HR 1065 PCS 
(H) to assert any other claims not specifi-
cally waived under this section; and 
(I) to assert any claim arising after the en-
forceability date for a future taking by the 
United States of reservation land, off-reserva-
tion trust land, or any property rights appur-
tenant to that land, including any water rights 
set forth in paragraph 4.0 of the Agreement. 
(3) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY UNITED STATES.—Notwithstanding 
the waiver and release of claims authorized under 
subsection (a)(2), the United States shall retain any 
right to assert any claim not specifically waived in 
that subsection. 
(c) EFFECTIVENESS OF WAIVER AND RELEASES.— 
Except as otherwise specifically provided in subparagraphs 
(E) and (F) of subsection (a)(3), the waivers and releases 
under subsection (a) shall become effective on the enforce-
ability date. 
(d) ENFORCEABILITY DATE.— 
(1) IN GENERAL.—This section takes effect on 
the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(A)(i) to the extent the Agreement con-
flicts with this Act, the Agreement has been re-
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vised through an amendment to eliminate the 
conflict; and 
(ii) the Agreement, as so revised, has been 
executed by the Secretary, the Tribe, and the 
Governor of the State; 
(B) the Secretary has fulfilled the require-
ments of sections 5 and 6; 
(C) the amount authorized by section 
12(a) has been deposited in the White Moun-
tain Apache Tribe Water Rights Settlement 
Subaccount; 
(D) the State funds described in subpara-
graph 13.3 of the Agreement have been depos-
ited in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount; 
(E) the Secretary has issued a record of 
decision approving the construction of the 
WMAT rural water system in a configuration 
substantially similar to that described in section 
7; and 
(F) the judgments and decrees substan-
tially in the form of those attached to the 
Agreement as exhibits 12.9.6.1 and 12.9.6.2 
have been approved by the respective trial 
courts. 
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(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If, because of the failure of the enforce-
ability date to occur by April 30, 2020, this section 
does not become effective, the Tribe and its mem-
bers, and the United States, acting in the capacity 
of trustee for the Tribe and its members, shall re-
tain the right to assert past, present, and future 
water rights claims and claims for injury to water 
rights for the reservation and off-reservation trust 
land. 
(3) NO RIGHTS TO WATER.—On the occurrence 
of the enforceability date, all land held by the 
United States in trust for the Tribe and its members 
shall have no rights to water other than those spe-
cifically quantified for the Tribe and the United 
States, acting in the capacity of trustee for the 
Tribe and its members, for the reservation and off- 
reservation trust land pursuant to paragraph 4.0 of 
the Agreement. 
(e) UNITED STATES ENFORCEMENT AUTHORITY.— 
Nothing in this Act or the Agreement affects any right 
of the United States to take any action, including environ-
mental actions, under any laws (including regulations and 
the common law) relating to human health, safety, or the 
environment. 
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(f) NO EFFECT ON WATER RIGHTS.—Except as pro-
vided in paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and 
(3)(B)(ii) of subsection (a), nothing in this Act affects any 
rights to water of the Tribe, its members, or the United 
States acting as trustee for the Tribe and members, for 
land outside the boundaries of the reservation or the off- 
reservation trust land. 
(g) ENTITLEMENTS.—Any entitlement to water of 
the Tribe, its members, or the United States acting as 
trustee for the Tribe and members, relating to the reserva-
tion or off-reservation trust land shall be satisfied from 
the water resources granted, quantified, confirmed, or rec-
ognized with respect to the Tribe, members, and the 
United States by the Agreement and this Act. 
(h) OBJECTION PROHIBITED.—Except as provided in 
subsection (b)(2)(F), the Tribe and the United States act-
ing as trustee for the Tribe shall not— 
(1) object to the usage of any well located out-
side the boundaries of the reservation or the off-res-
ervation trust land, as in existence on the enforce-
ability date; or 
(2) object to, dispute, or challenge after the en-
forceability date the drilling of any well or the with-
drawal and use of water from any well in the Little 
Colorado River adjudication proceedings, the Gila 
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River adjudication proceedings, or any other judicial 
or administrative proceeding. 
SEC. 10. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 
SETTLEMENT SUBACCOUNT. 
(a) ESTABLISHMENT.—There is established in the 
Lower Colorado River Basin Development Fund a sub-
account to be known as the ‘‘White Mountain Apache 
Tribe Water Rights Settlement Subaccount’’, consisting 
of— 
(1) the amounts made available under sub-
section (e); 
(2) the amounts appropriated to the subaccount 
pursuant to subsections (a) and (d) of section 12, as 
applicable; and 
(3) such other amounts as are available includ-
ing the funds provided in subparagraph 13.3 of the 
Agreement. 
(b) EXPENDITURES AND WITHDRAWALS.— 
(1) CONTRACTS.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of the White Mountain 
Apache Tribe Water Rights Settlement Sub-
account on approval by the Secretary pursuant 
to the terms of an agreement entered into 
under section 7(g). 
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(B) REQUIREMENTS.—An agreement en-
tered into under section 7(g) shall require that 
the Tribe shall use the amounts in the White 
Mountain Apache Tribe Water Rights Settle-
ment Subaccount only for the planning, design, 
and construction of the rural water system, in-
cluding such sums as are necessary— 
(i) for the Bureau to carry out over-
sight of the planning, design, and con-
struction of the rural water system; 
(ii) to repay any outstanding balance 
on the loan authorized by the White Moun-
tain Apache Tribe Rural Water System 
Loan Authorization Act (Public Law 110– 
390; 122 Stat. 4191); and 
(iii) to carry out all required environ-
mental compliance activities associated 
with the planning, design, and construction 
of the rural water system. 
(2) ENFORCEMENT.—The Secretary may pur-
sue such judicial remedies and carry out such ad-
ministrative actions as are necessary to enforce an 
agreement described in paragraph (1) to ensure that 
amounts in the White Mountain Apache Tribe Water 
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each expenditure from the White Mountain Apache 
Tribe Water Rights Settlement Subaccount during 
the year covered by the report. 
(c) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 
No amount of the principal, or the interest or income ac-
cruing on the principal, of the White Mountain Apache 
Tribe Water Rights Settlement Subaccount shall be dis-
tributed to any member of the Tribe on a per capita basis. 
(d) AVAILABILITY OF FUNDS.— 
(1) IN
GENERAL.—Amounts in the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount shall not be available for expenditure or 
withdrawal by the Tribe until the enforceability date. 
(2) INVESTMENT.—The Secretary shall invest 
the amounts in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount in accordance 
with section 403(f)(4) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(4)). 
(3) USE OF INTEREST.—The interest accrued 
on amounts invested under paragraph (2) shall not 
be available for expenditure or withdrawal until the 
later of— 
(A) November 1, 2019; and 
(B) the enforceability date. 
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(e) LOWER COLORADO RIVER BASIN DEVELOPMENT 
FUND.— 
(1) IN GENERAL.—Of amounts in the Lower 
Colorado River Basin Development Fund made 
available under section 403(f)(2)(D)(vi) of the Colo-
rado River Basin Project Act (43 U.S.C. 1543 
(f)(2)(D)(vi)), an amount equal to the difference be-
tween the balance of the White Mountain Apache 
Tribe Settlement Subaccount (as of November 1, 
2019), and the amount authorized to be appro-
priated under section 12(a)(1), but not to exceed 
$100,000,000, shall be deposited, without further 
appropriation, in the White Mountain Apache Tribe 
Settlement Subaccount. 
(2) AVAILABILITY OF FUNDS.—The funds au-
thorized to be deposited in the White Mountain 
Apache Tribe Settlement Subaccount pursuant to 
paragraph (1) shall not be available for expenditure 
or withdrawal until the later of— 
(A) November 1, 2019; and 
(B) the enforceability date. 
SEC. 11. MISCELLANEOUS PROVISIONS. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
(1) IN GENERAL.—In the case of a civil action 
described in paragraph (2)— 
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(A) the United States or the Tribe, or 
both, may be joined in the civil action; and 
(B) any claim by the United States or the 
Tribe to sovereign immunity from the civil ac-
tion is waived for the sole purpose of resolving 
any issue regarding the interpretation or en-
forcement of this Act or the Agreement. 
(2) DESCRIPTION OF CIVIL ACTION.—A civil ac-
tion referred to in paragraph (1) is a civil action 
filed— 
(A) by any party to the Agreement or sig-
natory to an exhibit to the Agreement in a 
United States or State court that— 
(i) relates solely and directly to the in-
terpretation or enforcement of this Act or 
the Agreement; and 
(ii) names as a party the United 
States or the Tribe; or 
(B) by a landowner or water user in the 
Gila River basin or Little Colorado River basin 
in the State that— 
(i) relates solely and directly to the in-
terpretation or enforcement of section 9 of 
this Act and paragraph 12.0 of the Agree-
ment; and 
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(ii) names as a party the United 
States or the Tribe. 
(b) EFFECT OF ACT.—Nothing in this Act quantifies 
or otherwise affects any water right or claim or entitle-
ment to water of any Indian tribe, band, or community 
other than the Tribe. 
(c) 
LIMITATION
ON
LIABILITY
OF
UNITED 
STATES.— 
(1) IN
GENERAL.—The United States shall 
have no trust or other obligation— 
(A) to monitor, administer, or account for, 
in any manner, any amount paid to the Tribe 
by any party to the Agreement other than the 
United States; or 
(B) to review or approve the expenditure of 
those funds. 
(2) INDEMNIFICATION.—The Tribe shall indem-
nify the United States, and hold the United States 
harmless, with respect to any claim (including claims 
for takings or breach of trust) arising out of the re-
ceipt or expenditure of funds described in paragraph 
(1)(A). 
(d) APPLICABILITY
OF
RECLAMATION
REFORM 
ACT.—The Reclamation Reform Act of 1982 (43 U.S.C. 
390aa et seq.) and any other acreage limitation or full- 
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cost pricing provision under Federal law shall not apply 
to any individual, entity, or land solely on the basis of— 
(1) receipt of any benefit under this Act; 
(2) the execution or performance of the Agree-
ment; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
(e) SECRETARIAL POWER SITES.—The portions of 
the following named secretarial power site reserves that 
are located on the Fort Apache Indian Reservation or the 
San Carlos Apache Reservation, as applicable, shall be 
transferred and restored into the name of the Tribe or 
the San Carlos Apache Tribe, respectively: 
(1) Lower Black River (T. 3 N., R. 26 E.; T. 
3 N., R. 27 E.). 
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 
2 N., R. 26 E.; T. 3 N., R. 26 E.). 
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 
E.; T. 41⁄2 N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 
41⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). 
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 
E.). 
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., 
R. 18 E.). 
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(6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., 
R. 16 E.). 
(f) NO EFFECT ON FUTURE ALLOCATIONS.—Water 
received under a lease or exchange of tribal CAP water 
under this Act shall not affect any future allocation or 
reallocation of CAP water by the Secretary. 
(g) AFTER-ACQUIRED TRUST LAND.— 
(1) REQUIREMENT OF ACT OF CONGRESS.— 
(A) LEGAL
TITLE.—After the enforce-
ability date, if the Tribe seeks to have legal title 
to additional land in the State of Arizona lo-
cated outside the exterior boundaries of the res-
ervation taken into trust by the United States 
for its benefit, the Tribe may do so only pursu-
ant to an Act of Congress specifically author-
izing the transfer for the benefit of the Tribe. 
(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to— 
(i) restoration of land to the reserva-
tion subsequently and finally determined to 
be part of the reservation through resolu-
tion of any dispute between the Tribe and 
the United States over the location of the 
reservation boundary unless required by 
Federal law; or 
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