(2) no portion of the tribal CAP water may be 
permanently alienated; 
(3)(A) the Tribe (and not the United States in 
any capacity) shall be entitled to all consideration 
due to the Tribe under any contract or option to 
lease or exchange tribal CAP water entered into by 
the Tribe; and 
(B) the United States (in any capacity) has no 
trust or other obligation to monitor, administer, or 
account for, in any manner— 
(i) any funds received by the Tribe as con-
sideration under a contract or option to lease or 
exchange tribal CAP water; or 
(ii) the expenditure of those funds; 
(4)(A) all tribal CAP water shall be delivered 
through the CAP system; and 
(B) if the delivery capacity of the CAP system 
is significantly reduced or anticipated to be signifi-
cantly reduced for an extended period of time, the 
Tribe shall have the same CAP delivery rights as a 
CAP contractor or CAP subcontractor that is al-
lowed to take delivery of water other than through 
the CAP system; 
(5) the Tribe may use tribal CAP water on or 
off the reservation for any purpose; 
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(6) as authorized by subsection (f)(2)(A) of sec-
tion 403 of the Colorado River Basin Project Act 
(43 U.S.C. 1543) and to the extent that funds are 
available in the Lower Colorado River Basin Devel-
opment Fund established by subsection (a) of that 
section, the United States shall pay to the Operating 
Agency the CAP fixed OM&R charges associated 
with the delivery of tribal CAP water (except in the 
case of tribal CAP water leased by any individual or 
entity); 
(7) the Secretary shall waive the right of the 
Secretary to capture all return flow from project ex-
change water flowing from the exterior boundary of 
the reservation; and 
(8) no CAP water service capital charge shall 
be due or payable for the tribal CAP water, regard-
less of whether the water is delivered for use by the 
Tribe or pursuant to a contract or option to lease 
or exchange tribal CAP water entered into by the 
Tribe. 
(b) REQUIREMENTS.—The Contract shall be— 
(1) for permanent service (within the meaning 
of section 5 of the Boulder Canyon Project Act (43 
U.S.C. 617d)); and 
(2) without limit as to term. 
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(c) RATIFICATION.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Contract conflicts with a provi-
sion of this Act, the Contract is authorized, ratified, 
and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Contract is authorized, ratified, and confirmed, to 
the extent that such an amendment is executed to 
make the Contract consistent with this Act. 
(d) EXECUTION OF CONTRACT.—To the extent that 
the Contract does not conflict with this Act, the Secretary 
shall execute the Contract. 
(e) PAYMENT OF CHARGES.—The Tribe, and any re-
cipient of tribal CAP water through a contract or option 
to lease or exchange, shall not be obligated to pay a water 
service capital charge or any other charge, payment, or 
fee for CAP water, except as provided in an applicable 
lease or exchange agreement. 
(f) PROHIBITIONS.— 
(1) USE
OUTSIDE
STATE.—No tribal CAP 
water may be leased, exchanged, forborne, or other-
wise transferred by the Tribe in any way for use di-
rectly or indirectly outside the State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and paragraph 4.7 of the Agree-
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ment, no tribal water rights under this Act may be 
sold, leased, transferred, or used outside the bound-
aries of the reservation or off-reservation trust land 
other than pursuant to an exchange. 
(3) AGREEMENTS WITH ARIZONA WATER BANK-
ING AUTHORITY.—Nothing in this Act or the Agree-
ment limits the right of the Tribe to enter into an 
agreement with the Arizona Water Banking Author-
ity established by section 45–2421 of the Arizona 
Revised Statutes (or any successor entity), in ac-
cordance with State law. 
(g) LEASES.— 
(1) IN GENERAL.—To the extent the leases of 
tribal CAP Water by the Tribe to the District and 
to any of the cities, attached as exhibits to the 
Agreement, are not in conflict with the provisions of 
this Act— 
(A) those leases are authorized, ratified, 
and confirmed; and 
(B) the Secretary shall execute the leases. 
(2) AMENDMENTS.—To the extent that amend-
ments are executed to make the leases described in 
paragraph (1) consistent with this Act, those amend-
ments are authorized, ratified, and confirmed. 
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SEC. 7. AUTHORIZATION OF THE RURAL WATER SYSTEM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Bureau, 
shall plan, design, construct, operate, maintain, replace, 
and rehabilitate the WMAT rural water system as gen-
erally described in the project extension report dated Feb-
ruary 2007. 
(b) COMPONENTS.—The WMAT rural water system 
under subsection (a) shall consist of— 
(1) a dam and storage reservoir, pumping 
plant, and treatment facilities located along the 
North Fork White River near the community of 
Whiteriver; 
(2) pipelines extending from the water treat-
ment plants to existing water distribution systems 
serving the Whiteriver, Carrizo, and Cibecue areas, 
together with other communities along the pipeline; 
(3) connections to existing distribution facili-
ties, including public and private water systems in 
existence on the date of enactment of this Act; 
(4) appurtenant buildings and access roads; 
(5) electrical power transmission and distribu-
tion facilities necessary for services to rural water 
system facilities; 
(6) all property and property rights necessary 
for the facilities described in this subsection; and 
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(7) such other project components as the Sec-
retary determines to be appropriate to meet the 
water supply, economic, public health, and environ-
mental needs of the portions of the reservation 
served by the WMAT rural water system, including 
water storage tanks, water lines, and other facilities 
for the Tribe and the villages and towns on the res-
ervation. 
(c) SERVICE AREA.—The service area of the WMAT 
rural water system shall be as described in the Project 
Extension report dated February 2007. 
(d) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the WMAT rural water system shall be planned 
and constructed to a size that is sufficient to meet the 
municipal, rural, and industrial water supply requirements 
of the WMAT rural water system service area during the 
period beginning on the date of enactment of this Act and 
ending not earlier than December 31, 2040. 
(e) TITLE.—Title to the WMAT rural water system 
shall be held in trust by the United States in its capacity 
as trustee for the Tribe. 
(f) TECHNICAL ASSISTANCE.—The Secretary shall 
provide such technical assistance as is necessary to enable 
the Tribe to plan, design, construct, operate, maintain, 
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and replace the WMAT rural water system, including op-
eration and management training. 
(g) APPLICABILITY OF ISDEAA.—Planning, design, 
construction, operation, maintenance, rehabilitation, and 
replacement of the WMAT rural water system on the res-
ervation shall be subject to the provisions (including regu-
lations) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.). 
(h) CONDITION.—As a condition of construction of 
the facilities authorized by this section, the Tribe shall 
provide, at no cost to the Secretary, all land or interests 
in land, as appropriate, that the Secretary identifies as 
being necessary for those facilities. 
SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL 
FISH HATCHERIES, AND EXISTING IRRIGA-
TION SYSTEMS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, on request of the Tribe, the Secretary shall 
provide financial and technical assistance to complete the 
Hawley Lake, Horseshoe Lake, Reservation Lake, Sunrise 
Lake, and Big and Little Bear Lake reconstruction 
projects and facilities improvements, as generally de-
scribed in the Bureau report entitled ‘‘White Mountain 
Apache Tribe Recreation Planning Study—April 2003’’. 
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(b) ALCHESAY WILLIAMS CREEK NATIONAL FISH 
HATCHERY COMPLEX.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary shall operate, main-
tain, rehabilitate, and upgrade the Alchesay-Wil-
liams Creek National Fish Hatchery Complex on the 
reservation for the continued general and primary 
benefit of the Tribe and the White Mountain region. 
(2) COMPLEX REHABILITATION.—The rehabili-
tation of, and upgrades to, the complex described in 
paragraph (1) shall include— 
(A) raceway construction and rehabilita-
tion, water quality improvements, a water recir-
culation system, supplemental water treatment 
capability, equipment acquisition, and building 
rehabilitation; and 
(B) capital improvement and deferred 
maintenance facility needs identified in the re-
ports of the United States Fish and Wildlife 
Service entitled ‘‘Facilities Needs Assessment’’ 
and ‘‘Merrick Report’’ and dated September 
2000, as updated through 2008. 
(c) TRIBE FISHERY CENTER.—Subject to the avail-
ability of appropriations, the Secretary shall plan, design, 
construct, operate, maintain, rehabilitate, and replace a 
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fish grow-out facility, to be known as the ‘‘WMAT Fishery 
Center’’, on the west side of the reservation for the benefit 
of the Tribe, consisting of— 
(1) a 10,000-square foot indoor facility; 
(2) circular fiberglass tanks; 
(3) plumbing and required equipment; 
(4) collection and conveyance water systems; 
and 
(5) raceways and ponds. 
(d) SUNRISE SKI PARK SNOW-MAKING INFRASTRUC-
TURE.—Subject to the availability of appropriations, the 
Secretary shall plan, design, and construct snow-making 
capacity and infrastructure for Sunrise Ski Park, con-
sisting of— 
(1) enlargement of Ono Lake; 
(2) replacement of snow-making infrastructure, 
as necessary; and 
(3) expansion of snow-making infrastructure 
and capacity to all ski runs on Sunrise Peak, Apache 
Peak, and Cyclone Peak. 
(e) EXISTING IRRIGATION SYSTEM REHABILITA-
TION.—Subject to the availability of appropriations, the 
Secretary shall operate, maintain, rehabilitate, and up-
grade the Canyon Day and other historic irrigation sys-
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tems on the reservation for the continued general and pri-
mary benefit of the Tribe. 
(f) APPLICABILITY OF ISDEAA.—Planning, design, 
construction, operation, maintenance, rehabilitation, re-
placement, and upgrade of the projects identified in this 
section shall be subject to the provisions (including regula-
tions) of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 et seq.). 
SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PROD-
UCTS IMPROVEMENTS. 
(a) FEASIBILITY STUDY.—Subject to the availability 
of appropriations and pursuant to the provisions (includ-
ing regulations) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.), on re-
ceipt of a request by the Tribe, the Secretary shall conduct 
a feasibility study of options for— 
(1) improving the manufacture and use of tim-
ber products derived from commercial forests on the 
reservation; and 
(2) improving forest management practices, 
consistent with sustained yield principles for multi-
purpose forest uses, healthy forest initiatives, and 
other applicable law to supply raw materials for fu-
ture manufacture and use. 
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(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary, with concurrence 
of the tribal council of the Tribe, shall submit to Congress 
a report describing the results of the feasibility study 
under subsection (a), including recommendations of the 
Secretary, if any, for the improvements described in that 
subsection. 
(c) IMPLEMENTATION.—Subject to the availability of 
appropriations, the Secretary shall plan, design, and con-
struct the improvements recommended under subsection 
(b). 
SEC. 10. RECREATION IMPOUNDMENTS AND RELATED FA-
CILITIES. 
Subject to the availability of appropriations, on re-
ceipt of a request by the Tribe and pursuant to the provi-
sions (including regulations) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 
et seq.), the Secretary shall— 
(1) conduct a feasibility study of recreation im-
poundments throughout the reservation; 
(2) develop recommendations for the implemen-
tation, by not later than 1 year after the date of en-
actment of this Act, of feasible recreation impound-
ments; and 
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(3) plan, design, and construct any rec-
ommended recreation impoundments and related 
recreation facilities. 
SEC. 11. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits realized by the Tribe 
and its members under this Act shall be in full satisfaction 
of all claims of the Tribe and its members for water rights 
and injury to water rights, except as set forth in the 
Agreement, under Federal, State, or other law with re-
spect to the reservation and off-reservation trust land. 
(b) USES OF WATER.—All uses of water on lands 
outside of the reservation, if and when such lands are sub-
sequently and finally determined to be part of the reserva-
tion through resolution of any dispute between the Tribe 
and the United States over the location of the reservation 
boundary, and any fee lands within the reservation put 
into trust and made part of the reservation, shall be sub-
ject to the maximum annual diversion amounts and the 
maximum annual depletion amounts specified in the 
Agreement. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a), nothing in this Act has the effect 
of recognizing or establishing any right of a member of 
the Tribe to water on the reservation. 
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SEC. 12. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.—– 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.—–Except as provided in subparagraph 12.6 of 
the Agreement, the Tribe, on behalf of itself and its 
members, and the United States, acting in its capac-
ity of trustee for the Tribe and its members as part 
of the performance of their obligations under the 
Agreement, are authorized to execute a waiver and 
release of any claims against the State (or any agen-
cy or political subdivision of the State), or any other 
person, entity, corporation, or municipal corporation 
under Federal, State, or other law for all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
(ii) past, present, and future claims for 
water rights arising from time immemorial and, 
thereafter, forever, that are based upon aborigi-
nal occupancy of land by the Tribe, its mem-
bers, or their predecessors; 
(B)(i) past and present claims for injury to 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
through the enforceability date; 
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(ii) past, present, and future claims for in-
jury to water rights arising from time immemo-
rial and, thereafter, forever, that are based 
upon aboriginal occupancy of land by the Tribe 
and its members, or their predecessors; and 
(iii) claims for injury to water rights aris-
ing after the enforceability date for the reserva-
tion and off-reservation trust land resulting 
from off-reservation diversion or use of water in 
a manner not in violation of the Agreement or 
State law; and 
(C) past, present, and future claims aris-
ing out of or relating in any manner to the ne-
gotiation or execution of the Agreement or the 
negotiation or enactment of this Act. 
(2) CLAIMS AGAINST TRIBE.—Except as pro-
vided in subparagraph 12.8 of the Agreement, the 
United States, in all its capacities (except as trustee 
for an Indian tribe other than the Tribe), as part of 
the performance of its obligations under the Agree-
ment, is authorized to execute a waiver and release 
of any and all claims against the Tribe, its members, 
or any agency, official, or employee of the Tribe, 
under Federal, State, or any other law for all— 
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(A) past and present claims for injury to 
water rights resulting from the diversion or use 
of water on the reservation and on off-reserva-
tion trust land arising from time immemorial 
through the enforceability date; 
(B) claims for injury to water rights aris-
ing after the enforceability date resulting from 
the diversion or use of water on the reservation 
and on off-reservation trust land in a manner 
not in violation of the Agreement; and 
(C) past, present, and future claims aris-
ing out of or related in any manner to the nego-
tiation or execution of the Agreement or the ne-
gotiation or enactment of this Act. 
(3) CLAIMS AGAINST THE UNITED STATES.— 
Except as provided in subparagraph 12.7 of the 
Agreement, the Tribe, on behalf of itself and its 
members, as part of the performance of its obliga-
tions under the Agreement, is authorized to execute 
a waiver and release of any claim against the United 
States, including agencies, officials, or employees 
thereof (except in the United States capacity as 
trustee for other tribes), under Federal, State, or 
other law for any and all— 
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(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
(ii) past, present, and future claims for 
water rights arising from time immemorial and, 
thereafter, forever, that are based on aboriginal 
occupancy of land by the Tribe and its mem-
bers, or their predecessors; 
(B)(i) past and present claims relating in 
any manner to damages, losses, or injuries to 
water, water rights, land, or other resources 
due to loss of water or water rights (including 
but not limited to damages, losses or injuries to 
hunting, fishing, gathering, or cultural rights 
due to loss of water or water rights; claims re-
lating to interference with, diversion or taking 
of water; or claims relating to failure to protect, 
acquire, or develop water, water rights or water 
infrastructure) within the reservation and off- 
reservation trust land that first accrued at any 
time prior to the enforceability date; 
(ii) past, present, and future claims for in-
jury to water rights arising from time immemo-
rial and, thereafter, forever, that are based on 
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aboriginal occupancy of land by the Tribe and 
its members, or their predecessors; and 
(iii) claims for injury to water rights aris-
ing after the enforceability date for the reserva-
tion and off-reservation trust land resulting 
from the off-reservation diversion or use of 
water in a manner not in violation of the Agree-
ment or applicable law; 
(C) past, present, and future claims aris-
ing out of or relating in any manner to the ne-
gotiation, execution, or adoption of the Agree-
ment, an applicable settlement judgment or de-
cree, or this Act; 
(D) past and present claims relating in any 
manner to pending litigation of claims relating 
to the Tribe’s water rights for the reservation 
and off-reservation trust land; 
(E) past and present claims relating to the 
operation, maintenance, and replacement of ex-
isting irrigation systems on the reservation con-
structed prior to the enforceability date that 
first accrued at any time prior to the enforce-
ability date, which waiver shall only become ef-
fective upon the full appropriation and payment 
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