execute a waiver and release of any claims against 

16 the State (or any agency or political subdivision of 

17 the State), or any other person, entity, corporation, or 

18 municipal corporation under Federal, State, or other 

19 law for all— 

20 (A)(i) past, present, and future claims for 

21 water rights for the reservation and off-reserva22 tion trust land arising from time immemorial 

23 and, thereafter, forever; and 

24 (ii) past, present, and future claims for 

25 water rights arising from time immemorial and, 


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1 thereafter, forever, that are based on aboriginal 

2 occupancy of land by the Tribe, its members, or 

3 their predecessors; 

4 (B)(i) past and present claims for injury to 

5 water rights for the reservation and off-reserva6 tion trust land arising from time immemorial 

7 through the enforceability date; 

8 (ii) past, present, and future claims for in9 jury to water rights arising from time immemo10 rial and, thereafter, forever, that are based on 

11 aboriginal occupancy of land by the Tribe and 

12 its members, or their predecessors; and 

13 (iii) claims for injury to water rights aris14 ing after the enforceability date for the reserva15 tion and off-reservation trust land resulting from 

16 off-reservation diversion or use of water in a 

17 manner not in violation of the Agreement or 

18 State law; and 

19 (C) past, present, and future claims arising 

20 out of or relating in any manner to the negotia21 tion, execution, or adoption of the Agreement, an 

22 applicable settlement judgement or decree, or this 

23 Act. 

24 (2) CLAIMS AGAINST TRIBE.—Except as provided 

25 in subsection (b)(3), the United States, in all its caVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\S313.RS S313

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1 pacities (except as trustee for an Indian tribe other 

2 than the Tribe), as part of the performance of its obli3 gations under the Agreement, is authorized to execute 

4 a waiver and release of any and all claims against 

5 the Tribe, its members, or any agency, official, or em6 ployee of the Tribe, under Federal, State, or any other 

7 law for all— 

8 (A) past and present claims for injury to 

9 water rights resulting from the diversion or use 

10 of water on the reservation and on off-reservation 

11 trust land arising from time immemorial 

12 through the enforceability date; 

13 (B) claims for injury to water rights aris14 ing after the enforceability date resulting from 

15 the diversion or use of water on the reservation 

16 and on off-reservation trust land in a manner 

17 not in violation of the Agreement; and 

18 (C) past, present, and future claims arising 

19 out of or related in any manner to the negotia20 tion, execution, or adoption of the Agreement, an 

21 applicable settlement judgement or decree, or this 

22 Act. 

23 (3) CLAIMS AGAINST UNITED STATES.—Except 

24 as provided in subsection (b)(2), the Tribe, on behalf 

25 of itself and its members, as part of the performance 


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1 of the obligations of the Tribe under the Agreement, 

2 is authorized to execute a waiver and release of any 

3 claim against the United States, including agencies, 

4 officials, or employees of the United States (except in 

5 the capacity of the United States as trustee for other 

6 Indian tribes), under Federal, State, or other law for 

7 any and all— 

8 (A)(i) past, present, and future claims for 

9 water rights for the reservation and off-reserva10 tion trust land arising from time immemorial 

11 and, thereafter, forever; and 

12 (ii) past, present, and future claims for 

13 water rights arising from time immemorial and, 

14 thereafter, forever that are based on aboriginal 

15 occupancy of land by the Tribe, its members, or 

16 their predecessors; 

17 (B)(i) past and present claims relating in 

18 any manner to damages, losses, or injuries to 

19 water, water rights, land, or other resources due 

20 to loss of water or water rights (including dam21 ages, losses, or injuries to hunting, fishing, gath22 ering, or cultural rights due to loss of water or 

23 water rights, claims relating to interference with, 

24 diversion, or taking of water, or claims relating 

25 to failure to protect, acquire, or develop water, 


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1 water rights, or water infrastructure) within the 

2 reservation and off-reservation trust land that 

3 first accrued at any time prior to the enforce4 ability date; 

5 (ii) past, present, and future claims for in6 jury to water rights arising from time immemo7 rial and, thereafter, forever that are based on ab8 original occupancy of land by the Tribe, its 

9 members, or their predecessors; and 

10 (iii) claims for injury to water rights aris11 ing after the enforceability date for the reserva12 tion and off-reservation trust land resulting from 

13 the off-reservation diversion or use of water in a 

14 manner not in violation of the Agreement or ap15 plicable law; 

16 (C) past, present, and future claims arising 

17 out of or relating in any manner to the negotia18 tion, execution, or adoption of the Agreement, an 

19 applicable settlement judgment or decree, or this 

20 Act; 

21 (D) past and present claims relating in any 

22 manner to pending litigation of claims relating 

23 to the water rights of the Tribe for the reserva24 tion and off-reservation trust land; 


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1 (E) past and present claims relating to the 

2 operation, maintenance, and replacement of ex3 isting irrigation systems on the reservation con4 structed prior to the enforceability date that first 

5 accrued at any time prior to the enforceability 

6 date, which waiver shall only become effective on 

7 the full appropriation and payment to the Tribe 

8 of $4,950,000 authorized by section 12(b)(2)(B); 

9 (F) future claims relating to operation, 

10 maintenance, and replacement of the WMAT 

11 rural water system, which waiver shall only be12 come effective on the full appropriation of funds 

13 authorized by section 12(b)(3)(B) and the deposit 

14 of those funds in the WMAT Maintenance Fund; 

15 (G) past and present breach of trust and 

16 negligence claims for damage to the land and 

17 natural resources of the Tribe caused by riparian 

18 and other vegetative manipulation by the United 

19 States for the purpose of increasing water runoff 

20 from the reservation that first accrued at any 

21 time prior to the enforceability date; and 

22 (H) past and present claims for trespass, 

23 use, and occupancy of the reservation in, on, and 

24 along the Black River that first accrued at any 

25 time prior to the enforceability date. 


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1 (b) RESERVATION OF RIGHTS AND RETENTION OF

2 CLAIMS.— 

3 (1) RESERVATION OF RIGHTS AND RETENTION

4 OF CLAIMS BY TRIBE AND UNITED STATES.— 

5 (A) IN GENERAL.—Notwithstanding the 

6 waiver and release of claims authorized under 

7 subsection (a)(1), the Tribe, on behalf of itself 

8 and the members of the Tribe, and the United 

9 States, acting as trustee for the Tribe and mem10 bers of the Tribe, shall retain any right— 

11 (i) subject to subparagraph 16.9 of the 

12 Agreement, to assert claims for injuries to, 

13 and seek enforcement of, the rights of the 

14 Tribe and members of the Tribe under the 

15 Agreement or this Act in any Federal or 

16 State court of competent jurisdiction; 

17 (ii) to assert claims for injuries to, and 

18 seek enforcement of, the rights of the Tribe 

19 under the judgment and decree entered by 

20 the court in the Gila River adjudication 

21 proceedings; 

22 (iii) to assert claims for injuries to, 

23 and seek enforcement of, the rights of the 

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1 tered by the court in the Little Colorado 

2 River adjudication proceedings; 

3 (iv) to object to any claims by or for 

4 any other Indian tribe, Indian community 

5 or nation, or dependent Indian community, 

6 or the United States on behalf of such a 

7 tribe, community, or nation; 

8 (v) to participate in the Gila River ad9 judication proceedings and the Little Colo10 rado River adjudication proceedings to the 

11 extent provided in subparagraph 14.1 of the 

12 Agreement; 

13 (vi) to assert any claims arising after 

14 the enforceability date for injury to water 

15 rights not specifically waived under this 

16 section; 

17 (vii) to assert any past, present, or fu18 ture claim for injury to water rights 

19 against any other Indian tribe, Indian com20 munity or nation, dependent Indian com21 munity, allottee, or the United States on be22 half of such a tribe, community, nation, or 

23 allottee; and 

24 (viii) to assert any past, present, or fu25 ture claim for trespass, use, and occupancy 


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1 of the reservation in, on, or along the Black 

2 River against Freeport-McMoRan Copper & 

3 Gold, Inc., Phelps Dodge Corporation, or 

4 Phelps Dodge Morenci, Inc. (or a prede5 cessor or successor of those entities), includ6 ing all subsidiaries and affiliates of those 

7 entities. 

8 (B) AGREEMENT.—On terms acceptable to 

9 the Tribe and the United States, the Tribe and 

10 the United States are authorized to enter into an 

11 agreement with Freeport-McMoRan Copper & 

12 Gold, Inc., Phelps Dodge Corporation, or Phelps 

13 Dodge Morenci, Inc. (or a predecessor or suc14 cessor of those entities), including all subsidiaries 

15 and affiliates of those entities, to resolve the 

16 claims of the Tribe relating to the trespass, use, 

17 and occupancy of the reservation in, on, and 

18 along the Black River. 

19 (2) RESERVATION OF RIGHTS AND RETENTION

20 OF CLAIMS BY TRIBE AGAINST UNITED STATES.—Not21 withstanding the waiver and release of claims author22 ized under subsection (a)(3), the Tribe, on behalf of 

23 itself and the members of the Tribe, shall retain any 

24 right— 


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1 (A) subject to subparagraph 16.9 of the 

2 Agreement, to assert claims for injuries to, and 

3 seek enforcement of, the rights of the Tribe and 

4 members under the Agreement or this Act, in 

5 any Federal or State court of competent jurisdic6 tion; 

7 (B) to assert claims for injuries to, and seek 

8 enforcement of, the rights of the Tribe and mem9 bers under the judgment and decree entered by 

10 the court in the Gila River adjudication pro11 ceedings; 

12 (C) to assert claims for injuries to, and seek 

13 enforcement of, the rights of the Tribe and mem14 bers under the judgment and decree entered by 

15 the court in the Little Colorado River adjudica16 tion proceedings; 

17 (D) to object to any claims by or for any 

18 other Indian tribe, Indian community or nation, 

19 dependent Indian community, or the United 

20 States on behalf of such a tribe, community, or 

21 nation; 

22 (E) to assert past, present, or future claims 

23 for injury to water rights or any other claims 

24 other than a claim to water rights, against any 

25 other Indian tribe, Indian community or nation, 


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1 dependent Indian community, or the United 

2 States on behalf of such a tribe, community, or 

3 nation; 

4 (F) to assert claims arising after the en5 forceability date for injury to water rights result6 ing from the drilling of wells or pumping of 

7 water from land located within national forest 

8 land as of the effective date of the Agreement in 

the south 1⁄2 of T. 9 N., R. 24 E.; south 1 9 ⁄2 of 

T. 9 N., R. 25 E.; north 1 10 ⁄2 of T. 8 N., R. 24 

E.; north 1 11 ⁄2 of T. 8 N., R. 25 E., if— 

12 (i) title to that land is no longer re13 tained by the United States; or 

14 (ii) water from that land is trans15 ported off the land for municipal or indus16 trial use; 

17 (G) to assert any claims arising after the 

18 enforceability date for injury to water rights not 

19 specifically waived under this section; 

20 (H) to assert any other claims not specifi21 cally waived under this section; and 

22 (I) to assert any claim arising after the en23 forceability date for a future taking by the 

24 United States of reservation land, off-reservation 

25 trust land, or any property rights appurtenant 


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1 to that land, including any water rights set forth 

2 in paragraph 4.0 of the Agreement. 

3 (3) RESERVATION OF RIGHTS AND RETENTION

4 OF CLAIMS BY UNITED STATES.—Notwithstanding the 

5 waiver and release of claims authorized under sub6 section (a)(2), the United States shall retain any 

7 right to assert any claim not specifically waived in 

8 that subsection. 

9 (c) EFFECTIVENESS OF WAIVER AND RELEASES.—Ex10 cept as otherwise specifically provided in subparagraphs 

11 (E) and (F) of subsection (a)(3), the waivers and releases 

12 under subsection (a) shall become effective on the enforce13 ability date. 

14 (d) ENFORCEABILITY DATE.— 

15 (1) IN GENERAL.—This section takes effect on the 

16 date on which the Secretary publishes in the Federal 

17 Register a statement of findings that— 

18 (A)(i) to the extent the Agreement conflicts 

19 with this Act, the Agreement has been revised 

20 through an amendment to eliminate the conflict; 

21 and 

22 (ii) the Agreement, as so revised, has been 

23 executed by the Secretary, the Tribe, and the 

24 Governor of the State; 


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1 (B) the Secretary has fulfilled the require2 ments of sections 5 and 6; 

3 (C) the amount authorized by section 12(a) 

4 has been deposited in the White Mountain 

5 Apache Tribe Water Rights Settlement Sub6 account; 

7 (D) the State funds described in subpara8 graph 13.3 of the Agreement have been deposited 

9 in the White Mountain Apache Tribe Water 

10 Rights Settlement Subaccount; 

11 (E) the Secretary has issued a record of de12 cision approving the construction of the WMAT 

13 rural water system in a configuration substan14 tially similar to that described in section 7; and 

15 (F) the judgments and decrees substantially 

16 in the form of those attached to the Agreement as 

17 exhibits 12.9.6.1 and 12.9.6.2 have been approved 

18 by the respective trial courts. 

19 (2) FAILURE OF ENFORCEABILITY DATE TO

20 OCCUR.—If, because of the failure of the enforceability 

21 date to occur by October 31, 2015, this section does 

22 not become effective, the Tribe and its members, and 

23 the United States, acting in the capacity of trustee for 

24 the Tribe and its members, shall retain the right to 

25 assert past, present, and future water rights claims 


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1 and claims for injury to water rights for the reserva2 tion and off-reservation trust land. 

3 (3) NO RIGHTS TO WATER.—On the occurrence of 

4 the enforceability date, all land held by the United 

5 States in trust for the Tribe and its members shall 

6 have no rights to water other than those specifically 

7 quantified for the Tribe and the United States, acting 

8 in the capacity of trustee for the Tribe and its mem9 bers, for the reservation and off-reservation trust land 

10 pursuant to paragraph 4.0 of the Agreement. 

11 (e) UNITED STATES ENFORCEMENT AUTHORITY.— 

12 Nothing in this Act or the Agreement affects any right of 

13 the United States to take any action, including environ14 mental actions, under any laws (including regulations and 

15 the common law) relating to human health, safety, or the 

16 environment. 

17 (f) NO EFFECT ON WATER RIGHTS.—Except as pro18 vided in paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and 

19 (3)(B)(ii) of subsection (a), nothing in this Act affects any 

20 rights to water of the Tribe, its members, or the United 

21 States acting as trustee for the Tribe and members, for land 

22 outside the boundaries of the reservation or the off-reserva23 tion trust land. 

24 (g) ENTITLEMENTS.—Any entitlement to water of the 

25 Tribe, its members, or the United States acting as trustee 


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1 for the Tribe and members, relating to the reservation or 

2 off-reservation trust land shall be satisfied from the water 

3 resources granted, quantified, confirmed, or recognized with 

4 respect to the Tribe, members, and the United States by the 

5 Agreement and this Act. 

6 (h) OBJECTION PROHIBITED.—Except as provided in 

7 subsection (b)(2)(F), the Tribe and the United States acting 

8 as trustee for the Tribe shall not— 

9 (1) object to the usage of any well located outside 

10 the boundaries of the reservation or the off-reservation 

11 trust land, as in existence on the enforceability date; 

12 or 

13 (2) object to, dispute, or challenge after the en14 forceability date the drilling of any well or the with15 drawal and use of water from any well in the Little 

16 Colorado River adjudication proceedings, the Gila 

17 River adjudication proceedings, or any other judicial 

18 or administrative proceeding. 

19 SEC. 10. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 

20 SETTLEMENT SUBACCOUNT. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Lower Colorado River Basin Development Fund a sub23 account to be known as the ‘‘White Mountain Apache Tribe 

24 Water Rights Settlement Subaccount’’, consisting of— 


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1 (1) the amounts appropriated to the subaccount 

2 pursuant to subsections (a) and (d) of section 12, as 

3 applicable; and 

4 (2) such other amounts as are available, includ5 ing the funds provided in subparagraph 13.3 of the 

6 Agreement. 

7 (b) EXPENDITURES AND WITHDRAWALS.— 

8 (1) CONTRACTS.— 

9 (A) IN GENERAL.—The Tribe may with10 draw any portion of the White Mountain Apache 

11 Tribe Water Rights Settlement Subaccount on 

12 approval by the Secretary pursuant to the terms 

13 of an agreement entered into under section 7(g). 

14 (B) REQUIREMENTS.—An agreement en15 tered into under section 7(g) shall require that 

16 the Tribe shall use the amounts in the White 

17 Mountain Apache Tribe Water Rights Settlement 

18 Subaccount only for the planning, design, and 

19 construction of the rural water system, including 

20 such sums as are necessary— 

21 (i) for the Bureau to carry out over22 sight of the planning, design, and construc23 tion of the rural water system; 

24 (ii) to repay any outstanding balance 

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1 tain Apache Tribe Rural Water System 

2 Loan Authorization Act (Public Law 110- 

3 390; 122 Stat. 4191); and 

4 (iii) to carry out all required environ5 mental compliance activities associated with 

6 the planning, design, and construction of 

7 the rural water system. 

8 (2) ENFORCEMENT.—The Secretary may pursue 

9 such judicial remedies and carry out such adminis10 trative actions as are necessary to enforce an agree11 ment described in paragraph (1) to ensure that 

12 amounts in the White Mountain Apache Tribe Water 

13 Rights Settlement Subaccount are used in accordance 

14 with this section. 

15 (3) LIABILITY.—On withdrawal by the Tribe of 

16 amounts in the White Mountain Apache Tribe Water 

17 Rights Settlement Subaccount, the Secretary and the 

18 Secretary of the Treasury shall not retain liability for 

19 the expenditure or investment of those amounts. 

20 (4) EXPENDITURE PLAN.— 

21 (A) IN GENERAL.—The Tribe shall submit 

22 to the Secretary for approval an expenditure 

23 plan for any portion of the amounts in the sub24 account under this section that the Tribe does 

25 not withdraw pursuant to this subsection. 


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1 (B) DESCRIPTION.—The expenditure plan 

2 shall describe the manner in which, and the pur3 poses for which, the amounts remaining in the 

4 subaccount will be used. 

5 (C) APPROVAL.—The Secretary shall ap6 prove an expenditure plan under this paragraph 

7 if the Secretary determines that the plan is— 

8 (i) reasonable; and 

9 (ii) consistent with this Act. 

10 (5) ANNUAL REPORTS.—The Tribe shall submit 

11 to the Secretary an annual report that describes each 

12 expenditure from the White Mountain Apache Tribe 

13 Water Rights Settlement Subaccount during the year 

14 covered by the report. 

15 (c) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 

16 No amount of the principal, or the interest or income accru17 ing on the principal, of the White Mountain Apache Tribe 

18 Water Rights Settlement Subaccount shall be distributed to 

19 any member of the Tribe on a per capita basis. 

20 (d) AVAILABILITY OF FUNDS.—Amounts in the White 

21 Mountain Apache Tribe Water Rights Settlement Sub22 account shall not be available for expenditure or with23 drawal by the Tribe until the enforceability date. 

24 SEC. 11. MISCELLANEOUS PROVISIONS. 

25 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 


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1 (1) IN GENERAL.—In the case of a civil action 

2 described in paragraph (2)— 

3 (A) the United States or the Tribe, or both, 

4 may be joined in the civil action; and 

5 (B) any claim by the United States or the 

6 Tribe to sovereign immunity from the civil ac7 tion is waived for the sole purpose of resolving 

8 any issue regarding the interpretation or en9 forcement of this Act or the Agreement. 

10 (2) DESCRIPTION OF CIVIL ACTION.—A civil ac11 tion referred to in paragraph (1) is a civil action 

12 filed— 

13 (A) by any party to the Agreement or sig14 natory to an exhibit to the Agreement in a 

15 United States or State court that— 

16 (i) relates solely and directly to the in17 terpretation or enforcement of this Act or 

18 the Agreement; and 

19 (ii) names as a party the United 

20 States or the Tribe; or 

21 (B) by a landowner or water user in the 

22 Gila River basin or Little Colorado River basin 

23 in the State that— 

24 (i) relates solely and directly to the in25 terpretation or enforcement of section 9 of 


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1 this Act and paragraph 12.0 of the Agree2 ment; and 

3 (ii) names as a party the United 

4 States or the Tribe. 

5 (b) EFFECT OF ACT.—Nothing in this Act quantifies 

6 or otherwise affects any water right or claim or entitlement 

7 to water of any Indian tribe, band, or community other 

8 than the Tribe. 

9 (c) LIMITATION ON LIABILITY OF UNITED STATES.— 

10 (1) IN GENERAL.—The United States shall have 

11 no trust or other obligation— 

12 (A) to monitor, administer, or account for, 

13 in any manner, any amount paid to the Tribe 

14 by any party to the Agreement other than the 

15 United States; or 

16 (B) to review or approve the expenditure of 

17 those funds. 

18 (2) INDEMNIFICATION.—The Tribe shall indem19 nify the United States, and hold the United States 

20 harmless, with respect to any claim (including claims 

21 for takings or breach of trust) arising out of the re22 ceipt or expenditure of funds described in paragraph 

23 (1)(A). 

24 (d) APPLICABILITY OF RECLAMATION REFORM ACT.— 

25 The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et 


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1 seq.) and any other acreage limitation or full-cost pricing 

2 provision under Federal law shall not apply to any indi3 vidual, entity, or land solely on the basis of— 

4 (1) receipt of any benefit under this Act; 

5 (2) the execution or performance of the Agree6 ment; or 

7 (3) the use, storage, delivery, lease, or exchange 

8 of CAP water. 

9 (e) SECRETARIAL POWER SITES.—The portions of the 

10 following named secretarial power site reserves that are lo11 cated on the Fort Apache Indian Reservation or the San 

12 Carlos Apache Reservation, as applicable, shall be trans13 ferred and restored into the name of the Tribe or the San 

14 Carlos Apache Tribe, respectively: 

15 (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 

16 N., R. 27 E.). 

17 (2) Black River Pumps (T. 2 N., R. 25 E.; T. 

18 2 N., R. 26 E.; T. 3 N., R. 26 E.). 

19 (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 

E.; T. 41⁄2 N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 41 20 ⁄2

21 N., R. 21 E.; T. 5 N., R. 19 E.). 

22 (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). 

23 (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., 

24 R. 18 E.). 


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(6) Gleason Flat (T. 41 1 ⁄2 N., R. 16 E.; T. 5 N., 

2 R. 16 E.). 

3 (f) NO EFFECT ON FUTURE ALLOCATIONS.—Water re4 ceived under a lease or exchange of tribal CAP water under 

5 this Act shall not affect any future allocation or reallocation 

6 of CAP water by the Secretary. 

7 (g) AFTER-ACQUIRED TRUST LAND.— 

8 (1) REQUIREMENT OF ACT OF CONGRESS.— 

9 (A) LEGAL TITLE.—After the enforceability 

10 date, if the Tribe seeks to have legal title to addi11 tional land in the State of Arizona located out12 side the exterior boundaries of the reservation 

13 taken into trust by the United States for its ben14 efit, the Tribe may do so only pursuant to an 

15 Act of Congress specifically authorizing the 

16 transfer for the benefit of the Tribe. 

17 (B) EXCEPTIONS.—Subparagraph (A) shall 

18 not apply to— 

19 (i) restoration of land to the reserva20 tion subsequently and finally determined to 

21 be part of the reservation through resolution 

22 of any dispute between the Tribe and the 

23 United States over the location of the res24 ervation boundary unless required by Fed25 eral law; or 


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1 (ii) off-reservation trust land acquired 

2 prior to January 1, 2008. 

3 (2) WATER RIGHTS.— 

4 (A) IN GENERAL.—Under this section, after5 acquired trust land outside the reservation shall 

6 not include federally reserved rights to surface 

7 water or groundwater. 

8 (B) RESTORED LAND.—Land restored to the 

9 reservation as the result of resolution of any res10 ervation boundary dispute between the Tribe and 

11 the United States, or any fee simple land within 

12 the reservation that are placed into trust, shall 

13 have water rights pursuant to section 8(b). 

14 (3) ACCEPTANCE OF LAND IN TRUST STATUS.— 

15 (A) IN GENERAL.—If the Tribe acquires 

16 legal fee title to land that is located within the 

17 exterior boundaries of the reservation, the Sec18 retary shall accept the land in trust status for 

19 the benefit of the Tribe in accordance with appli20 cable Federal law (including regulations) for 

21 such real estate acquisitions. 

22 (B) RESERVATION STATUS.—Land taken or 

23 held in trust by the Secretary under paragraph 

24 (3), or restored to the reservation as a result of 

25 resolution of a boundary dispute between the 


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1 Tribe and the United States, shall be deemed to 

2 be part of the reservation. 

3 (h) CONFORMING AMENDMENT.—Section 3(b)(2) of the 

4 White Mountain Apache Tribe Rural Water System Loan 

5 Authorization Act (Public Law 110–390; 122 Stat. 4191) 

6 is amended by striking ‘‘2013’’ and inserting ‘‘2016’’. 

7 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) RURAL WATER SYSTEM.— 

9 (1) IN GENERAL.—There is authorized to be ap10 propriated for the planning, engineering, design, en11 vironmental compliance, and construction of the 

12 WMAT rural water system $126,193,000. 

13 (2) INCLUSIONS.—The amount authorized to be 

14 appropriated under paragraph (1) shall include such 

15 sums as are necessary, but not to exceed 4 percent of 

16 construction contract costs, for the Bureau to carry 

17 out oversight of activities for planning, design, envi18 ronmental compliance, and construction of the rural 

19 water system. 

20 (b) WMAT SETTLEMENT AND MAINTENANCE

21 FUNDS.— 

22 (1) DEFINITION OF FUNDS.—In this subsection, 

23 the term ‘‘Funds’’ means— 

24 (A) the WMAT Settlement Fund established 

25 by paragraph (2)(A); and 


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1 (B) the WMAT Maintenance Fund estab2 lished by paragraph (3)(A). 

3 (2) WMAT SETTLEMENT FUND.— 

4 (A) ESTABLISHMENT.—There is established 

5 in the Treasury of the United States a fund to 

6 be known as the ‘‘WMAT Settlement Fund’’, con7 sisting of such amounts as are deposited in the 

8 fund under subparagraph (B), for use by the 

9 Tribe in accordance with subparagraph (C). 

10 (B) TRANSFERS TO FUND.—There is au11 thorized to be appropriated to the Secretary 

12 $113,500,000 for deposit in the WMAT Settle13 ment Fund, of which not less than $4,950,000 

14 shall be used for the rehabilitation of existing ir15 rigation systems. 

16 (C) USE OF FUNDS.—The Tribe shall use 

17 amounts in the WMAT Settlement Fund for any 

18 of the following purposes: 

19 (i) Fish production, including hatch20 eries. 

21 (ii) Rehabilitation of recreational lakes 

22 and existing irrigation systems. 

23 (iii) Water-related economic develop24 ment projects. 


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1 (iv) Protection, restoration, and eco2 nomic development of forest and watershed 

3 health. 

4 (v) Any cost overruns for the comple5 tion of the WMAT rural water system, as 

6 provided in subsection (f). 

7 (3) WMAT MAINTENANCE FUND.— 

8 (A) ESTABLISHMENT.—There is established 

9 in the Treasury of the United States a fund to 

10 be known as the ‘‘WMAT Maintenance Fund’’, 

11 consisting of such amounts as are deposited in 

12 the fund under subparagraph (B), together with 

13 any interest accrued on those amounts, for use 

14 by the Tribe in accordance with subparagraph 

15 (C). 

16 (B) TRANSFERS TO FUND.—There is au17 thorized to be appropriated to the Secretary 

18 $50,000,000 for deposit in the WMAT Mainte19 nance Fund. 

20 (C) USE OF FUNDS.—The Tribe or the Sec21 retary, as applicable, shall use amounts in the 

22 WMAT Maintenance Fund only for the oper23 ation, maintenance, and replacement costs asso24 ciated with the delivery of water through the 

25 rural water system. 


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1 (4) ADMINISTRATION.—The Secretary shall man2 age the Funds in accordance with the American In3 dian Trust Fund Management Reform Act of 1994 

4 (25 U.S.C. 4001 et seq.), including by investing 

5 amounts in the Funds in accordance with— 

6 (A) the Act of April 1, 1880 (25 U.S.C. 

7 161); and 

8 (B) the first section of the Act of June 24, 

9 1938 (25 U.S.C. 162a). 

10 (5) AVAILABILITY OF AMOUNTS FROM FUNDS.— 

11 Amounts in the Funds shall be available for expendi12 ture or withdrawal only after the enforceability date. 

13 (6) EXPENDITURE AND WITHDRAWAL.— 

14 (A) TRIBAL MANAGEMENT PLAN.— 

15 (i) IN GENERAL.—The Tribe may 

16 withdraw all or part of amounts in the 

17 Funds on approval by the Secretary of a 

18 tribal management plan as described in the 

19 American Indian Trust Fund Management 

20 Reform Act of 1994 (25 U.S.C. 4001 et 

21 seq.). 

22 (ii) REQUIREMENTS.—In addition to 

23 the requirements under the American In24 dian Trust Fund Management Reform Act 

25 of 1994 (25 U.S.C. 4001 et seq.), a tribal 


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1 management plan under this subparagraph 

2 shall require that the Tribe shall spend any 

3 amounts withdrawn from the Funds in ac4 cordance with the purposes described in 

5 paragraph (2)(C) or (3)(C). 

6 (iii) ENFORCEMENT.—The Secretary 

7 may take judicial or administrative action 

8 to enforce the provisions of a tribal manage9 ment plan under this subparagraph to en10 sure that any amounts withdrawn from the 

11 Funds under the plan are used in accord12 ance with this Act and the Agreement. 

13 (iv) LIABILITY.—If the Tribe exercises 

14 the right to withdraw amounts from the 

15 Funds, neither the Secretary nor the Sec16 retary of the Treasury shall retain any li17 ability for the expenditure or investment of 

18 the amounts. 

19 (B) EXPENDITURE PLAN.— 

20 (i) IN GENERAL.—The Tribe shall sub21 mit to the Secretary for approval an ex22 penditure plan for any portion of the 

23 amounts in the Funds that the Tribe does 

24 not withdraw under the tribal management 

25 plan. 


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1 (ii) DESCRIPTION.—The expenditure 

2 plan shall describe the manner in which, 

3 and the purposes for which, amounts of the 

4 Tribe remaining in the Funds will be used. 

5 (iii) APPROVAL.—On receipt of an ex6 penditure plan under clause (i), the Sec7 retary shall approve the plan if the Sec8 retary determines that the plan is reason9 able and consistent with this Act and the 

10 Agreement. 

11 (iv) ANNUAL REPORT.—For each of the 

12 Funds, the Tribe shall submit to the Sec13 retary an annual report that describes all 

14 expenditures from the Fund during the year 

15 covered by the report. 

16 (C) CERTAIN PER CAPITA DISTRIBUTIONS

17 PROHIBITED.—No amount in the Funds shall be 

18 distributed to any member of the Tribe on a per 

19 capita basis. 

20 (c) COST INDEXING.—All amounts authorized to be ap21 propriated under subsections (a) and (b) shall be adjusted 

22 as may be required to reflect the changes since October 1, 

23 2007, in the construction cost indices applicable to the types 

24 of construction involved in the construction of the WMAT 

25 rural water supply system, the maintenance of the rural 


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1 water supply system, and the construction or rehabilitation 

2 of the other development projects authorized under sub3 section (b)(2)(C). 

4 (d) EMERGENCY FUND FOR INDIAN SAFETY AND

5 HEALTH.— 

6 (1) DEFINITION OF EMERGENCY FUND FOR IN7 DIAN SAFETY AND HEALTH.—In this subsection, the 

8 term ‘‘Emergency Fund for Indian Safety and 

9 Health’’ means the Emergency Fund for Indian Safe10 ty and Health established by section 601(a) of the 

11 Tom Lantos and Henry J. Hyde United States Glob12 al Leadership Against HIV/AIDS, Tuberculosis, and 

13 Malaria Reauthorization Act of 2008 (22 U.S.C. 7601 

14 et seq.). 

15 (2) INITIAL TRANSFER.—Not later than 90 days 

16 after the date of enactment of this Act, such amounts 

17 as are available, but not to exceed $50,000,000, in the 

18 Emergency Fund for Indian Safety and Health shall 

19 be transferred to the White Mountain Apache Tribe 

20 Water Rights Settlement Subaccount. 

21 (3) SUBSEQUENT TRANSFER.—Effective begin22 ning on January 1, 2012, if the Secretary determines 

23 that, on an annual basis, the deadline described in 

24 section 9(d)(2) is not likely to be met because the 

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1 propriated and deposited in the White Mountain 

2 Apache Tribe Water Rights Settlement Subaccount, 

3 not more than $50,000,000 of the amounts in the 

4 Emergency Fund for Indian Safety and Health shall 

5 be transferred to the White Mountain Apache Tribe 

6 Water Rights Settlement Subaccount, as necessary to 

7 complete the WMAT rural water system project. 

8 (4) LIMITATION.—The total amount transferred 

9 from the Emergency Fund for Indian Safety and 

10 Health to the White Mountain Apache Tribe Water 

11 Rights Settlement Subaccount under paragraphs (2) 

12 and (3) shall not exceed $100,000,000. 

13 (e) OPERATION, MAINTENANCE, AND REPLACEMENT.— 

14 (1) IN GENERAL.—There is authorized to be ap15 propriated to the Secretary $2,500,000 for the oper16 ation, maintenance, and replacement costs of the 

17 WMAT rural water system, to remain available until 

18 the conditions described in subsection (g) have been 

19 met. 

20 (2) SUBSEQUENT FUNDING.—Beginning on Jan21 uary 1, 2021, the Tribe or the Secretary, as applica22 ble, may use amounts deposited in the WMAT Main23 tenance Fund under subsection (b)(3)(B) for oper24 ation, maintenance, and replacement costs of the 

25 WMAT rural water system. 


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1 (f) COST OVERRUNS.—On a determination by the Sec2 retary that the amount authorized to be appropriated under 

3 subsection (a) is not sufficient for the completion of the 

4 WMAT rural water system, there are authorized to be ap5 propriated such sums as are necessary, but not to exceed 

6 an additional $25,000,000, to complete the WMAT rural 

7 water system, to be derived by transfer from the amounts 

8 authorized to be appropriated to the Secretary for deposit 

9 in the WMAT Settlement Fund under subsection (b)(2)(B) 

10 in such amounts as the Secretary, in concurrence with the 

11 Tribe, determines to be appropriate. 

12 (g) CONDITIONS.—The amounts authorized to be ap13 propriated to the Secretary for deposit in the WMAT Main14 tenance Fund under subsection (b)(3)(B) shall not be avail15 able for expenditure or withdrawal until the later of— 

16 (1) December 31, 2020; and 

17 (2) the date on which the Secretary determines 

18 that the conditions described in section 9(d) have been 

19 met. 

20 SEC. 13. ANTIDEFICIENCY. 

21 The United States shall not be liable for failure to 

22 carry out any obligation or activity authorized to be carried 

23 out, subject to appropriations, under this Act (including 

24 any such obligation or activity under the Agreement) if adeVerDate Nov 24 2008 00:40 Jan 22, 2010 Jkt 089200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\S313.RS S313

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1 quate appropriations for that purpose are not provided by 

2 Congress. 

3 SEC. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 

4 If the Secretary fails to publish in the Federal Register 

5 a statement of findings as required under section 9(d) by 

6 not later than October 31, 2015— 

7 (1) effective beginning on November 1, 2015— 

8 (A) this Act is repealed; and 

9 (B) any action carried out by the Secretary, 

10 and any contract entered into, pursuant to this 

11 Act shall be void; 

12 (2) any amounts appropriated under subsections 

13 (a), (b), (d), and (e) of section 12, together with any 

14 interest accrued on those amounts, shall immediately 

15 revert to the general fund of the Treasury; and 

16 (3) any other amounts deposited in the White 

17 Mountain Apache Tribe Water Settlement Subaccount 

18 (including any amounts paid by the State in accord19 ance with the Agreement), together with any interest 

20 accrued on those amounts, shall immediately be re21 turned to the respective sources of those funds. 

22 SEC. 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

23 In carrying out this Act, the Secretary shall promptly 

24 comply with all applicable requirements of— 


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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); 

3 (2) the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.); 

5 (3) all other applicable Federal environmental 

6 laws; and 

7 (4) all regulations promulgated under the laws 

8 described in paragraphs (1) through (3). 


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Calendar No. 260 

111TH CONGRESS 

2D SESSION S. 313 

[Report No. 111–119] 

A BILL 

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

JANUARY 21, 2010 

Reported with an amendment 


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