(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- 
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 of this Act; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
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(e) TREATMENT OF TRIBAL WATER RIGHTS.—The 
tribal water rights— 
(1) shall be held in trust by the United States 
in perpetuity; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(f) SECRETARIAL POWER SITES.—The portions of 
the following named secretarial power site reserves that 
are located on the reservation shall be transferred and re-
stored into the name of the Tribe: 
(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.). 
(g) NO EFFECT ON FUTURE ALLOCATIONS.—Water 
received under a lease or exchange of tribal CAP water 
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under this Act shall not affect any future allocation or 
reallocation of CAP water by the Secretary. 
(h) AFTER-ACQUIRED TRUST LANDS.— 
(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 
(ii) off-reservation trust land acquired 
prior to January 1, 2008. 
(2) WATER RIGHTS.— 
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(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 11(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 
result of resolution of a boundary dispute be-
tween the Tribe and the United States, shall be 
deemed to be part of the reservation. 
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SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 
(a) RURAL WATER SYSTEM.— 
(1) PLANNING, ENGINEERING, DESIGN, AND 
CONSTRUCTION.— 
(A) IN GENERAL.—There is authorized to 
be appropriated for the planning, engineering, 
design, and construction of the WMAT rural 
water system $126,193,000, as adjusted in ac-
cordance with subparagraph (B), less— 
(i) the amount of funding applied to-
ward the planning, engineering, design, 
and construction of the WMAT rural water 
system under section 13; and 
(ii) the funds to be provided under 
subparagraph 13.3 of the Agreement. 
(B) ADJUSTMENTS
AND
INCLUSIONS.— 
The amount authorized to be appropriated 
under subparagraph (A) shall— 
(i) be adjusted as may be required 
due to changes in construction costs of the 
rural water system, as indicated by engi-
neering cost indices applicable to the types 
of planning, engineering, design, and con-
struction occurring after October 1, 2007; 
and 
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(ii) include such sums as are nec-
essary for the Bureau to carry out over-
sight of activities for planning, design, and 
construction of the rural water system. 
(2) ENVIRONMENTAL COMPLIANCE.—There are 
authorized to be appropriated to the Secretary such 
sums as are necessary to carry out all required Fed-
eral environmental compliance activities associated 
with the planning, engineering, design, and construc-
tion of the rural water system. 
(b) RURAL WATER SYSTEM OM&R.—There is au-
thorized to be appropriated $50,000,000 for the operation, 
maintenance, and replacement costs of the rural water 
system. 
(c) REHABILITATION OF RECREATION FACILITIES, 
NATIONAL FISH HATCHERIES, AND EXISTING IRRIGA-
TION SYSTEMS.—There are authorized to be appropriated, 
for use in accordance with section 8— 
(1) $23,675,000 to complete the Hawley Lake, 
Horseshoe Lake, Reservation Lake, Sunrise Lake, 
and Big and Little Bear Lake reconstruction 
projects and facilities improvements; 
(2) $7,472,000 to the United States Fish and 
Wildlife Service for the rehabilitation and improve-
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snow-making infrastructure, repairs, and expansion at 
Sunrise Ski Park in accordance with section 8. 
(f) RECREATION IMPOUNDMENTS AND RELATED FA-
CILITIES.—There is authorized to be appropriated 
$25,000,000 to carry out section 10. 
(g) ENVIRONMENTAL COMPLIANCE.—There are au-
thorized to be appropriated to the Secretary such sums 
as are necessary to carry out all required environmental 
compliance activities associated with the Agreement and 
this Act. 
(h) COST INDEXING.—The amounts authorized to be 
appropriated under this section shall be adjusted as appro-
priate, based on ordinary fluctuations in engineering cost 
indices applicable for the relevant types of construction, 
if any, during the period beginning on October 1, 2007, 
and ending on the date on which the amounts are made 
available. 
(i) EMERGENCY FUND FOR INDIAN SAFETY AND 
HEALTH.—Effective beginning on January 1, 2010, if the 
Secretary determines that, on an annual basis, the dead-
line described in section 12(c)(2) is not likely to be met 
because the funds authorized in sections 13 and 16(a) 
have not been appropriated and deposited in the Rural 
Water System Construction Fund, not more than 
$100,000,000 of the amounts in the Emergency Fund for 
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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.) shall be transferred to the Rural Water System Con-
struction Fund, as necessary to complete the WMAT rural 
water system project. 
SEC. 17. 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. 18. 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 
12(c) by not later than October 31, 2013— 
(1) effective beginning on November 1, 2013— 
(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; 
(2) any amounts appropriated under sections 
13 and subsections (a) and (b) of section 16, to-
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gether with any interest accrued on those amounts, 
shall immediately revert to the general fund of the 
Treasury; and 
(3) 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 State. 
SEC. 19. 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). 
Æ 
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