imum 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. 
SEC. 9. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.—– 
(1) CLAIMS AGAINST THE STATE AND OTHERS.— 
Except as provided in subsection (b)(1), the Tribe, on 
behalf of itself and its members, and the United 
States, acting in its capacity of trustee for the Tribe 
and its members, as part of the performance of their 
obligations under the Agreement, are authorized to 
execute a waiver and release of any claims against 
the State (or any agency or political subdivision of 
the State), or any other person, entity, corporation, or 
municipal corporation under Federal, State, or other 
law for all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-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, 
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thereafter, forever, that are based on aboriginal 
occupancy of land by the Tribe, its members, or 
their predecessors; 
(B)(i) past and present claims for injury to 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
through 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 
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 arising 
out of or relating in any manner to the negotia-
tion, execution, or adoption of the Agreement, an 
applicable settlement judgement or decree, or this 
Act. 
(2) CLAIMS AGAINST TRIBE.—Except as provided 
in subsection (b)(3), the United States, in all its ca-
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pacities (except as trustee for an Indian tribe other 
than the Tribe), as part of the performance of its obli-
gations under the Agreement, is authorized to execute 
a waiver and release of any and all claims against 
the Tribe, its members, or any agency, official, or em-
ployee of the Tribe, under Federal, State, or any other 
law for all— 
(A) past and present claims for injury to 
water rights resulting from the diversion or use 
of water on the reservation and on off-reservation 
trust land arising from time immemorial 
through the enforceability date; 
(B) claims for injury to water rights 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 arising 
out of or related in any manner to the negotia-
tion, execution, or adoption of the Agreement, an 
applicable settlement judgement or decree, or this 
Act. 
(3) CLAIMS AGAINST UNITED STATES.—Except 
as provided in subsection (b)(2), the Tribe, on behalf 
of itself and its members, as part of the performance 
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of the obligations of the Tribe under the Agreement, 
is authorized to execute a waiver and release of any 
claim against the United States, including agencies, 
officials, or employees of the United States (except in 
the capacity of the United States as trustee for other 
Indian tribes), under Federal, State, or other law for 
any and all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-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, its members, or 
their predecessors; 
(B)(i) past and present claims relating in 
any manner to damages, losses, or injuries to 
water, water rights, land, or other resources due 
to loss of water or water rights (including dam-
ages, losses, or injuries to hunting, fishing, gath-
ering, or cultural rights due to loss of water or 
water rights, claims relating to interference with, 
diversion, or taking of water, or claims relating 
to failure to protect, acquire, or develop water, 
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water rights, or water infrastructure) within the 
reservation and off-reservation trust land that 
first accrued at any time prior to the enforce-
ability 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 ab-
original occupancy of land by the Tribe, 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 Agreement or ap-
plicable law; 
(C) past, present, and future claims arising 
out of or relating in any manner to the negotia-
tion, execution, or adoption of the Agreement, an 
applicable settlement judgment or decree, or this 
Act; 
(D) past and present claims relating in any 
manner to pending litigation of claims relating 
to the water rights of the Tribe for the reserva-
tion and off-reservation trust land; 
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(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 enforceability 
date, which waiver shall only become effective on 
the full appropriation and payment to the Tribe 
of $4,950,000 authorized by section 12(b)(2)(B); 
(F) future claims relating to operation, 
maintenance, and replacement of the WMAT 
rural water system, which waiver shall only be-
come effective on the full appropriation of funds 
authorized by section 12(b)(3)(B) and the deposit 
of those funds in the WMAT Maintenance Fund; 
(G) past and present breach of trust and 
negligence claims for damage to the land and 
natural resources of the Tribe caused by riparian 
and other vegetative manipulation by the United 
States for the purpose of increasing water runoff 
from the reservation that first accrued at any 
time prior to the enforceability date; and 
(H) past and present claims for trespass, 
use, and occupancy of the reservation in, on, and 
along the Black River that first accrued at any 
time prior to the enforceability date. 
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(b) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.— 
(1) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AND UNITED STATES.— 
(A) IN
GENERAL.—Notwithstanding the 
waiver and release of claims authorized under 
subsection (a)(1), the Tribe, on behalf of itself 
and the members of the Tribe, and the United 
States, acting as trustee for the Tribe and mem-
bers of the Tribe, shall retain any right— 
(i) subject to subparagraph 16.9 of the 
Agreement, to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe and members of the Tribe under the 
Agreement or this Act in any Federal or 
State court of competent jurisdiction; 
(ii) to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe 
under the judgment and decree entered by 
the court in the Gila River adjudication 
proceedings; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
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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 sub-
section (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.—Ex-
cept 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 conflicts 
with this Act, the Agreement has been revised 
through an amendment to eliminate the conflict; 
and 
(ii) the Agreement, as so revised, has been 
executed by the Secretary, the Tribe, and the 
Governor of the State; 
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(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 Mountain 
Apache Tribe Water Rights Settlement Sub-
account; 
(D) the State funds described in subpara-
graph 13.3 of the Agreement have been deposited 
in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount; 
(E) the Secretary has issued a record of de-
cision approving the construction of the WMAT 
rural water system in a configuration substan-
tially similar to that described in section 7; and 
(F) the judgments and decrees substantially 
in the form of those attached to the Agreement as 
exhibits 12.9.6.1 and 12.9.6.2 have been approved 
by the respective trial courts. 
(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If, because of the failure of the enforceability 
date to occur by October 31, 2015, this section does 
not become effective, the Tribe and its members, and 
the United States, acting in the capacity of trustee for 
the Tribe and its members, shall retain the right to 
assert past, present, and future water rights claims 
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and claims for injury to water rights for the reserva-
tion and off-reservation trust land. 
(3) NO RIGHTS TO WATER.—On the occurrence of 
the enforceability date, all land held by the United 
States in trust for the Tribe and its members shall 
have no rights to water other than those specifically 
quantified for the Tribe and the United States, acting 
in the capacity of trustee for the Tribe and its mem-
bers, 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. 
(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-reserva-
tion trust land. 
(g) ENTITLEMENTS.—Any entitlement to water of the 
Tribe, its members, or the United States acting as trustee 
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for the Tribe and members, relating to the reservation or 
off-reservation trust land shall be satisfied from the water 
resources granted, quantified, confirmed, or recognized with 
respect to the Tribe, members, and the United States by the 
Agreement and this Act. 
(h) OBJECTION PROHIBITED.—Except as provided in 
subsection (b)(2)(F), the Tribe and the United States acting 
as trustee for the Tribe shall not— 
(1) object to the usage of any well located outside 
the boundaries of the reservation or the off-reservation 
trust land, as in existence on the enforceability date; 
or 
(2) object to, dispute, or challenge after the 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 
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— 
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(1) the amounts appropriated to the subaccount 
pursuant to subsections (a) and (d) of section 12, as 
applicable; and 
(2) such other amounts as are available, 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 Subaccount on 
approval by the Secretary pursuant to the terms 
of an agreement entered into under section 7(g). 
(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 Settlement 
Subaccount only for the planning, design, and 
construction of the rural water system, including 
such sums as are necessary— 
(i) for the Bureau to carry out over-
sight of the planning, design, and construc-
tion of the rural water system; 
(ii) to repay any outstanding balance 
on the loan authorized by the White Moun-
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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 pursue 
such judicial remedies and carry out such adminis-
trative actions as are necessary to enforce an agree-
ment described in paragraph (1) to ensure that 
amounts in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount are used in accordance 
with this section. 
(3) LIABILITY.—On withdrawal by the Tribe of 
amounts in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount, the Secretary and the 
Secretary of the Treasury shall not retain liability for 
the expenditure or investment of those amounts. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts in the sub-
account under this section that the Tribe does 
not withdraw pursuant to this subsection. 
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(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, the amounts remaining in the 
subaccount will be used. 
(C) APPROVAL.—The Secretary shall ap-
prove an expenditure plan under this paragraph 
if the Secretary determines that the plan is— 
(i) reasonable; and 
(ii) consistent with this Act. 
(5) ANNUAL REPORTS.—The Tribe shall submit 
to the Secretary an annual report that describes each 
expenditure from the White Mountain Apache Tribe 
Water Rights Settlement Subaccount during the year 
covered by the report. 
(c) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 
No amount of the principal, or the interest or income accru-
ing on the principal, of the White Mountain Apache Tribe 
Water Rights Settlement Subaccount shall be distributed to 
any member of the Tribe on a per capita basis. 
(d) AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Amounts in the White Moun-
tain Apache Tribe Water Rights Settlement Sub-
account shall not be available for expenditure or with-
drawal by the Tribe until the enforceability date. 
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(2) INVESTMENT.—Beginning on the date de-
scribed in section 9(d), the Secretary shall invest the 
amounts in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount in accordance with sec-
tion 403(f)(4) of the Colorado River Basin Project Act 
(43 U.S.C. 1543(f)(4)). 
SEC. 11. MISCELLANEOUS PROVISIONS. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
(1) IN GENERAL.—In the case of a civil action 
described in paragraph (2)— 
(A) the United States or the Tribe, or both, 
may be joined in the civil action; and 
(B) any claim by the United States or the 
Tribe to sovereign immunity from the civil 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— 
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(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 
(ii) names as a party the United 
States or the Tribe. 
(b) EFFECT OF ACT.—Nothing in this Act quantifies 
or otherwise affects any water right or claim or entitlement 
to water of any Indian tribe, band, or community other 
than the Tribe. 
(c) LIMITATION ON LIABILITY OF UNITED STATES.— 
(1) IN GENERAL.—The United States shall have 
no trust or other obligation— 
(A) to monitor, administer, or account for, 
in any manner, any amount paid to the Tribe 
by any party to the Agreement other than the 
United States; or 
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(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-cost pricing 
provision under Federal law shall not apply to any indi-
vidual, 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 lo-
cated on the Fort Apache Indian Reservation or the San 
Carlos Apache Reservation, as applicable, shall be trans-
ferred and restored into the name of the Tribe or the San 
Carlos Apache Tribe, respectively: 
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(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.). 
(6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., 
R. 16 E.). 
(f) NO EFFECT ON FUTURE ALLOCATIONS.—Water re-
ceived under a lease or exchange of tribal CAP water under 
this Act shall not affect any future allocation or reallocation 
of CAP water by the Secretary. 
(g) AFTER-ACQUIRED TRUST LAND.— 
(1) REQUIREMENT OF ACT OF CONGRESS.— 
(A) LEGAL TITLE.—After the enforceability 
date, if the Tribe seeks to have legal title to addi-
tional land in the State of Arizona located out-
side the exterior boundaries of the reservation 
taken into trust by the United States for its ben-
efit, the Tribe may do so only pursuant to an 
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Act of Congress specifically authorizing the 
transfer for the benefit of the Tribe. 
(B) EXCEPTIONS.—Subparagraph (A) shall 
not apply to— 
(i) restoration of land to the reserva-
tion subsequently and finally determined to 
be part of the reservation through resolution 
of any dispute between the Tribe and the 
United States over the location of the res-
ervation boundary unless required by Fed-
eral law; or 
(ii) off-reservation trust land acquired 
prior to January 1, 2008. 
(2) WATER RIGHTS.— 
(A) IN GENERAL.—Under this section, after- 
acquired trust land outside the reservation shall 
not include federally reserved rights to surface 
water or groundwater. 
(B) RESTORED LAND.—Land restored to the 
reservation as the result of resolution of any res-
ervation boundary dispute between the Tribe and 
the United States, or any fee simple land within 
the reservation that are placed into trust, shall 
have water rights pursuant to section 8(b). 
(3) ACCEPTANCE OF LAND IN TRUST STATUS.— 
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(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 appli-
cable Federal law (including regulations) for 
such real estate acquisitions. 
(B) RESERVATION STATUS.—Land taken or 
held in trust by the Secretary under paragraph 
(3), or restored to the reservation as a result of 
resolution of a boundary dispute between the 
Tribe and the United States, shall be deemed to 
be part of the reservation. 
(h) CONFORMING AMENDMENT.—Section 3(b)(2) of the 
White Mountain Apache Tribe Rural Water System Loan 
Authorization Act (Public Law 110–390; 122 Stat. 4191) 
is amended by striking ‘‘2013’’ and inserting ‘‘2016’’. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
(a) RURAL WATER SYSTEM.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated for the planning, engineering, design, en-
vironmental 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 
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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, envi-
ronmental compliance, and construction of the rural 
water system. 
(b) 
WMAT 
SETTLEMENT
AND
MAINTENANCE 
FUNDS.— 
(1) DEFINITION OF FUNDS.—In this subsection, 
the term ‘‘Funds’’ means— 
(A) the WMAT Settlement Fund established 
by paragraph (2)(A); and 
(B) the WMAT Maintenance Fund estab-
lished by paragraph (3)(A). 
(2) WMAT SETTLEMENT FUND.— 
(A) ESTABLISHMENT.—There is established 
in the Treasury of the United States a fund to 
be known as the ‘‘WMAT Settlement Fund’’, for 
use by the Tribe in accordance with subpara-
graph (C), which shall consist of— 
(i) such amounts as are deposited in 
the fund under subparagraph (B); and 
(ii) any interest accrued on the depos-
ited amounts. 
(B) TRANSFERS
TO
FUND.—There is au-
thorized to be appropriated to the Secretary 
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$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 ir-
rigation 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. 
(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 established 
in the Treasury of the United States a fund to 
be known as the ‘‘WMAT Maintenance Fund’’, 
consisting of such amounts as are deposited in 
the fund under subparagraph (B), together with 
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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 Sec-
retary, as applicable, shall use amounts in the 
WMAT Maintenance Fund only for the oper-
ation, maintenance, and replacement costs asso-
ciated with the delivery of water through the 
rural water system. 
(4) ADMINISTRATION.—The Secretary shall man-
age the Funds in accordance with the American In-
dian Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.), including by investing 
amounts in the Funds in accordance with— 
(A) the Act of April 1, 1880 (25 U.S.C. 
161); and 
(B) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a). 
(5) AVAILABILITY OF AMOUNTS FROM FUNDS.— 
Amounts in the Funds shall be available for expendi-
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ture or withdrawal only after the enforceability date 
in accordance with subsection (g). 
(6) EXPENDITURE AND WITHDRAWAL.— 
(A) TRIBAL MANAGEMENT PLAN.— 
(i) IN
GENERAL.—The Tribe may 
withdraw all or part of amounts in the 
Funds on approval by the Secretary of a 
tribal management plan as described in the 
American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(ii) REQUIREMENTS.—In addition to 
the requirements under the American 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 ac-
cordance 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 manage-
ment plan under this subparagraph to en-
sure that any amounts withdrawn from the 
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Funds under the plan are used in accord-
ance with this Act and the Agreement. 
(iv) LIABILITY.—If the Tribe exercises 
the right to withdraw amounts from the 
Funds, neither the Secretary nor the Sec-
retary of the Treasury shall retain any li-
ability for the expenditure or investment of 
the amounts. 
(B) EXPENDITURE PLAN.— 
(i) IN GENERAL.—The Tribe shall sub-
mit 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. 
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(iv) ANNUAL REPORT.—For each of the 
Funds, the Tribe shall submit to the Sec-
retary an annual report that describes all 
expenditures from the Fund during the year 
covered by the report. 
(C) CERTAIN
PER
CAPITA
DISTRIBUTIONS 
PROHIBITED.—No amount in the Funds shall be 
distributed to any member of the Tribe on a per 
capita basis. 
(c) COST INDEXING.—All amounts authorized to be ap-
propriated under subsections (a) and (b) shall be adjusted 
as may be required to reflect the changes since October 1, 
2007, in the construction cost indices applicable to the types 
of construction involved in the construction of the WMAT 
rural water supply system, the maintenance of the rural 
water supply system, and the construction or rehabilitation 
of the other development projects authorized under sub-
section (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 Safe-
ty and Health established by section 601(a) of the 
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Tom Lantos and Henry J. Hyde United States Glob-
al Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (22 U.S.C. 7601 
et seq.). 
(2) INITIAL TRANSFER.—Not later than 90 days 
after the date of enactment of this Act, such amounts 
as are available, but not to exceed $50,000,000, in the 
Emergency Fund for Indian Safety and Health shall 
be transferred to the White Mountain Apache Tribe 
Water Rights Settlement Subaccount. 
(3) SUBSEQUENT
TRANSFER.—Effective begin-
ning on January 1, 2012, if the Secretary determines 
that, on an annual basis, the deadline described in 
section 9(d)(2) is not likely to be met because the 
amount authorized by subsection (a) has not been ap-
propriated and deposited in the White Mountain 
Apache Tribe Water Rights Settlement Subaccount, 
not more than $50,000,000 of the amounts in the 
Emergency Fund for Indian Safety and Health shall 
be transferred to the White Mountain Apache Tribe 
Water Rights Settlement Subaccount, as necessary to 
complete the WMAT rural water system project. 
(4) LIMITATION.—The total amount transferred 
from the Emergency Fund for Indian Safety and 
Health to the White Mountain Apache Tribe Water 
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Rights Settlement Subaccount under paragraphs (2) 
and (3) shall not exceed $100,000,000. 
(e) OPERATION, MAINTENANCE, AND REPLACEMENT.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary $2,500,000 for the oper-
ation, 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 Jan-
uary 1, 2021, the Tribe or the Secretary, as applica-
ble, may use amounts deposited in the WMAT Main-
tenance 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 Sec-
retary 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 ap-
propriated such sums as are necessary, but not to exceed 
an additional $25,000,000, to complete the WMAT rural 
water system, to be derived by transfer from the amounts 
authorized to be appropriated to the Secretary for deposit 
in the WMAT Settlement Fund under subsection (b)(2)(B) 
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in such amounts as the Secretary, in concurrence with the 
Tribe, determines to be appropriate. 
(g) CONDITIONS.—The amounts authorized to be ap-
propriated to the Secretary for deposit in the WMAT Main-
tenance Fund, together with any interest accrued thereon, 
under subsection (b)(3), and any interest accruing on the 
WMAT Settlement Fund under subsection (b)(2), shall not 
be available for expenditure or withdrawal until the later 
of— 
(1) December 31, 2020; and 
(2) the date on which the Secretary determines 
that the conditions described in section 9(d) have been 
met. 
SEC. 13. ANTIDEFICIENCY. 
The United States shall not be liable for failure to 
carry out any obligation or activity authorized to be carried 
out, subject to appropriations, under this Act (including 
any such obligation or activity under the Agreement) if ade-
quate appropriations for that purpose are not provided by 
Congress. 
SEC. 14. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary fails to publish in the Federal Register 
a statement of findings as required under section 9(d) by 
not later than October 31, 2015— 
(1) effective beginning on November 1, 2015— 
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(A) this Act is repealed; and 
(B) any action carried out by the Secretary, 
and any contract entered into, pursuant to this 
Act shall be void; 
(2) any amounts appropriated under subsections 
(a), (b), (d), and (e) of section 12, together with any 
interest accrued on those amounts, shall immediately 
revert to the general fund of the Treasury; and 
(3) any other amounts deposited in the White 
Mountain Apache Tribe Water Settlement Subaccount 
(including any amounts paid by the State in accord-
ance with the Agreement), together with any interest 
accrued on those amounts, shall immediately be re-
turned 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). 
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