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(ii) off-reservation trust land acquired 
prior to January 1, 2008. 
(2) WATER RIGHTS.— 
(A) IN
GENERAL.—Under this section, 
after-acquired trust land outside the reservation 
shall not include federally reserved rights to 
surface water or groundwater. 
(B) RESTORED LAND.—Land restored to 
the reservation as the result of resolution of any 
reservation boundary dispute between the Tribe 
and the United States, or any fee simple land 
within the reservation that are placed into 
trust, shall have water rights pursuant to sec-
tion 8(b). 
(3) ACCEPTANCE OF LAND IN TRUST STATUS.— 
(A) IN GENERAL.—If the Tribe acquires 
legal fee title to land that is located within the 
exterior boundaries of the reservation, the Sec-
retary shall accept the land in trust status for 
the benefit of the Tribe in accordance with ap-
plicable Federal law (including regulations) for 
such real estate acquisitions. 
(B) RESERVATION
STATUS.—Land taken 
or held in trust by the Secretary under para-
graph (3), or restored to the reservation as a 
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result of resolution of a boundary dispute be-
tween the Tribe and the United States, shall be 
deemed to be part of the reservation. 
(h) CONFORMING AMENDMENT.—Section 3(b)(2) of 
the White Mountain Apache Tribe Rural Water System 
Loan Authorization Act (Public Law 110–390; 122 Stat. 
4191) is amended by striking ‘‘January 1, 2013’’ and in-
serting ‘‘May 1, 2020’’. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
(a) RURAL WATER SYSTEM.— 
(1) IN GENERAL.—There is authorized to be 
appropriated for the planning, engineering, design, 
environmental compliance, and construction of the 
WMAT rural water system $126,193,000. 
(2) INCLUSIONS.—The amount authorized to be 
appropriated under paragraph (1) shall include such 
sums as are necessary, but not to exceed 4 percent 
of construction contract costs, for the Bureau to 
carry out oversight of activities for planning, design, 
environmental compliance, and construction of the 
rural water system. 
(b) 
WMAT 
SETTLEMENT
AND
MAINTENANCE 
FUNDS.— 
(1) DEFINITION
OF
FUNDS.—In this sub-
section, the term ‘‘Funds’’ means— 
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(A) the WMAT Settlement Fund estab-
lished by paragraph (2)(A); and 
(B) the WMAT Maintenance Fund estab-
lished by paragraph (3)(A). 
(2) WMAT SETTLEMENT FUND.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the ‘‘WMAT Settlement 
Fund’’, consisting of such amounts as are de-
posited in the fund under subparagraph (B), to-
gether with any interest accrued on those 
amounts, for use by the Tribe in accordance 
with subparagraph (C). 
(B) TRANSFERS TO FUND.—There is au-
thorized to be appropriated to the Secretary 
$113,500,000 for deposit in the WMAT Settle-
ment Fund, of which not less than $4,950,000 
shall be used for the rehabilitation of existing 
irrigation systems. 
(C) USE OF FUNDS.—The Tribe shall use 
amounts in the WMAT Settlement Fund for 
any of the following purposes: 
(i) Fish production, including hatch-
eries. 
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(ii) 
Rehabilitation 
of 
recreational 
lakes and existing irrigation systems. 
(iii) Water-related economic develop-
ment projects. 
(iv) Protection, restoration, and eco-
nomic development of forest and watershed 
health. 
(v) Any cost overruns for the comple-
tion of the WMAT rural water system, as 
provided in subsection (f). 
(3) WMAT MAINTENANCE FUND.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the ‘‘WMAT Maintenance 
Fund’’, consisting of such amounts as are de-
posited in the fund under subparagraph (B), to-
gether with any interest accrued on those 
amounts, for use by the Tribe in accordance 
with subparagraph (C). 
(B) TRANSFERS TO FUND.—There is au-
thorized to be appropriated to the Secretary 
$50,000,000 for deposit in the WMAT Mainte-
nance Fund. 
(C) USE
OF
FUNDS.—The Tribe or the 
Secretary, as applicable, shall use amounts in 
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the WMAT Maintenance Fund only for the op-
eration, maintenance, and replacement costs as-
sociated with the delivery of water through the 
rural water system. 
(4) ADMINISTRATION.—The Secretary shall 
manage the Funds in accordance with the American 
Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.), including by invest-
ing amounts in the Funds in accordance with— 
(A) the Act of April 1, 1880 (25 U.S.C. 
161); and 
(B) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a). 
(5) 
AVAILABILITY
OF
AMOUNTS
FROM 
FUNDS.—Amounts in the Funds shall be available 
for expenditure or withdrawal only after the enforce-
ability date in accordance with subsection (g). 
(6) EXPENDITURE AND WITHDRAWAL.— 
(A) TRIBAL MANAGEMENT PLAN.— 
(i) IN
GENERAL.—The Tribe may 
withdraw all or part of amounts in the 
Funds on approval by the Secretary of a 
tribal management plan as described in the 
American Indian Trust Fund Management 
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Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(ii) REQUIREMENTS.—In addition to 
the requirements under the American In-
dian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001 et seq.), a tribal 
management plan under this subparagraph 
shall require that the Tribe shall spend 
any amounts withdrawn from the Funds in 
accordance with the purposes described in 
paragraph (2)(C) or (3)(C). 
(iii) ENFORCEMENT.—The Secretary 
may take judicial or administrative action 
to enforce the provisions of a tribal man-
agement plan under this subparagraph to 
ensure that any amounts withdrawn from 
the Funds under the plan are used in ac-
cordance with this Act and the Agreement. 
(iv) LIABILITY.—If the Tribe exer-
cises the right to withdraw amounts from 
the Funds, neither the Secretary nor the 
Secretary of the Treasury shall retain any 
liability for the expenditure or investment 
of the amounts. 
(B) EXPENDITURE PLAN.— 
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(i) IN
GENERAL.—The Tribe shall 
submit to the Secretary for approval an ex-
penditure plan for any portion of the 
amounts in the Funds that the Tribe does 
not withdraw under the tribal management 
plan. 
(ii) DESCRIPTION.—The expenditure 
plan shall describe the manner in which, 
and the purposes for which, amounts of 
the Tribe remaining in the Funds will be 
used. 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan if the Sec-
retary determines that the plan is reason-
able and consistent with this Act and the 
Agreement. 
(iv) ANNUAL REPORT.—For each of 
the Funds, the Tribe shall submit to the 
Secretary an annual report that describes 
all expenditures from the Fund during the 
year covered by the report. 
(C) CERTAIN PER CAPITA DISTRIBUTIONS 
PROHIBITED.—No amount in the Funds shall 
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be distributed to any member of the Tribe on 
a per capita basis. 
(c) COST INDEXING.—All amounts authorized to be 
appropriated under subsections (a) and (b) shall be ad-
justed as may be required to reflect the changes since Oc-
tober 1, 2007, in the construction cost indices applicable 
to the types of construction involved in the construction 
of the WMAT rural water supply system, the maintenance 
of the rural water supply system, and the construction or 
rehabilitation of the other development projects authorized 
under subsection (b)(2)(C). 
(d) EMERGENCY FUND FOR INDIAN SAFETY AND 
HEALTH.— 
(1) DEFINITION OF EMERGENCY FUND FOR IN-
DIAN SAFETY AND HEALTH.—In this subsection, the 
term ‘‘Emergency Fund for Indian Safety and 
Health’’ means the Emergency Fund for Indian 
Safety and Health established by section 601(a) of 
the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, 
and Malaria Reauthorization Act of 2008 (22 U.S.C. 
7601 et seq.). 
(2) INITIAL
TRANSFER.—Not later than 90 
days after the date of enactment of this Act, such 
amounts as are available, but not to exceed 
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$50,000,000, in the Emergency Fund for Indian 
Safety and Health shall be transferred to the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount. 
(3) SUBSEQUENT TRANSFER.—Effective begin-
ning on January 1, 2012, if the Secretary deter-
mines that, on an annual basis, the amount author-
ized to be appropriated under subsection (a) will not 
be appropriated and deposited in the White Moun-
tain Apache Tribe Water Rights Settlement Sub-
account by October 31, 2012, not more than 
$50,000,000 of the amounts in the Emergency Fund 
for Indian Safety and Health shall be transferred to 
the White Mountain Apache Tribe Water Rights 
Settlement Subaccount, as necessary to complete the 
WMAT rural water system project. 
(4) LIMITATION.—The total amount transferred 
from the Emergency Fund for Indian Safety and 
Health to the White Mountain Apache Tribe Water 
Rights Settlement Subaccount under paragraphs (2) 
and (3) shall not exceed $100,000,000. 
(e) OPERATION, MAINTENANCE, AND
REPLACE-
MENT.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary $2,500,000 for the op-
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eration, maintenance, and replacement costs of the 
WMAT rural water system, to remain available until 
the conditions described in subsection (g) have been 
met. 
(2) SUBSEQUENT FUNDING.—Beginning on No-
vember 1, 2019, or the enforceability date, whichever 
is later, the Tribe or the Secretary, as applicable, 
may use amounts deposited in the WMAT Mainte-
nance Fund under subsection (b)(3)(B) for oper-
ation, maintenance, and replacement costs of the 
WMAT rural water system. 
(f) COST OVERRUNS.—On a determination by the 
Secretary that the amount authorized to be appropriated 
under subsection (a) is not sufficient for the completion 
of the WMAT rural water system, there are authorized 
to be appropriated such sums as are necessary, but not 
to exceed an additional $25,000,000, to complete the 
WMAT rural water system, to be derived by transfer from 
the amounts authorized to be appropriated to the Sec-
retary for deposit in the WMAT Settlement Fund under 
subsection (b)(2)(B) in such amounts as the Secretary, 
in concurrence with the Tribe, determines to be appro-
priate. 
(g) CONDITIONS.—The amounts authorized to be ap-
propriated to the Secretary for deposit in the WMAT 
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Maintenance Fund, together with any interest accrued 
thereon, under subsection (b)(3), and any interest accru-
ing on the WMAT Settlement Fund under subsection 
(b)(2), shall not be available for expenditure or withdrawal 
until the later of— 
(1) November 1, 2019; and 
(2) the date on which the Secretary determines 
that the conditions described in section 9(d) have 
been met. 
SEC. 13. ANTIDEFICIENCY. 
The United States shall not be liable for failure to 
carry out any obligation or activity authorized to be car-
ried out, subject to appropriations, under this Act (includ-
ing any such obligation or activity under the Agreement) 
if adequate appropriations for that purpose are not pro-
vided by Congress. 
SEC. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary fails to publish in the Federal Reg-
ister a statement of findings as required under section 
9(d) by not later than April 30, 2020— 
(1) effective beginning on May 1, 2020— 
(A) this Act is repealed; and 
(B) any action carried out by the Sec-
retary, and any contract entered into, pursuant 
to this Act shall be void; 
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(2) any amounts appropriated under sub-
sections (a), (b), (d), and (e) of section 12, together 
with any interest accrued on those amounts, shall 
immediately revert to the general fund of the Treas-
ury; and 
(3) any other amounts deposited in the White 
Mountain Apache Tribe Water Settlement Sub-
account (including any amounts paid by the State in 
accordance with the Agreement), together with any 
interest accrued on those amounts, shall immediately 
be returned to the respective sources of those funds. 
SEC. 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
In carrying out this Act, the Secretary shall promptly 
comply with all applicable requirements of— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(3) all other applicable Federal environmental 
laws; and 
(4) all regulations promulgated under the laws 
described in paragraphs (1) through (3). 
Passed the House of Representatives January 21, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 340 
111TH CONGRESS 
2D SESSION 
H. R. 1065 
AN ACT 
To resolve water rights claims of the White Moun-
tain Apache Tribe in the State of Arizona, and 
for other purposes. 
MARCH 26 (legislative day, MARCH 25), 2010 
Read twice and placed on the calendar 
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