of such funds authorized by section 16(c)(4) to 
the Tribe; 
(F) future claims relating to operation, 
maintenance, and replacement of the WMAT 
rural water system, which waiver shall only be-
come effective upon the full appropriation of 
funds authorized by section 16(b) and their de-
posit into the Rural Water System OM&R 
Fund; and 
(G) past, present, and future breach of 
trust and negligence claims for damage to the 
natural resources of the Tribe caused by ripar-
ian and other vegetative manipulation, includ-
ing over-cutting of forest resources by the 
United States for the purpose of increasing 
water runoff from the reservation. 
(4) NO WAIVER OF CLAIMS.—Nothing in this 
subsection waives any claim of the Tribe against the 
United States for future takings by the United 
States of reservation land or off-reservation trust 
land or property rights appurtenant to those lands, 
including any water rights set forth in paragraph 
4.0 of the Agreement. 
(b) EFFECTIVENESS OF WAIVER AND RELEASES.— 
Except where otherwise specifically provided in subpara-
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graphs (E) and (F) of subsection (a)(3), the waivers and 
releases under subsection (a) shall become effective on the 
enforceability date. 
(c) 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) to the extent the Agreement conflicts 
with this Act, the Agreement has been revised 
through an amendment to eliminate the conflict 
and the Agreement, so revised, has been exe-
cuted by the Secretary, the Tribe and the Gov-
ernor of the State; 
(B) the Secretary has fulfilled the require-
ments of sections 5 and 6; 
(C)(i) the funds authorized in sections 13 
and 16(a), have been appropriated and depos-
ited in the Rural Water System Construction 
Fund; and 
(ii) if applicable, the funds described in 
section 16(i) have been deposited in the Rural 
Water System Construction Fund; 
(D) the State funds described in subpara-
graph 13.3 of the Agreement have been depos-
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ited in the Rural Water System Construction 
Fund; 
(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. 
(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If, because of the failure of the enforce-
ability date to occur by October 31, 2013, this sec-
tion does not become effective, the Tribe and its 
members, and the United States, acting in the ca-
pacity of trustee for the Tribe and its members, 
shall retain the right to assert past, present, and fu-
ture water rights claims and claims for injury to 
water rights for the reservation and off-reservation 
trust land. 
(3) NO RIGHTS TO WATER.—Upon the occur-
rence of the enforceability date, all land held by the 
United States in trust for the Tribe and its members 
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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. 
(d) 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. 
SEC. 13. USE OF LOWER COLORADO RIVER BASIN DEVEL-
OPMENT FUND. 
(a) USE OF AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), up 
to $100,000,000 of amounts in the Lower Colorado 
River Basin Development Fund made available 
under section 403(f)(2)(D)(vi) of the Colorado River 
Basin Project Act (43 U.S.C. 1543(f)(2)(D)(vi)) 
may be used, without further appropriation, for the 
planning, engineering, design, and construction of 
the WMAT rural water system. 
(2) REQUIREMENT.—If a loan is made to the 
Tribe pursuant to the White Mountain Apache Tribe 
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Rural Water System Loan Authorization Act (Public 
Law 110–390; 122 Stat. 4191), the Tribe shall use 
such amounts made available under paragraph (1) 
as are necessary to repay that loan. 
(b) OFFSET.—To the extent necessary, the Secretary 
shall offset amounts expended pursuant to subsection (a) 
using such additional amounts as may be made available 
to the Secretary for the applicable fiscal year. 
SEC. 14. TRUST FUNDS. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States— 
(1) a fund to be known as the ‘‘Rural Water 
System Construction Fund’’, consisting of— 
(A) the funds made available under section 
13; 
(B) the amounts appropriated to the fund 
pursuant to subsections (a) and (i) of section 
16, as applicable; and 
(C) the funds provided in subparagraph 
13.3 of the Agreement; and 
(2) a fund to be known as the ‘‘Rural Water 
System OM&R Fund’’, consisting of amounts appro-
priated to the fund pursuant to section 16(b). 
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(b) MANAGEMENT.—The Secretary shall manage the 
Rural Water System Construction Fund and the Rural 
Water System OM&R Fund, including by— 
(1) making investments from the funds; and 
(2) distributing amounts from the funds to the 
Tribe, in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(c) INVESTMENT OF FUNDS.—The Secretary shall in-
vest amounts in the funds in accordance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(3) subsection (b); 
(4) the obligations of Federal corporations and 
Federal Government-sponsored entities the charter 
documents of which provide that the obligations of 
the entities are lawful investments for federally man-
aged funds, including— 
(A) the obligations of the United States 
Postal Service described in section 2005 of title 
39, United States Code; 
(B) bonds and other obligations of the 
Tennessee Valley Authority described in section 
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15d of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831n–4); 
(C) mortgages, obligations, and other secu-
rities of the Federal Home Loan Mortgage Cor-
poration described in section 303 of the Federal 
Home Loan Mortgage Corporation Act (12 
U.S.C. 1452); and 
(D) bonds, notes, and debentures of the 
Commodity Credit Corporation described in sec-
tion 4 of the Act of March 8, 1938 (15 U.S.C. 
713a–4); and 
(5) the obligations referred to in section 201 of 
the Social Security Act (42 U.S.C. 401). 
(d) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLANS.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of the Rural Water System 
Construction Fund or the Rural Water System 
OM&R Fund on approval by the Secretary of a 
tribal management plan under the American In-
dian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under that Act (25 U.S.C. 4001 
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et seq.), the tribal management plan shall re-
quire that the Tribe shall— 
(i) use amounts in the Rural Water 
System Construction Fund 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 
oversight of the planning, design, and 
construction of the rural water sys-
tem; and 
(II) to carry out all required en-
vironmental compliance activities asso-
ciated with the planning, design, and 
construction of the rural water sys-
tem; and 
(ii) use amounts in the Rural Water 
System OM&R Fund only for the oper-
ation, maintenance, and replacement costs 
associated with the delivery of water 
through 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 the 
tribal management plan to ensure that amounts in 
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the Rural Water System Construction Fund and the 
Rural Water System OM&R Fund are used in ac-
cordance with this section. 
(3) LIABILITY.—On withdrawal by the Tribe of 
amounts in the Rural Water System Construction 
Fund or the Rural Water System OM&R Fund, 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 
funds under this section that the Tribe does not 
withdraw pursuant to this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, the amounts remaining in 
the funds 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. 
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(5) ANNUAL REPORTS.—The Tribe shall submit 
to the Secretary an annual report that describes 
each expenditure from the Rural Water System Con-
struction Fund and the Rural Water System OM&R 
Fund during the year covered by the report. 
(e) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 
No amount of the principal, or the interest or income ac-
cruing on the principal, of the Rural Water System Con-
struction Fund or the Rural Water System OM&R Fund 
shall be distributed to any member of the Tribe on a per 
capita basis. 
(f) FUNDS NOT AVAILABLE UNTIL ENFORCEABILITY 
DATE.—Amounts in the Rural Water System Construc-
tion Fund and the Rural Water System OM&R Fund shall 
not be available for expenditure or withdrawal by the 
Tribe until the enforceability date. 
SEC. 15. 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 
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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 paragraph 
12.0 of the Agreement; 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 entitle-
ment to water of any Indian tribe, band, or community 
other than the Tribe. 
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ment of the Alchesay-Williams Creek National Fish 
Hatchery Complex; 
(3) $5,000,000 to the Bureau of Indian Affairs 
for the planning, design, and construction of the 
WMAT Fishery Center; and 
(4) for the rehabilitation of existing irrigation 
systems— 
(A) $950,000 for the Canyon Day irriga-
tion system; and 
(B) $4,000,000 for the Historic irrigation 
system. 
(d) FEASIBILITY STUDY OF NEEDED FOREST PROD-
UCTS IMPROVEMENTS.—There are authorized to be appro-
priated— 
(1) to the Bureau of Indian Affairs $1,000,000 
to conduct a feasibility study of the rehabilitation 
and improvement of forest products manufacturing 
and forest management on the reservation in accord-
ance with section 9; and 
(2) $24,000,000 to implement the recommenda-
tions developed under the study. 
(e) SUNRISE SKI PARK SNOW-MAKING INFRASTRUC-
TURE.—There 
is 
authorized 
to 
be 
appropriated 
$25,000,000 for the planning, design, and construction of 
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