(6) in keeping with the trust responsibility of 
the United States to Indian tribes, and to promote 
tribal sovereignty and economic self-sufficiency, it is 
appropriate that the United States implement the 
Agreement. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to authorize, ratify, and confirm the Agree-
ment; 
(2) to authorize and direct the Secretary to exe-
cute the Agreement and carry out all obligations of 
the Secretary under the Agreement; 
(3) to authorize the actions and appropriations 
necessary for the United States to meet the obliga-
tions of the United States under the Agreement and 
this Act; and 
(4) to permanently resolve certain damage 
claims and all water rights claims among— 
(A) the Tribe and its members; 
(B) the United States in its capacity as 
trustee for the Tribe and its members; 
(C) the parties to the Agreement; and 
(D) all other claimants in the proceedings 
referred to in subsection (a)(1). 
SEC. 3. DEFINITIONS. 
In this Act:
(1) AGREEMENT.—The ‘‘Agreement’’ means— 
(A) the WMAT Water Rights Quantifica-
tion Agreement dated January 13, 2009; and 
(B) any amendment or exhibit (including 
exhibit amendments) to that agreement that 
are— 
(i) made in accordance with this Act; 
or 
(ii) otherwise approved by the Sec-
retary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) CAP.—The term ‘‘CAP’’ means the rec-
lamation project authorized and constructed by the 
United States in accordance with title III of the Col-
orado River Basin Project Act (43 U.S.C. 1521 et 
seq.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means an individual or entity that has en-
tered into a long-term contract (as that term is used 
in the repayment stipulation) with the United States 
for delivery of water through the CAP system. 
(5) CAP FIXED
OM&R
CHARGE.—The term 
‘‘CAP fixed OM&R charge’’ has the meaning given 
the term in the repayment stipulation.
(6) CAP M&I
PRIORITY
WATER.—The term 
‘‘CAP M&I priority water’’ means the CAP water 
having a municipal and industrial delivery priority 
under the repayment contract. 
(7) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means an individual or entity that 
has entered into a long-term subcontract (as that 
term is used in the repayment stipulation) with the 
United States and the District for the delivery of 
water through the CAP system. 
(8) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
works of a feature described in any of subpara-
graphs (A) through (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in any of sub-
paragraphs (A) through (E). 
(9) CAP WATER.—The term ‘‘CAP water’’ 
means ‘‘Project Water’’ (as that term is defined in 
the repayment stipulation).
(10) 
CONTRACT.—The 
term 
‘‘Contract’’ 
means— 
(A) the proposed contract between the 
Tribe and the United States attached as exhibit 
7.1 to the Agreement and numbered 08–XX– 
30–W0529; and 
(B) any amendments to that contract. 
(11) DISTRICT.—The term ‘‘District’’ means 
the Central Arizona Water Conservation District, a 
political subdivision of the State that is the con-
tractor under the repayment contract. 
(12) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 9(d)(1). 
(13) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(14) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
nution of, or deprivation of, a water right under 
Federal, State, or other law. 
(B) INCLUSIONS.—The term ‘‘injury to 
water rights’’ includes—
(i) a change in the groundwater table; 
and 
(ii) any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
(15) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543). 
(16) OFF-RESERVATION
TRUST
LAND.—The 
term ‘‘off-reservation trust land’’ means land— 
(A) located outside the exterior boundaries 
of the reservation that is held in trust by the 
United States for the benefit of the Tribe as of 
the enforceability date; and 
(B) depicted on the map attached to the 
Agreement as exhibit 2.57. 
(17) OPERATING
AGENCY.—The term ‘‘Oper-
ating Agency’’ means the 1 or more entities author-
ized to assume responsibility for the care, operation, 
maintenance, and replacement of the CAP system. 
(18) REPAYMENT CONTRACT.—The term ‘‘re-
payment contract’’ means—
(A) the contract between the United States 
and the District for delivery of water and re-
payment of the costs of the CAP, numbered 
14–06–W–245 (Amendment No. 1), and dated 
December 1, 1988; and 
(B) any amendment to, or revision of, that 
contract. 
(19) REPAYMENT
STIPULATION.—The term 
‘‘repayment stipulation’’ means the stipulated judg-
ment and the stipulation for judgment (including 
any exhibits to those documents) entered on Novem-
ber 21, 2007, in the United States District Court 
for the District of Arizona in the consolidated civil 
action styled Central Arizona Water Conservation 
District v. United States, et al., and numbered CIV 
95–625–TUC–WDB (EHC) and CIV 95–1720– 
PHX–EHC. 
(20) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘reservation’’ 
means the land within the exterior boundary of 
the White Mountain Indian Reservation estab-
lished by the Executive order dated November 
9, 1871, as modified by subsequent Executive 
orders and Acts of Congress—
(i) known on the date of enactment of 
this Act as the ‘‘Fort Apache Reservation’’ 
pursuant to the Act of June 7, 1897 (30 
Stat. 62, chapter 3); and 
(ii) generally depicted on the map at-
tached to the Agreement as exhibit 2.81. 
(B) NO EFFECT ON DISPUTE OR AS ADMIS-
SION.—The depiction of the reservation de-
scribed in subparagraph (A)(ii) shall not— 
(i) be used to affect any dispute be-
tween the Tribe and the United States 
concerning the legal boundary of the res-
ervation; and 
(ii) constitute an admission by the 
Tribe with regard to any dispute between 
the Tribe and the United States con-
cerning the legal boundary of the reserva-
tion. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(22) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(23) TRIBAL
CAP
WATER.—The term ‘‘tribal 
CAP water’’ means the CAP water to which the 
Tribe is entitled pursuant to the Contract.
(24) TRIBAL WATER RIGHTS.—The term ‘‘tribal 
water rights’’ means the water rights of the Tribe 
described in paragraph 4.0 of the Agreement. 
(25) TRIBE.—The term ‘‘Tribe’’ means the 
White Mountain Apache Tribe organized under sec-
tion 16 of the Act of June 18, 1934 (commonly 
known as the ‘‘Indian Reorganization Act’’) (25 
U.S.C. 476). 
(26) WATER RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface 
water, or effluent under Federal, State, or other law. 
(27) WMAT 
RURAL
WATER
SYSTEM.—The 
term ‘‘WMAT rural water system’’ means the mu-
nicipal, rural, and industrial water diversion, stor-
age, and delivery system described in section 7. 
(28) YEAR.—The term ‘‘year’’ means a cal-
endar year. 
SEC. 4. APPROVAL OF AGREEMENT. 
(a) APPROVAL.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Agreement conflicts with a pro-
vision of this Act, the Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Agreement is authorized, ratified, and confirmed, to
the extent that such an amendment is executed to 
make the Agreement consistent with this Act. 
(b) EXECUTION OF AGREEMENT.—To the extent that 
the Agreement does not conflict with this Act, the Sec-
retary shall— 
(1) execute the Agreement (including signing 
any exhibit to the Agreement requiring the signature 
of the Secretary); and 
(2) execute any amendment to the Agreement 
necessary to make the Agreement consistent with 
this Act. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Agreement, the Secretary shall prompt-
ly comply with all applicable requirements of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION OF AGREEMENT.—
(A) IN GENERAL.—Execution of the Agree-
ment by the Secretary under this section shall 
not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(B) ENVIRONMENTAL COMPLIANCE.—The 
Secretary shall carry out all necessary environ-
mental compliance required by Federal law in 
implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as 
the lead agency with respect to ensuring environ-
mental compliance associated with the WMAT rural 
water system. 
SEC. 5. WATER RIGHTS. 
(a) 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. 
(b) REALLOCATION.— 
(1) IN GENERAL.—In accordance with this Act 
and the Agreement, the Secretary shall reallocate to 
the Tribe, and offer to enter into a contract with the
Tribe for the delivery in accordance with this section 
of— 
(A) an annual entitlement to 23,782 acre- 
feet per year of CAP water that has a non-In-
dian agricultural delivery priority (as defined in 
the Contract) in accordance with section 
104(a)(1)(A)(iii) of the Arizona Water Settle-
ments Act (Public Law 108–451; 118 Stat. 
3488), of which— 
(i) 3,750 acre-feet per year shall be 
firmed by the United States for the benefit 
of the Tribe for the 100-year period begin-
ning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in 
accordance with section 105(b)(1)(B) of 
that Act (118 Stat. 3492); and 
(ii) 3,750 acre-feet per year shall be 
firmed by the State for the benefit of the 
Tribe for the 100-year period beginning on 
January 1, 2008, with priority equivalent 
to CAP M&I priority water, in accordance 
with section 105(b)(2)(B) of that Act (118 
Stat. 3492); and 
(B) an annual entitlement to 1,218 acre- 
feet per year of the water—
(i) acquired by the Secretary through 
the permanent relinquishment of the 
Harquahala Valley Irrigation District CAP 
subcontract entitlement in accordance with 
the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Ir-
rigation District, and the United States; 
and 
(ii) converted to CAP Indian Priority 
water (as defined in the Contract) pursu-
ant to the Fort McDowell Indian Commu-
nity Water Rights Settlement Act of 1990 
(Public Law 101–628; 104 Stat. 4480). 
(2) AUTHORITY OF TRIBE.—Subject to approval 
by the Secretary under section 6(a)(1), the Tribe 
shall have the sole authority to lease, distribute, ex-
change, or allocate the tribal CAP water described 
in paragraph (1). 
(c) WATER SERVICE CAPITAL CHARGES.—The Tribe 
shall not be responsible for any water service capital 
charge for tribal CAP water. 
(d) ALLOCATION AND REPAYMENT.—For the pur-
pose of determining the allocation and repayment of costs 
of any stages of the CAP constructed after November 21, 
2007, the costs associated with the delivery of water de-
scribed in subsection (b), regardless of whether the water 
is delivered for use by the Tribe or in accordance with 
any assignment, exchange, lease, option to lease, or other 
agreement for the temporary disposition of water entered 
into by Tribe, shall be— 
(1) nonreimbursable; and 
(2) excluded from the repayment obligation of 
the District. 
(e) WATER CODE.—Not later than 18 months after 
the enforceability date, the Tribe shall enact a water code 
that— 
(1) governs the tribal water rights; and 
(2) includes, at a minimum— 
(A) provisions requiring the measurement, 
calculation, and recording of all diversions and 
depletions of water on the reservation and on 
off-reservation trust land; 
(B) terms of a water conservation plan, in-
cluding objectives, conservation measures, and 
an implementation timeline; 
(C) provisions requiring the approval of 
the Tribe for the severance and transfer of 
rights to the use of water from historically irri-
gated land identified in paragraph 11.3.2.1 of 
the Agreement to diversions and depletions on
other non-historically irrigated land not located 
on the watershed of the same water source; and 
(D) provisions requiring the authorization 
of the Tribe for all diversions of water on the 
reservation and on off-reservation trust land by 
any individual or entity other than the Tribe. 
SEC. 6. CONTRACT. 
(a) IN GENERAL.—The Secretary shall enter into the 
Contract, in accordance with the Agreement, to provide, 
among other things, that— 
(1) the Tribe, on approval of the Secretary, 
may— 
(A) enter into contracts or options to lease, 
contracts to exchange, or options to exchange 
tribal CAP water in Maricopa, Pinal, Pima, and 
Yavapai Counties in the State providing for the 
temporary delivery to any individual or entity of 
any portion of the tribal CAP water, subject to 
the condition that— 
(i) the term of the contract or option 
to lease shall not be longer than 100 years; 
(ii) the contracts or options to ex-
change shall be for the term provided in 
the contract or option; and
(iii) a lease or option to lease pro-
viding for the temporary delivery of tribal 
CAP water shall require the lessee to pay 
to the Operating Agency all CAP fixed 
OM&R charges and all CAP pumping en-
ergy charges (as defined in the repayment 
stipulation) associated with the leased 
water; and 
(B) renegotiate any lease at any time dur-
ing the term of the lease, subject to the condi-
tion that the term of the renegotiated lease 
shall not exceed 100 years; 
(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; 
(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-
(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-
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. 
SEC. 7. AUTHORIZATION OF 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 
(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.— 
(1) IN GENERAL.—Title to the WMAT rural 
water system shall be held in trust by the United 
States in its capacity as trustee for the Tribe. 
(2) CONVEYANCE
TO
TRIBE.—The Secretary 
may convey to the Tribe title to the WMAT rural 
water system after publication by the Secretary in 
the Federal Register of a statement of findings 
that— 
(A) the designers’ operating criteria, 
standing operating procedures, emergency ac-
tion plan, and first filling and monitoring cri-
teria are established and in place, and the 
WMAT rural water system has been declared 
substantially complete; 
(B) the funds authorized to be appro-
priated under section 12(b)(3)(B) have been ap-
propriated and deposited in the WMAT Mainte-
nance Fund; and 
(C) the Tribe has been operating success-
fully under the established standing operating 
procedures for a period of 5 calendar years. 
(3) ALIENATION AND TAXATION.—Conveyance 
of title to the Tribe pursuant to paragraph (2) does 
not waive or alter any applicable Federal law prohib-
iting alienation or taxation of the WMAT rural 
water system or the underlying reservation land. 
(f) TECHNICAL ASSISTANCE.—The Secretary shall 
provide such technical assistance as is necessary to enable 
the Tribe to plan, design, construct, operate, maintain, 
and replace the WMAT rural water system, including op-
eration and management training. 
(g) APPLICABILITY OF ISDEAA.— 
(1) AGREEMENT FOR SPECIFIC ACTIVITIES.— 
On receipt of a request of the Tribe, and in accord-
ance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), the 
Secretary shall enter into an agreement with the 
Tribe to carry out the activities authorized by this 
section. 
(2) CONTRACTS.—Any contract entered into 
pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) for the 
purpose of carrying out any provision of this Act 
shall incorporate such provisions regarding periodic 
payment of funds, timing for use of funds, trans-
parency, oversight, reporting, and accountability as 
the Secretary determines to be necessary (at the sole 
discretion of the Secretary) to ensure appropriate 
stewardship of Federal funds. 
(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. 
(i) OPERATION AND MAINTENANCE.—Subject to the 
availability of appropriations as provided for in section 
12(e), the Secretary, acting through the Bureau, shall op-
erate and maintain the WMAT rural water system until 
the date on which title to the WMAT rural water system 
is conveyed to the Tribe pursuant to subsection (e)(2). 
SEC. 8. 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 land out-
side of the reservation, if and when such land is subse-
quently 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 land within the reservation put into 
trust and made part of the reservation, shall be subject 
to the maximum annual diversion amounts and the max-
imum annual depletion amounts specified in the Agree-
ment. 
(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
OTH-
ERS.—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 perform-
ance 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, enti-
ty, corporation, or municipal corporation under Fed-
eral, 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 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 aris-
ing out of or relating in any manner to the ne-
gotiation, execution, or adoption of the Agree-
ment, an applicable settlement judgement or de-
cree, or this Act. 
(2) CLAIMS AGAINST TRIBE.—Except as pro-
vided in subsection (b)(3), 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 Agreement, is authorized to 
execute a waiver and release of any and all claims 
against the Tribe, its members, or any agency, offi-
cial, or employee 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-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, execution, or adoption of the Agree-
ment, an applicable settlement judgement or de-
cree, 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 
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 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or water rights, claims relating to inter-
ference with, diversion, or taking of water, or 
claims relating to failure to protect, acquire, or 
develop water, water rights, or water infrastruc-
ture) 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 
aboriginal 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 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 water rights of the Tribe for the reserva-
tion 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 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 de-
posit 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 ripar-
ian and other vegetative manipulation by the 
United States for the purpose of increasing 
water runoff from the reservation that first ac-
crued 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. 
(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 
members of the Tribe, shall retain any right—
(i) subject to subparagraph 16.9 of 
the Agreement, to assert claims for inju-
ries 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 juris-
diction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
tered by the court in the Gila River adju-
dication proceedings; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
tered by the court in the Little Colorado 
River adjudication proceedings; 
(iv) to object to any claims by or for 
any other Indian tribe, Indian community 
or nation, or dependent Indian community, 
or the United States on behalf of such a 
tribe, community, or nation; 
(v) to participate in the Gila River ad-
judication proceedings and the Little Colo-
rado River adjudication proceedings to the
extent provided in subparagraph 14.1 of 
the Agreement; 
(vi) to assert any claims arising after 
the enforceability date for injury to water 
rights not specifically waived under this 
section; 
(vii) to assert any past, present, or fu-
ture claim for injury to water rights 
against any other Indian tribe, Indian 
community or nation, dependent Indian 
community, allottee, or the United States 
on behalf of such a tribe, community, na-
tion, or allottee; and 
(viii) to assert any past, present, or 
future claim for trespass, use, and occu-
pancy of the reservation in, on, or along 
the 
Black 
River 
against 
Freeport- 
McMoRan Copper & Gold, Inc., Phelps 
Dodge Corporation, or Phelps Dodge 
Morenci, Inc. (or a predecessor or suc-
cessor of those entities), including all sub-
sidiaries and affiliates of those entities. 
(B) AGREEMENT.—On terms acceptable to 
the Tribe and the United States, the Tribe and 
the United States are authorized to enter into
an agreement with Freeport-McMoRan Copper 
& Gold, Inc., Phelps Dodge Corporation, or 
Phelps Dodge Morenci, Inc. (or a predecessor 
or successor of those entities), including all sub-
sidiaries and affiliates of those entities, to re-
solve the claims of the Tribe relating to the 
trespass, use, and occupancy of the reservation 
in, on, and along the Black River. 
(2) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AGAINST UNITED STATES.— 
Notwithstanding the waiver and release of claims 
authorized under subsection (a)(3), the Tribe, on be-
half of itself and the members of the Tribe, shall re-
tain any right— 
(A) 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 under the Agreement or this Act, in 
any Federal or State court of competent juris-
diction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
members under the judgment and decree en-
tered by the court in the Gila River adjudica-
tion proceedings;
(C) to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
members under the judgment and decree en-
tered by the court in the Little Colorado River 
adjudication proceedings; 
(D) to object to any claims by or for any 
other Indian tribe, Indian community or nation, 
dependent Indian community, or the United 
States on behalf of such a tribe, community, or 
nation; 
(E) to assert past, present, or future 
claims for injury to water rights or any other 
claims other than a claim to water rights, 
against any other Indian tribe, Indian commu-
nity or nation, dependent Indian community, or 
the United States on behalf of such a tribe, 
community, or nation; 
(F) to assert claims arising after the en-
forceability date for injury to water rights re-
sulting from the drilling of wells or pumping of 
water from land located within national forest 
land as of the effective date of the Agreement 
in the south 1⁄2 of T. 9 N., R. 24 E.; south 1⁄2 
of T. 9 N., R. 25 E.; north 1⁄2 of T. 8 N., R. 
24 E.; north 1⁄2 of T. 8 N., R. 25 E., if—
(i) title to that land is no longer re-
tained by the United States; or 
(ii) water from that land is trans-
ported off the land for municipal or indus-
trial use; 
(G) to assert any claims arising after the 
enforceability date for injury to water rights not 
specifically waived under this section; 
(H) to assert any other claims not specifi-
cally waived under this section; and 
(I) to assert any claim arising after the en-
forceability date for a future taking by the 
United States of reservation land, off-reserva-
tion trust land, or any property rights appur-
tenant 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 
subsection (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.— 
Except as otherwise specifically provided in subparagraphs 
(E) and (F) of subsection (a)(3), the waivers and releases
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 April 30, 2020, this section 
does not become effective, the Tribe and its mem-
bers, and the United States, acting in the capacity 
of trustee for the Tribe and its members, shall re-
tain the right to assert past, present, and future 
water rights claims and claims for injury to water 
rights for the reservation 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 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-
(1) object to the usage of any well located out-
side the boundaries of the reservation or the off-res-
ervation trust land, as in existence on the enforce-
ability 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— 
(1) the amounts made available under sub-
section (e); 
(2) the amounts appropriated to the subaccount 
pursuant to subsections (a) and (d) of section 12, as 
applicable; and 
(3) 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 Sub-
account 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 Settle-
ment Subaccount only for the planning, design, 
and construction of the rural water system, in-
cluding such sums as are necessary— 
(i) for the Bureau to carry out over-
sight of the planning, design, and con-
struction of the rural water system; 
(ii) to repay any outstanding balance 
on the loan authorized by the White Moun-
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 pur-
sue such judicial remedies and carry out such ad-
ministrative actions as are necessary to enforce an 
agreement described in paragraph (1) to ensure that 
amounts in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount are used in accord-
ance 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 liabil-
ity 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. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes 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 ac-
cruing on the principal, of the White Mountain Apache 
Tribe Water Rights Settlement Subaccount shall be dis-
tributed to any member of the Tribe on a per capita basis. 
(d) AVAILABILITY OF FUNDS.— 
(1) IN
GENERAL.—Amounts in the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount shall not be available for expenditure or 
withdrawal by the Tribe until the enforceability date. 
(2) INVESTMENT.—The Secretary shall invest 
the amounts in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount in accordance 
with section 403(f)(4) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(4)).
(3) USE OF INTEREST.—The interest accrued 
on amounts invested under paragraph (2) shall not 
be available for expenditure or withdrawal until the 
later of— 
(A) November 1, 2019; and 
(B) the enforceability date. 
(e) LOWER COLORADO RIVER BASIN DEVELOPMENT 
FUND.— 
(1) IN GENERAL.—Of amounts in the Lower 
Colorado River Basin Development Fund made 
available under section 403(f)(2)(D)(vi) of the Colo-
rado River Basin Project Act (43 U.S.C. 1543 
(f)(2)(D)(vi)), an amount equal to the difference be-
tween the balance of the White Mountain Apache 
Tribe Settlement Subaccount (as of November 1, 
2019), and the amount authorized to be appro-
priated under section 12(a)(1), but not to exceed 
$100,000,000, shall be deposited, without further 
appropriation, in the White Mountain Apache Tribe 
Settlement Subaccount. 
(2) AVAILABILITY OF FUNDS.—The funds au-
thorized to be deposited in the White Mountain 
Apache Tribe Settlement Subaccount pursuant to 
paragraph (1) shall not be available for expenditure 
or withdrawal until the later of—
(A) November 1, 2019; and 
(B) the enforceability date. 
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— 
(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
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 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 located on the Fort Apache Indian Reservation or the 
San Carlos Apache Reservation, as applicable, shall be 
transferred and restored into the name of the Tribe or 
the San Carlos Apache Tribe, respectively: 
(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 
received 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 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.— 
(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 
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— 
(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. 
(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 
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 
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.— 
(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 
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 
$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-
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 
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; 
(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: 
Clerk.
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.