[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5529 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5529

 To provide for adjustments to the Central Arizona Project in Arizona, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2000

   Mr. Hayworth (for himself, Mr. Stump, Mr. Kolbe, Mr. Pastor, Mr. 
   Salmon, and Mr. Shadegg) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for adjustments to the Central Arizona Project in Arizona, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Arizona Water 
Settlements Act of 2000''.
    (b) Table of Contents.--The table of contents of the Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Sec. 104. General provisions.
Sec. 105. Allocation of CAP water.
Sec. 106. Firming of CAP indian water.
Sec. 107. Acquisition of non-indian agricultural priority CAP water.
Sec. 108. Lower colorado river basin development fund.
 TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT OF 
                                  2000

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions. 
Sec. 204. Approval of the Gila River Indian Community Water Rights 
                            Settlement Agreement.
Sec. 205. Rights to water.
Sec. 206. Community water delivery contract amendments.
Sec. 207. Claims extinguishment: waivers and releases.
Sec. 208. Community trust funds.
Sec. 209. Community subsidence recovery trust account.
Sec. 210. Authorization of appropriations.
Sec. 211. After acquired trust lands.
Sec. 212. Miscellaneous provisions.
Sec. 213. Additional Upper Gila Valley issues.
     TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS

Sec. 301. Amendment to Southern Arizona Water Rights Settlement Act of 
                            1982.
    ``TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS

        ``Sec. 301. Short title.
        ``Sec. 302. Congressional findings.
        ``Sec. 303. Definitions.
        ``Sec. 304. Water delivery and construction obligations.
        ``Sec. 305. Deliveries under existing contract; alternative 
                            water supplies.
        ``Sec. 306. Additional water delivery.
        ``Sec. 307. Conditions on construction, water delivery, revenue 
                            sharing.
        ``Sec. 308. Water code; water management plan; storage 
                            projects; storage accounts; ground water.
        ``Sec. 309. Status of lands acquired in exchange for lands 
                            within the Gila Bend Indian Reservation.
        ``Sec. 310. Uses of water.
        ``Sec. 311. Expenditures from the trust fund of the Nation.
        ``Sec. 312. Cooperative fund; expenditures.
        ``Sec. 313. Contracting authority; environmental compliance; 
                            water quality; studies; arid lands 
                            assistance.
        ``Sec. 314. Authorization of appropriations.
        ``Sec. 315. Settlement of claims.
        ``Sec. 316. Nonreimbursable costs.
        ``Sec. 317. Effective date.''
 TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 2000

Sec. 401. Short title.
                TITLE V--ENFORCEMENT AND EFFECTIVE DATE

Sec. 501. Effective date of authorization of appropriations.
Sec. 502. Expiration of effective date.

        TITLE I--CENTRAL ARIZONA PROJECT ADJUSTMENT ACT OF 2000

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Central Arizona Project Adjustment 
Act of 2000''.

SEC. 102. FINDINGS.

    The Congress finds the following:
            (1) The Central Arizona Project, and the water that it 
        brings to Maricopa, Pinal and Pima Counties in Arizona, are 
        vital resources to Arizona's citizens.
            (2) An agreement on final allocations of Central Arizona 
        Project water among all interested stakeholders, including both 
        Federal and State interests, will provide important benefits to 
        the Federal Government, the State of Arizona, and all of 
        Arizona's citizens.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Acre-feet.--The term ``acre-feet'' means acre-feet per 
        year.
            (2) Arizona indian tribes.--The term ``Arizona Indian 
        Tribes'' means any Indian tribe, band, nation, or other 
        organized group or community that is recognized as eligible for 
        the special programs and services provided by the United States 
        to Indians because of their status as Indians that is located 
        in the State of Arizona.
            (3) Central arizona project.--The terms ``Central Arizona 
        Project'' and ``CAP'' mean the reclamation project authorized 
        and constructed by the United States pursuant to title III of 
        the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.).
            (4) CAP master repayment contract.--The term ``CAP Master 
        Repayment Contract'' means the Contract between the United 
        States and the Central Arizona Water Conservation District for 
        Delivery of Water and Repayment of Costs of the Central Arizona 
        Project, dated December 1, 1988 (Contract No. 14-06-W-245, 
        Amendment No. 1), and any amendment or revision thereof.
            (5) CAWCD.--The term ``CAWCD'' means the Central Arizona 
        Water Conservation District (a political subdivision of the 
        State of Arizona and a tax-levying public improvement district 
        organized under the laws of the State of Arizona), or its 
        successor, which is the contractor under a contract with the 
        United States, dated December 15, 1972, for the delivery of 
        water and repayment of costs of the Central Arizona Project.
            (6) Director.--The term ``Director'' means the Director of 
        the Arizona Department of Water Resources.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Stipulation.--The term ``Stipulation'' means the 
        Stipulation Regarding A Stay of Litigation, Resolution of 
        Issues During the Stay and for Ultimate Judgment Upon the 
        Satisfaction of Conditions as filed with the United States 
        District Court on May 3, 2000, in Central Arizona Water 
        Conservation District v. United States (No. CIV 95-625-TUC-WDB 
        (EHC), No. CIV 95-1720-PHX-EHC) (Consolidated Action)).

SEC. 104. GENERAL PROVISIONS.

    (a) General Rule of Construction.--Except with respect to the 
allocation of CAP water made in this title, nothing in this title shall 
be construed to supersede or otherwise affect any treaty, law, or 
agreement governing the use of water from the Colorado River or 
existing rights to use Colorado River water.
    (b) References.--Any references in this title to the Arizona 
Department of Water Resources or the CAWCD shall not be construed to 
limit the authority of the Governor of Arizona or the Arizona State 
legislature to designate the appropriate State official or agency for 
actions to be undertaken under this title.
    (c) Repeal.--Effective upon the entry of a final judgment in 
Central Arizona Water Conservation District v. United States (No. CIV 
95-625-TUC-WDB (EHC), No. CIV 95-1720-09-PHX-EHC) (Consolidated 
Action)), consistent with the Order entered in that action on May 9, 
2000, section 11(h) of the Salt River Pima-Maricopa Indian Community 
Water Rights Settlement Act of 1988 (Public Law 100-512) is repealed.
    (d) General Permissible Uses.--The Central Arizona Project may be 
used for the transport of non-project water for domestic, municipal, 
fish and wildlife, industrial, and other beneficial purposes, including 
any purpose authorized under the Central Arizona Project in accordance 
with the CAP Master Repayment Contract.
    (e) Repayment Obligation.--The Secretary is authorized to establish 
the repayment obligation for CAWCD as set forth in the Stipulation.

SEC. 105. ALLOCATION OF CAP WATER.

    (a) Non-Indian Agricultural Priority Water.--The Secretary shall 
reallocate and contract the 293,795 acre-feet of CAP non-Indian 
agricultural priority water acquired pursuant to section 107 in the 
following manner:
            (1) 197,500 acre-feet of such water shall, while retaining 
        its non-Indian agricultural priority, be allocated for use by 
        Arizona Indian Tribes, and with respect to such water the 
        Secretary shall allocate and contract--
                    (A) 102,000 acre-feet of such water to the Gila 
                River Indian Community;
                    (B) 28,200 acre-feet of such water to the Tohono 
                O'odham Nation; and
                    (C) the residual amount of 67,300 acre-feet of such 
                water to Arizona Indian Tribes subject to the 
                following:
                            (i) Such water shall be used to resolve 
                        Indian water claims, and may be allocated by 
                        the Secretary to Arizona Indian Tribes in 
                        fulfillment of future Indian water rights 
                        settlement agreements approved by an Act of 
                        Congress. In the absence of an Indian water 
                        rights settlement that is approved by an Act of 
                        Congress after the date of enactment of this 
                        Act, the Secretary shall not allocate any such 
                        water during the 15-year period beginning on 
                        the date of enactment of this Act. Any 
                        allocations made by the Secretary after such 
                        15-year period shall be accompanied by a 
                        certification that the Secretary is making the 
                        allocation in order to assist in the resolution 
                        of an Indian water right claim. Any such water 
                        allocated to an Arizona Indian Tribe pursuant 
                        to a water delivery contract with the Secretary 
                        under this clause shall be counted on an acre-
                        foot per acre-foot basis against any claim to 
                        water for that Tribe's reservation.
                            (ii) Any water allocated to any Arizona 
                        Indian Tribe pursuant to this subparagraph 
                        shall not, in the absence of Congressional 
                        authorization, be leased, exchanged, forborne, 
                        or otherwise transferred in any way by the 
                        Tribe for use directly or indirectly off the 
                        Tribe's reservation or outside of the State of 
                        Arizona.
                            (iii) None of the water allocated to any 
                        Arizona Indian Tribe pursuant to this section 
                        shall be leased, exchanged, or otherwise 
                        transferred in any way for use directly or 
                        indirectly outside of the State of Arizona.
            (2) 96,295 acre-feet of such water shall be allocated to 
        the Arizona Department of Water Resources to be held under 
        contract in trust for future allocation. Such water shall 
        retain its non-Indian agricultural priority and shall be 
        subject to the provisions of the escrow agreement ratified and 
        confirmed under section 407(a), including certain rights 
        provided to Pinal County water users under such agreement. The 
        Secretary shall execute appropriate documentation, including 
        allocation decisions and a trust contract, to memorialize the 
        allocation of such water under this paragraph. Such contract 
        shall not authorize the direct use of water by the Arizona 
        Department of Water Resources. With respect to the water 
        allocated under this paragraph, the following shall apply:
                    (A) The Secretary shall not re-allocate any water 
                allocated under this paragraph unless the Director of 
                the Arizona Department of Water Resources first makes a 
                recommendation for such an allocation. Upon such 
                recommendation, the Secretary shall implement such 
                recommendation, pursuant to applicable Federal law. The 
                Secretary shall commence all necessary reviews of the 
                proposed allocation under applicable Federal law, and 
                pursue that review until completion.
                    (B) In the event that any recommendation made 
                pursuant to subparagraph (A) is rejected, the Secretary 
                shall immediately upon such rejection request a revised 
                recommendation from the Director of the Arizona 
                Department of Water Resources and shall re-commence all 
                necessary reviews of the proposed allocation under 
                applicable Federal law.
    (b) Uncontracted CAP Municipal and Industrial Priority Water.--
            (1) In general.--The Secretary shall reallocate and 
        contract 65,647 acre-feet of, as of the date of enactment of 
        this Act, uncontracted CAP municipal and industrial priority 
        water in the following manner:
                    (A) 285 acre-feet of such water shall be allocated 
                to the Town of Superior, Arizona.
                    (B) 806 acre-feet of such water shall be allocated 
                to the Cave Creek Water Company.
                    (C) 1,931 acre-feet of such water shall be 
                allocated to the Chaparral Water Company.
                    (D) 508 acre-feet of such water shall be allocated 
                to the Town of El Mirage, Arizona.
                    (E) 7,211 acre-feet of such water shall be 
                allocated to the City of Goodyear, Arizona.
                    (F) 147 acre-feet of such water shall be allocated 
                to the H2O Water Company.
                    (G) 7,115 acre-feet of such water shall be 
                allocated to the City of Mesa, Arizona.
                    (H) 5,527 acre-feet of such water shall be 
                allocated to the City of Peoria, Arizona.
                    (I) 2,981 acre-feet of such water shall be 
                allocated to the City of Scottsdale, Arizona.
                    (J) 808 acre-feet of such water shall be allocated 
                to the AVRA Cooperative.
                    (K) 4,986 acre-feet of such water shall be 
                allocated to the City of Chandler, Arizona.
                    (L) 1,071 acre-feet of such water shall be 
                allocated to the Del Lago (Vail) Water Company.
                    (M) 3,053 acre-feet of such water shall be 
                allocated to the City of Glendale, Arizona.
                    (N) 1,521 acre-feet of such water shall be 
                allocated to the Community Water Company of Green 
                Valley, Arizona.
                    (O) 4,602 acre-feet of such water shall be 
                allocated to the Metropolitan Domestic Water 
                Improvement District.
                    (P) 3,557 acre-feet of such water shall be 
                allocated to the Town of Oro Valley, Arizona.
                    (Q) 8,206 acre-feet of such water shall be 
                allocated to the City of Phoenix, Arizona.
                    (R) 2,876 acre-feet of such water shall be 
                allocated to the City of Surprise, Arizona.
                    (S) 8,206 acre-feet of such water shall be 
                allocated to the City of Tucson, Arizona.
                    (T) 250 acre-feet of such water shall be allocated 
                to the Valley Utilities Water Company.
            (2) Documentation.--The Secretary shall execute appropriate 
        documentation, including allocation decisions and water 
        delivery contracts, to memorialize the allocation of water 
        under paragraph (1) to the individual municipal and industrial 
        users immediately following the date of enactment of this title 
        and upon the satisfaction of all applicable provisions of 
        Federal law, including environmental reviews required under 
        applicable Federal law.
            (3) Recommendations.--In the event that any of the 
        recommendations of the Director of the Arizona Department of 
        Water Resources for specific allocations set forth in paragraph 
        is rejected by the Secretary, the Secretary shall proceed with 
        all other allocations and contracts, and immediately request a 
        revised recommendation from the Director for the specific 
        allocation rejected. Upon receipt of such a request, the 
        Secretary shall re-commence all necessary reviews of the 
        proposed allocation under applicable Federal law.
            (4) Shortage sharing priority.--Shortage sharing priority 
        of CAP municipal and industrial priority water allocations 
        under this subsection shall be as established in paragraph 8.5 
        of the Agreement referred to in title II.
    (c) Total Amounts Allocated.--
            (1) Federal use.--After the allocations have been made 
        under subsections (a) and (b), the remaining amount of CAP 
        water shall be available to be allocated to Arizona Indian 
        Tribes, or to the Secretary for use in future Indian water 
        rights settlements. Such amount shall, for purposes of 
        paragraph (2) by designated as ``[x]'' acre feet.
            (2) Non-federal use.--The amount of CAP water available for 
        long-term contracts to municipal and industrial entities, the 
        Arizona Department of Water Resources, and non-Indian 
        agricultural users under subsections (a) and (b) shall be equal 
        to 1.415 less [x] acre-feet, which shall be the total amount 
        available for non-Federal use.
            (3) Limitation.--The allocations under this section shall 
        preclude the transfer of CAP water from a non-Federal use to a 
        Federal use, but shall not prohibit the transfer of CAP water 
        from one non-Federal user to another non-Federal user.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to prohibit the leasing of CAP water pursuant to 
        an Indian water rights settlement from an Arizona Indian Tribe 
        to a non-Federal user. Any such transfer shall be subject to 
        the approval of the Secretary who shall consult with the 
        Director of the Arizona Department of Water Resources.
            (5) Consultation.--The requirement for consultation with 
        the Director under paragraph (4) shall not apply to any 
        transfer by Arizona Indian Tribes. An exchange of CAP water is 
        not a transfer within the meaning of this subsection.
    (d) Long-Term Contracts.--The total amount of water from the CAP 
that shall be available for long-term contracts with the Secretary 
shall not exceed 1,415,000 acre-feet in the State of Arizona.
    (e) Amendments by Secretary.--Notwithstanding the limitations of 
section 6 of the Act of August 4, 1939 (commonly known as the 
Reclamation Project Act of 1939 (43 U.S.C. 485e)) and subsections 
(b)(2) and (b)(3) of section 304 of the Colorado River Basin Project 
Act (43 U.S.C. 1524(b)(2) and (3)), the Secretary shall offer 
amendments to all CAP municipal and industrial subcontracts--
            (1) to provide that such subcontract be for permanent 
        service (as such term is used in section 5 of the Boulder 
        Canyon Project Act of 1928 (43 U.S.C. 617d)), with a delivery 
        term of 100 years;
            (2) to conform to the shortage sharing criteria set forth 
        in paragraph 8.5 of the Agreement referred to in title II; and
            (3) to delete the provisions of such subcontracts that 
        require that any CAP water received by a city in exchange for 
        effluent shall be deducted from that city's CAP contractual 
        entitlement.
All remaining terms of such municipal and industrial subcontracts shall 
remain unchanged.

SEC. 106. FIRMING OF CAP INDIAN WATER.

    (a) Firming Program.--The Secretary and the State of Arizona shall 
develop a firming program to ensure that 60,648 acre-feet of the 
197,500 acre-feet of non-Indian agricultural priority water to be 
allocated by the Secretary to Arizona Indian Tribes under section 
105(a)(1), will be delivered in times of shortage as if such water were 
municipal and industrial priority water within the CAP system. Such 
firming program shall remain in effect for the 100-year period 
beginning on the date of enactment of this Act.
    (b) Levels of Cooperation.--
            (1) In general.--The Secretary and the State of Arizona may 
        enter into an agreement to--
                    (A) cooperate in implementing the firming program 
                under subsection (a); or
                    (B) separately fulfill the obligations of each 
                respective official under the such program.
            (2) Assigned responsibilities.--Notwithstanding an 
        agreement under paragraph (1), the following shall apply with 
        respect to the responsibility of the Secretary and the State of 
        Arizona certain costs and firming burdens:
                    (A) The Secretary shall be responsible for firming 
                the 28,200 acre-feet of non-Indian agricultural 
                priority water allocated to the Tohono O'odham Nation 
                under section 105.
                    (B) The State of Arizona shall be responsible for 
                firming 15,000 acre-feet of the 102,000 acre-feet of 
                non-Indian agricultural priority water allocated to the 
                Gila River Indian Community under section 105.
                    (C) The Secretary shall be responsible for firming 
                8,724 acre-feet of the 67,300 acre-feet of non-Indian 
                agricultural priority water retained by the Secretary 
                under section 105 for allocation to Arizona Indian 
                Tribes.
                    (D) The State of Arizona shall be responsible for 
                firming 8,724 acre-feet of the 67,300 acre-feet of non-
                Indian agricultural priority water retained by the 
                Secretary under section 105 for allocation to Arizona 
                Indian Tribes.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated, such sums as may be necessary to enable the Secretary to 
comply with the obligations imposed under this section.

SEC. 107. ACQUISITION OF NON-INDIAN AGRICULTURAL PRIORITY CAP WATER.

    (a) Ratification of Agreement.--The agreement entitled ``Escrow 
Agreement for the Acquisition and Allocation of Central Arizona Water'' 
and executed by the Secretary on ______________ is hereby ratified and 
confirmed.
    (b) Debt.--In accordance with the terms of the agreement described 
in subsection (a), the portion of the debt incurred under section 9(d) 
of the Act of August 4, 1939 (commonly known as the Reclamation Project 
Act of 1939 (43 U.S.C. 485h)), and identified in that Agreement to be 
declared non-repayable to the United States, is hereby declared to be 
non-repayable to the United States in an amount not to exceed 
$73,561,337.
    (c) Nonapplication of Provisions.--All lands within the Gila River 
Indian Reservation, Salt River Project Agricultural Improvement and 
Power District, Roosevelt Water Conservation District, San Carlos 
Irrigation and Drainage District, Maricopa Stanfield Irrigation & 
Drainage District, Roosevelt Irrigation District, Central Arizona 
Irrigation and Drainage District, Maricopa Water District, Hohokam 
Irrigation and Drainage District, New Magma Irrigation and Drainage 
District, Queen Creek Irrigation District, San Tan Irrigation District 
and Chandler Heights Citrus Irrigation District, and any other such 
lands as may become part of such districts or Reservation after the 
date of enactment of this Act, shall be free from the ownership and 
full cost pricing limitations of Federal reclamation law and from all 
full cost pricing provisions of Federal law.
    (d) Disclaimer.--No person, entity, or land shall become subject to 
the provisions of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa 
et seq.), or any full cost pricing provision of Federal law, by virtue 
of the participation of such person, entity, or land in the settlement, 
or the execution and performance of the Agreement or the use, storage, 
or delivery of CAP water pursuant to a lease, sublease, or exchange of 
water to which Arizona Indian Tribes are entitled under this Act.

SEC. 108. LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.

    (a) In General.--Section 403(f) of the Colorado River Basin Project 
Act (43 U.S.C. 1543(f)) is amended to read as follows:
    ``(f)(1) Moneys credited to the development fund pursuant to 
subsection (b) and clauses (1) and (3) of subsection (c), and the 
portion of revenues derived from the sale of power and energy for use 
in Arizona pursuant to clause (2) of subsection (c) in excess of the 
amount necessary to meet the requirements of clauses (1) and (2) of 
subsection (d), shall be credited annually against the annual payment 
owed by the Central Arizona Water Conservation District to the United 
States for the Central Arizona Project.
    ``(2) After being credited in accordance with clause (1), moneys 
credited to the development fund pursuant to subsection (b) and clauses 
(1) and (3) of subsection (c), and the portion of revenues derived from 
the sale of power and energy for use in Arizona pursuant to clause (2) 
of subsection (c) in excess of the amount necessary to meet the 
requirements of clauses (1) and (2) of subsection (d), shall be 
available without further appropriation for, in order of priority--
            ``(A) fixed operation, maintenance and replacement charges 
        associated with the delivery of Central Arizona Project water 
        under long-term contracts held by Arizona Indian Tribes (as 
        defined in section 103(2) of the Central Arizona Project 
        Adjustment Act of 2000);
            ``(B) payment to the Gila River Indian Community Settlement 
        Development Trust Fund, established pursuant to section 208 of 
        the Gila River Indian Community Water Rights Settlement Act of 
        2000, which payments shall, in the aggregate, total 
        $200,000,000;
            ``(C) in addition to funds made available through annual 
        appropriations, and without regard to any particular priority--
                    ``(i) costs associated with the construction of 
                Gila River Indian Community Central Arizona Project 
                distribution systems under Contract No. 6-07-03-W0345 
                between the United States and the Community dated May 
                4, 1998;
                    ``(ii) costs associated with the construction of 
                distribution systems required to implement the 
                provisions of section 3707(a)(1) of the San Carlos 
                Apache Tribe Water Rights Settlement Act of 1992 (106 
                Stat. 4740);
                    ``(iii) costs associated with the construction of 
                distribution systems required to implement the 
                provisions of 303(a)(1) and (2) of the Southern Arizona 
                Water Rights Settlement Act of 1982 (96 Stat. 1279);
                    ``(iv) costs authorized by Congress (including any 
                costs to construct distribution systems, but not 
                including costs otherwise payable by non-Federal, non-
                Indian parties) pursuant to future Arizona Indian water 
                rights settlement Acts; and
                    ``(v) other costs authorized pursuant to Gila River 
                Indian Community Water Rights Settlement Act of 2000 or 
                the Southern Arizona Water Rights Settlement Amendments 
                Act of 2000;
            ``(D) in addition to funds made available through annual 
        appropriations Acts, costs associated with the construction of 
        on-reservation Central Arizona Project distribution systems for 
        the Yavapai Apache (Camp Verde), Tohono O'odham Nation (Sif 
        Oidak District), Pascua Yaqui, and Tonto Apache tribes or for 
        cash payments to such tribes as provided for in paragraph 
        8(d)(i)(1)(iv) of the Stipulation (as defined in section 103(8) 
        of the Central Arizona Project Adjustment Act of 2000), except 
        that in the event of a water rights settlement Act authorizing 
        such construction in the case of any of the tribes described in 
        this subparagraph, the provisions of subparagraph (C) of this 
        clause shall apply to such tribe or tribes; and
            ``(E) payment to the general fund of the Treasury.
    ``(3) Any moneys credited to the development fund pursuant to 
subsection (b) and clauses (1) and (3) of subsection (c), and the 
portion of revenues derived from the sale of power and energy for use 
in Arizona pursuant to clause (2) of subsection (c) that are in excess 
of the amount necessary to meet the requirements of clauses (1) and (2) 
of subsection (d) and that are in excess of the amount credited 
annually under clause (1), shall be available without further 
appropriation for, in order of priority:
            ``(A) fixed operation, maintenance and replacement charges 
        associated with the delivery of Central Arizona Project water 
        under long-term contracts held by Arizona Indian Tribes (as 
        defined for purposes of paragraph (2));
            ``(B) the final remaining year's annual payment for the 
        costs of each unit of the projects or separable feature thereof 
        authorized pursuant to title III that are repayable by the 
        Central Arizona Water Conservation District;
            ``(C) repayment to the Treasury of fixed operation, 
        maintenance and replacement costs previously paid pursuant to 
        clause (2)(A);
            ``(D) repayment to the Treasury of costs associated with 
        any Indian water rights settlement previously paid pursuant to 
        clause (2)(B), 2(C) or (2)(D);
            ``(E) payment to the Treasury of any annual installment on 
        any Central Arizona Project-related debt under section 9(d) of 
        the Act of August 4, 1939 (referred to as the Reclamation 
        Project Act of 1939 (43 U.S.C. 485h(d))) assumed by the United 
        States pursuant to section 107(b) of the Central Arizona 
        Project Adjustment Act of 2000;
            ``(F) payment to the Treasury of the difference between the 
        costs of each unit of the projects or separable features 
        thereof authorized pursuant to title III that are repayable by 
        the Central Arizona Water Conservation District and the result 
        of any Central Arizona Project cost allocation undertaken by 
        the United States; and
            ``(G) payment to the general fund of the Treasury.''
    (b) Compliance With Biological Orders.--There is authorized to be 
appropriated--
            (1) funds necessary to comply with Biological Opinion 
        Number 2-21-90-F-119 relating to the Transportation and 
        Delivery of Central Arizona Project Water to the Gila River 
        Basin dated April 15, 1994, including any funding transfers 
        required by such opinion, and all such funds shall be treated 
        as construction costs; and
            (2) funds necessary to comply with any final Biological 
        Opinion resulting from the draft Biological Opinion Number 2-
        21-91-F-706 dated May 1999 dealing with the Impacts of the 
        Central Arizona Project to Gila Topminnow in the Santa Cruz 
        River Basin through introduction and Spread of Nonnative 
        Aquatic Species including any funding transfers required by 
        such opinion, and all such expended funds shall be treated as 
        construction costs.
    (c) Navajo Power Marketing Plan.--The Secretary shall amend the 
Navajo Power Marketing Plan consistent with the provisions of paragraph 
8(c) of the Stipulation.
    (d) Termination.--If a final judgment is not entered in Central 
Arizona Water Conservation District v. United States (No. CIV-95-625-
TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC (Consolidated)), in accordance 
with the Stipulation, the authority granted under section 403(f)(2) and 
403(f)(3) of the Colorado River Basin Project Act (as amended by 
subsection (a)) shall be terminated and have no force or effect.

 TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT OF 
                                  2000

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Gila River Indian Community Water 
Rights Settlement Act of 2000''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares that--
            (1) it is the policy of the United States, in keeping its 
        trust responsibility to Indian tribes, to promote Indian self-
        determination and economic self-sufficiency, and to settle, 
        wherever possible, Indian water rights claims without lengthy 
        and costly litigation;
            (2) meaningful Indian self-determination and economic self-
        sufficiency largely depend on the development of a viable 
        Indian reservation economy;
            (3) the quantification of rights to water and development 
        of facilities needed to utilize tribal water supplies in an 
        effective manner is essential to the development of viable 
        reservation economies, particularly in arid western States;
            (4) the United States obtained certain water entitlements 
        pursuant to the Globe Equity Decree of 1935 for use on the 
        reservation, however, continued uncertainty as to the full 
        extent of the Community's entitlement to water has severely 
        limited its access to water and financial resources necessary 
        to develop its valuable agricultural lands and frustrated its 
        effort to achieve meaningful self-determination and self-
        sufficiency;
            (5) proceedings to determine and enforce the full extent 
        and nature of the Community's water rights and damages thereto 
        are currently pending before the United States District Court 
        in Arizona, and water rights claims are pending in the Superior 
        Court of the State of Arizona in and for Maricopa County as 
        part of the General Stream Adjudication of the Gila River 
        System and Source;
            (6) since final resolution of pending litigation will take 
        many years and entail great expense, continue economically and 
        socially damaging limits to the access to water for the 
        Community, prolong uncertainty as to the availability of water 
        supplies, and seriously impair long-term economic planning and 
        development, the Community and its neighbors have therefore 
        sought to settle their disputes concerning water and reduce the 
        burdens of litigation;
            (7) after many years of negotiations, the United States, 
        the Community, and its neighbors, many of whom are parties to 
        the General Stream Adjudication of the Gila River and its 
        Source, have entered into the Agreement to permanently resolve 
        all water rights and damage claims between and among 
        themselves, and to quantify the Community's and allottees' 
        entitlement to water; and
            (8) to advance the goals of Federal Indian policy and to 
        act consistently with the trust responsibility of the United 
        States to the Community and to allottees, it is appropriate 
        that the United States participate in the implementation of the 
        Agreement and contribute funds so as to enable the Community 
        and allottees to utilize their water entitlements recognized or 
        provided for in the Agreement or this title in developing a 
        diverse and efficient economy.
    (b) Purposes.--It is the purpose of this Act--
            (1) to approve, ratify, and confirm the Agreement;
            (2) to authorize and direct the Secretary of the Interior 
        to execute and perform all obligations of the Secretary under 
        the Agreement; and
            (3) to authorize the actions and appropriations of amounts 
        necessary for the United States to meet its obligations as 
        provided for in the Agreement and this title.

SEC. 203. DEFINITIONS.

    In this title:
            (1) After acquired trust lands.--The term ``after acquired 
        trust lands'' means lands within the State of Arizona and 
        outside the exterior boundaries of the Gila River Indian 
        Reservation that are taken into trust by the United States for 
        the benefit of the Community after the effective date described 
        in title V. After acquired trust lands shall not be considered 
        lands within an Indian reservation or lands owned or held by 
        any Indian for the purposes of article 20, paragraph 5 of the 
        Arizona Constitution, for the purpose of paying in lieu taxes 
        pursuant to section 211(d) and the Intergovernmental Agreement 
        between the Gila River Indian Community and the State of 
        Arizona, Intergovernmental Trust Consultation as of the 
        effective date of the Settlement Agreement.
            (2) Agreement.--The term ``Agreement'' means the Gila River 
        Indian Community Water Rights Settlement Agreement, including 
all exhibits, dated ______, and executed by the parties.
            (3) Allottees.--The term ``allottees'' means individuals 
        who have an ownership interest in an Indian allotment located 
        within the Gila River Indian Reservation, which interest is 
        held in trust by the United States.
            (4) Asarco.--The term ``Asarco'' shall mean Asarco 
        Incorporated, a New Jersey corporation operating mining 
        operations in Arizona.
            (5) Central arizona project.--The terms ``Central Arizona 
        Project'' and ``CAP'' mean the reclamation project authorized 
        and constructed by the United States pursuant to title III of 
        the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.).
            (6) CAP master repayment contract.--The term ``CAP Master 
        Repayment Contract'' means the Contract between the United 
        States and the Central Arizona Water Conservation District for 
        Delivery of Water and Repayment of Costs of the Central Arizona 
        Project, dated December 1, 1988 (Contract No. 14-06-W-245, 
        Amendment No. 1), and any amendment or revision thereof.
            (7) CAP system.--The term ``CAP system'' means the Mark 
        Wilmer Pumping Plant, the Hayden-Rhodes Aqueduct, the Fannin-
        McFarland Aqueduct, the Tucson Aqueduct, the associated pumping 
        plants and appurtenant works of the Central Arizona Project 
        aqueduct system and any extensions, additions thereto, or 
        replacement features thereof.
            (8) Community cap water.--The term ``Community CAP water'' 
        means water to which the Community is entitled pursuant to the 
        Community's CAP Water Delivery Contract.
            (9) Community's cap water delivery contract.--The term 
        ``Community's CAP water delivery contract'' means Contract No. 
        3-07-30-W0284 between the Community and the United States dated 
        October 22, 1992, as amended.
            (10) Community's master repayment contract.--The term 
        ``Community's master repayment contract'' means Contract No. 6-
        07-03-W0345 between the United States and the Community dated 
        May 4, 1998, providing for the construction of the water 
        delivery facilities on the reservation.
            (11) General stream adjudication of the gila river system 
        and source.--The term ``general stream adjudication of the Gila 
        River system and source'' means the action pending in the 
        Superior Court of the State of Arizona in and for the County of 
        Maricopa styled as ``In Re the General Adjudication of All 
        Rights To Use Water In The Gila River System and Source'' (W-1 
        (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San Pedro)).
            (l2) Gila river indian community; community.--The terms 
        ``Gila River Indian Community'' or ``Community'' mean the 
        government, composed of members of the Pima Tribe and the 
        Maricopa Tribe, which is organized under section 16 of the Act 
        of June 18, 1934 (25 U.S.C. 476), and which was originally 
        recognized by the Secretary as the Gila River Pima-Maricopa 
        Indian Community of the Gila River Indian Reservation and has 
        subsequently been recognized by the Secretary as the Gila River 
        Indian Community of the Gila River Indian Reservation, and its 
        members.
            (13) Gila river indian reservation; reservation.--The terms 
        ``Gila River Indian reservation'' or ``reservation'' mean those 
        lands held in trust by the United States for the benefit of the 
        Gila River Indian Community and its members located within the 
        exterior borders of the reservation, as created pursuant to the 
        Act of February 28, 1859, and modified by the Executive Orders 
        of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 
        1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 
        19, 1915.
            (14) Globe equity decree.--The term ``Globe equity decree'' 
        means the decree dated June 29, 1935, and entered in The United 
        States of America v. Gila Valley Irrigation District, et al., 
        Globe Equity No. 59, in the United States District Court in and 
        for the District of Arizona, and all court orders and decisions 
        supplemental thereto.
            (15) Injuries to water rights.--The term ``injuries to 
        water rights'' means any interference with, diminution of, or 
        deprivation of water rights or water quality, under Federal, 
        State or other law, including changes in the underground water 
        table and the effects of such changes. Such term does not 
        include claims related to subsidence damage.
            (16) IGA with respect to water rights.--The term ``IGA with 
        respect to water rights'' means the Intergovernmental Agreement 
        between the Gila River Indian Community and the State of 
        Arizona for Water Rights and Management on After Acquired Trust 
        Lands attached as exhibit ______ to the Agreement.
            (17) Intergovernmental trust consultation agreement.--The 
        term ``Intergovernmental Trust Consultation Agreement'' means 
        the Intergovernmental Agreement between the Gila River Indian 
        Community and the State of Arizona for Intergovernmental Trust 
        Consultation attached as Exhibit ______ to the Agreement.
            (18) Roosevelt water conservation district.--The terms 
        ``Roosevelt Water Conservation District'' and ``RWCD'' mean the 
        entity of that name which is a political subdivision of the 
        State of Arizona and an irrigation district organized under the 
        laws of the State of Arizona.
            (19) San carlos irrigation and drainage district.--The 
        terms ``San Carlos Irrigation and Drainage District'' and 
        ``SCIDD'' mean the non-Indian component of the entity of that 
        name which is a political subdivision of the State of Arizona 
        and an irrigation and drainage district organized under the 
        laws of the State of Arizona.
            (20) SCIP.--The term ``SCIP'' means the San Carlos 
        Irrigation Project authorized pursuant to the Act of June 7, 
        1924 (43 Stat. 475) and expanded pursuant to the Act of March 
        7, 1928 (45 Stat. 200).
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) Subsidence damage.--The term ``subsidence damage'' 
        means injury to land, water, or other property from the 
        settling of geologic strata or from cracking in the earth's 
        surface of any length or depth, which is caused by the 
        withdrawal of ground water.
            (23) Trust lands.--The term ``trust lands'' means any lands 
        outside the reservation that are held in trust by the United 
        States for the benefit of the Community and its members as of 
        the effective date of this title.
            (24) Water rights.--The term ``water rights'' means any and 
        all rights in or to ground water, surface water, or effluent 
        under Federal, State or other law.

SEC. 204. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS 
              SETTLEMENT AGREEMENT.

    (a) In General.--Except to the extent that the Agreement conflicts 
with a provision of this title, such Agreement is hereby approved, 
ratified and confirmed.
    (b) Execution of Agreement.--The Secretary shall execute the 
Agreement, including any amendments necessary to make the Agreement 
consistent with this title, after the Community has executed the 
Agreement and such amendments.
    (c) National Environmental Policy Act.--Execution of the Agreement 
by the Secretary under this section shall not constitute a major 
Federal action under the National Environmental Policy Act (42 U.S.C. 
4321 et. seq.). The Secretary shall carry out all necessary 
environmental compliance activities during the implementation of the 
Agreement, including activities under the National Environmental Policy 
Act and the Endangered Species Act (16 U.S.C. 1531 et. seq.). With 
respect to the Agreement, the Bureau of Reclamation shall be designated 
as the lead agency in regard to environmental compliance.
    (d) Rehabilitation of Certain Water Works.--
            (1) In general.--The Secretary shall rehabilitate the SCIP 
        water diversion and delivery works.
            (2) Existing contracts.--The Pima Lateral and those 
        distribution canals receiving water therefrom shall be 
        rehabilitated under paragraph (1) through contracts with the 
        Community that are in effect on the date of enactment of this 
        Act.
            (3) Remainder.--The Secretary shall accomplish the 
        remainder of the rehabilitation required under paragraph (1) 
        through the execution of a supplemental repayment contract with 
        SCIDD in the form provided for in Exhibit 21______ of the 
        Agreement.

SEC. 205. RIGHTS TO WATER.

    (a) Rights Held in Trust.--The Community's and allottees' rights to 
water as described in the Agreement shall be held in trust by the 
United States on their behalf.
    (b) Reallocation.--In accordance with this title and the Agreement 
the Secretary shall reallocate to the Community--
            (1) an annual entitlement to 18,600 acre-feet of CAP non-
        Indian agricultural priority water, held by the Secretary on 
        the date of enactment of this Act for the benefit of the 
        Community pursuant to an agreement among the Secretary, the 
        Community, and the RWCD pursuant to which RWCD relinquished its 
        entitlement to CAP non-Indian agricultural priority water under 
        that agreement among the United States, CAWCD, and RWCD dated 
        November 18, 1991 (No. 2-07-30-W0268), together with any 
        entitlement to agricultural priority water reallocated to the 
        RWCD under the Final Reallocation Decision published in the 
        Federal Register (Volume 47, No. 24, on February 25, 1992, at 
        page 4470 et seq.);
            (2) an annual entitlement to 17,800 acre-feet of CAP Indian 
        priority water which was previously allocated with a non-Indian 
        agricultural priority to the Harquahala Valley Irrigation 
        District (referred to in this title as ``HVID''), and 
        thereafter, permanently relinquished by HVID in accordance with 
        Contract No. 3-07-W0290 among the Central Arizona Water 
        Conservation District, HVID, and the United States, and 
        converted to CAP Indian priority water pursuant to Public Law 
        101-468;
            (3) an annual entitlement to 17,000 acre-feet of CAP 
        municipal and industrial priority water which the Secretary 
        previously allocated to Asarco in the Notice of Final 
        Allocation to Indian and Non-Indian Water Users and Related 
        Decisions, dated March 24, 1983 (48 Fed Reg 12466, et seq.) as 
        provided for in and subject to the terms of Exhibit 12.1 to the 
        Agreement; and
            (4) an annual entitlement to 102,000 acre-feet of CAP non-
        Indian agricultural priority water made available pursuant to 
        the agreement ratified in section 107(a).
    (c) Water Service Capital Charges.--The Community shall not be 
responsible for water service capital charges, or any other charges or 
payments, for CAP water, except for operation, maintenance and 
replacement costs as provided for in section 206.
    (d) Allocation and Repayment.--For the purpose of determining the 
allocation and repayment of costs of the CAP as provided for in article 
9.3 of the CAP Master Repayment Contract, the costs associated with the 
delivery of water under the Community CAP Water Delivery Contract shall 
be non-reimbursable, and such costs shall be excluded from the 
repayment obligation of the Central Arizona Water Conservation 
District.
    (e) Application of Provisions.--The water rights recognized and 
confirmed to the Community by the Agreement, and this title, shall be 
subject to section 7 of the Act of February 8, 1887 (25 U.S.C. 381). 
The community shall enact a water code, subject to any applicable 
provision of law, that--
            (1) manages, regulates, and controls the water resources on 
        the reservation;
            (2) governs all of the water rights which are held in trust 
        by the United States for the benefit of the Community and 
        allottees; and
            (3) includes, subject to approval of the Secretary--
                    (A) a process by which any allottee, or any 
                successor in interest to an allottee, may request and 
be provided with a fair and equitable distribution of water for use on 
his or her allotted lands; and
                    (B) a due process system for the consideration and 
                determination of any request by any allottee, or any 
                successor in interest to an allottee, for distribution 
                of water, including a process for appeal and 
                adjudication of denied or disputed distributions of 
                water and for resolution of contested administrative 
                decisions.

SEC. 206. COMMUNITY WATER DELIVERY CONTRACT AMENDMENTS.

    (a) In General.--The Secretary shall amend the Community's CAP 
Water Delivery Contract as provided for in the Agreement to--
            (1) provide that the contract shall be for permanent 
        service, as that term is used for purposes of section 5 of the 
        Boulder Canyon Project Act of 1928 (43 U.S.C. 617d) and without 
        limit as to term;
            (2) authorize the Community to lease or to enter into an 
        option or options to lease, as provided for in the Agreement, 
        and such other leases, or options to lease, providing for the 
        delivery to or use by others of any portion of the water to 
        which the Community is entitled under the contract for terms 
        not exceeding 100 years, and to authorize the Community to 
        renegotiate any lease or enter into new leases during the term 
        of any existing leases so long as the term of any new lease 
        does not exceed 100 years;
            (3) authorize the Community to use water to which the 
        Community is entitled under the contract on lands owned by the 
        Community or held in trust for the benefit of the Community 
        within Arizona;
            (4) provide that all CAP water to which the Community is 
        entitled under the contract shall be delivered through the CAP 
        System; and
            (5) provide that the costs allocable to the Community for 
        the construction of the CAP System shall be non-reimbursable, 
        and such costs shall be excluded from any repayment obligation 
        of the Community.
    (b) Payment of Charges.--As authorized by section 403(f) of the 
Colorado River Basin Project Act (as amended by section 108(a)), the 
United States shall pay, or provide for the payment of, CAP Fixed OM&R 
Charges as provided for in paragraph 8 of the Agreement.
    (c) Ratification of Leases.--The leases of Community CAP water by 
the Community to Asarco, Phelps Dodge and to any or all of the cities 
of Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, and Scottsdale, 
Arizona, attached as exhibits to the Agreement, are hereby authorized, 
ratified and confirmed, and the Secretary shall execute such leases. 
Neither the Community nor any recipient of Community CAP water through 
lease or exchange, shall be obligated to pay water service capital 
charges or any other charges, payments or fees for such water, except 
as expressly provided for in the lease or exchange agreement.
    (d) Reclaimed Water Exchange Agreement.--The Reclaimed Water 
Exchange Agreement among Chandler Arizona, Mesa Arizona, the Community, 
RWCD and the United States, attached as Exhibit 19.1 to the Agreement, 
is hereby approved, ratified and confirmed.
    (e) Prohibitions.--
            (1) Use outside of arizona.--None of the Community's CAP 
        water shall be leased, exchanged, forborne or otherwise 
        transferred in any way by the Community for use directly or 
        indirectly outside of the State of Arizona.
            (2) Use off of reservation.--Except as authorized by this 
        section, no water made available to the Community pursuant to 
        the Agreement, the Globe Equity Decree, or this title, may be 
        sold, leased, transferred or in any way used off the 
        reservation other than by exchange. Nothing in this Act or in 
        the Agreement shall be construed as a limitation on the 
        Community's ability to enter into any agreement with the 
        Arizona Water Banking Authority, or its successor agency or 
        entity, in accordance with State law.

SEC. 207. CLAIMS EXTINGUISHMENT: WAIVERS AND RELEASES.

    (a) Satisfaction of Claims.--The benefits realized by the 
Community, its members and allottees under this title shall constitute 
full and complete satisfaction of all members' and allottees' claims 
for water rights or injuries to water rights under Federal, State, and 
other laws for the Reservation and Trust Lands whether such claims 
arise prior to or after the date of enactment of this Act. 
Notwithstanding the preceding sentence, nothing in this title shall be 
deemed to recognize or establish any right of a member of the Community 
to water on the Reservation.
    (b) Waiver or Release.--The community, on behalf of itself and its 
members, and the Secretary, on behalf of the United States and the 
allottees, are authorized, as part of the performance of the 
obligations under the Agreement, to execute a waiver and release, 
except as provided for in the Agreement, of any and all claims against 
the State of Arizona, or any agency or political subdivision thereof, 
or any other person, entity, corporation or municipal corporation under 
Federal, State or other law for any and all--
            (1) water rights or injuries to water rights, whether such 
        claims arise prior to or after the date of enactment of this 
        Act;
            (2) claims for water rights with respect to Reservation and 
        Trust Lands that arise after the date of enactment of this Act;
            (3) claims for injuries to water rights resulting from the 
        diversion or use of ground water, surface water, CAP water or 
        effluent, whether such claims arise prior to or after the date 
        of enactment of this Act, in a manner both consistent with the 
        Agreement and not in violation of applicable State law;
            (4) water rights and injuries to water rights based upon 
        aboriginal occupancy of lands by the Community, its members, 
        allottees, or their predecessors, whether such claims arise 
        prior to or after the date of enactment of this Act;
            (5) claims (including claims for damages or injunction 
        resulting from injuries to land, water rights or property) 
        against the Salt River Project or its officers, directors, 
        employees, agents or shareholders arising from the discharge, 
        transportation, seepage or other movement of water, whether 
such claims arise prior to or after the date of enactment of this Act, 
in or through drains, canals or other structures within the Salt River 
Reservoir District to lands within the reservation;
            (6) subsidence damages, whether such claims arise prior to 
        or after the date of enactment of this Act;
            (7) claims for subsidence damages resulting from the 
        diversion or use of underground water after the effective date 
        of this title, in a manner both consistent with the Agreement 
        and not in violation of applicable State law; and
            (8) claims arising out of or related in any manner to the 
        negotiations or execution of the Agreement, or for the 
        negotiation or enactment of this Act, or any specific terms or 
        provisions thereof.
    (c) Prohibition.--No allottee may assert any past, present or 
future claims for water rights or claims for injuries to water rights 
against the United States, the State of Arizona or any political 
subdivision thereof, or any other person, entity, corporation or 
municipal corporation.
    (d) Limitation on Claims by the United States.--Except as provided 
in the Agreement, the United States shall not assert any claim against 
the State of Arizona or any political subdivision thereof, or any other 
person, entity, corporation or municipal corporation, under Federal, 
State or other laws in its own right or on behalf of the Community, its 
members or allottees based upon any of the claims described in 
paragraphs (1) through (8) of subsection (b).
    (e) Funding.--If, because of the operation of sections 501 and 502, 
the authority provided for in subsection (b) does not become effective, 
the Community and the United States shall retain the right to assert 
past, present and future water rights claims and claims for injuries to 
water rights as to all reservation lands.

SEC. 208. COMMUNITY TRUST FUNDS.

    (a) Establishment.--The Secretary shall establish in the Treasury 
of the United States a trust fund to be known as the ``Gila River 
Indian Community Settlement Development Trust Fund'' (referred to in 
this section as the ``Fund'').
    (b) Deposits.--The Secretary shall deposit into the Fund, 
$200,000,000 of the amounts made available pursuant to section 
403(f)(2)(B) of the Colorado River Basin Project Act (as amended under 
section 108). Except as otherwise provided for in this title, the 
principal of the Fund, and any interest or income accruing thereon, 
shall be managed in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
    (c) Use of Fund.--The principal of the Fund, and any interest or 
income accruing thereon, shall be used by the Community for the 
development of irrigation works above the 40 acre distribution or as 
otherwise provided for in the Agreement.
    (d) Withdrawal.--The Community may withdraw amounts from the fund 
and deposit such amounts in a private financial institution selected by 
mutual agreement of the Community and the Secretary. Such a withdrawal 
shall be made pursuant to the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.). If the Community exercises 
its rights pursuant to this subsection to withdraw funds and make 
deposits in a private financial institution, neither the Secretary nor 
the Secretary of the Treasury, except as provided in the withdrawal 
plan, shall retain any oversight over or liability for the accounting, 
disbursement, or investment of such funds.
    (e) Limitations.--
            (1) No distribution to members.--No part of the principal 
        of the Fund, or the interest or income accruing thereon, shall 
        be distributed to any member of the Community on a per capita 
        basis.
            (2) Funds not available until enforceability date.--Amounts 
        deposited into the Fund pursuant to subsection (b) shall not be 
        available for expenditure or withdrawal by the Community until 
        the enforceability date of the Agreement.

SEC. 209. COMMUNITY SUBSIDENCE RECOVERY TRUST ACCOUNT.

    (a) Establishment of Account.--
            (1) In general.--The Secretary shall establish in the 
        Treasury of the United States an account to be known as the 
        ``Community Subsidence Recovery Trust Account'' (referred to in 
        this section as the ``Account'').
            (2) Deposits.--The Account shall consist of amounts 
        deposited into the Account pursuant to an appropriation under 
        section 210(c)(1) for claims as of June 30, 2003, and any 
        amounts appropriated pursuant to section 210(c)(2) from time to 
        time to satisfy claims after June 30, 2003.
    (b) Investments.--The Secretary of the Treasury shall invest all 
amounts deposited into, accruing to, and remaining in, the Account in 
accordance with the Act of November 4, 1983 (25 U.S.C. 162a).
    (c) Distribution.--Amounts in the Account shall be available for 
distribution to the Community subject to the following terms and 
conditions:
            (1) Funds may only be used by the Community for the repair 
        and remediation of subsidence damage on the Reservation or 
        trust lands.
            (2) Funds shall be distributed by the Secretary only 
        after--
                    (A) a claim for subsidence damage is submitted by 
                the Community to the Secretary detailing the subsidence 
                damage on the Reservation or trust lands and containing 
                a professional estimate of the costs of the repair or 
                remediation;
                    (B) the Secretary has determined and validated 
                through an independent survey or review by a private 
                sector engineering firm that the subsidence damage 
                described in the claim has occurred and that the cost 
                estimate is reasonable and the community has been in 
                compliance with the water code described in section 
                205(e); and
                    (C) the Community has agreed--
                            (i) that upon completion of each repair or 
                        remediation for which it receives 
a distribution of funds, the Community will file with the Secretary a 
report detailing the expenditures of the funds for such repair or 
remediation; and
                            (ii) in the event that any portion of the 
                        funds distributed are not expended by the 
                        Community on the repair or remediation, the 
                        unexpended portion will be returned to the 
                        Account.
    (d) Limitation on Liability.--The United States shall not be liable 
for any claim or cause of action arising from the Community's use or 
expenditure of moneys distributed from the Account.
    (e) Satisfaction of Claims.--Except as provided in this subsection 
and in the Agreement, the Account shall be in full satisfaction of all 
claims of the Community, its members, and allottees of reservation land 
for subsidence damage on the Reservation and trust lands. Any claim of 
the Community, its members, and allottees, or of the United States on 
behalf of the Community, its members, and allottees, for subsidence 
damage on the Reservation or trust lands shall be satisfied out of the 
monies deposited into the Account and any increase thereof, as provided 
for in section ____of the Agreement. No allottee of land within the 
Reservation may assert any claims for subsidence damage on the 
Reservation except as provided for in the Agreement.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amounts for Rehabilitation of Irrigation Works.--There is 
authorized to be appropriated for the rehabilitation of the SCIDD 
irrigation works authorized in section 204(d)(2), $40,000,000 for 
fiscal year 2001, and such sums as may be necessary for each subsequent 
fiscal year taking into account ordinary fluctuations in construction 
costs as indicated by engineering cost indices applicable to the types 
of construction involved under such section.
    (b) Reduction of Irrigatable Acreage.--There is authorized to be 
appropriated, not to exceed $7,000,000 for fiscal year 2001, and such 
sums as may be necessary for each fiscal year thereafter, to carry out 
section 212(b).
    (c) Community Subsistence Recovery Trust Account.--There is 
authorized to be appropriated to the Community Subsidence Recovery 
Trust Account under section 209--
            (1) $4,000,000, and until such time as the entire amount is 
        appropriated and deposited into the account, such amount shall 
        include an adjustment representing the interest that would have 
        been earned on such amount if such amount had been appropriated 
        and deposited into the Account by of June 30, 2003, at rates 
        determined by the Secretary of the Treasury, taking into 
        consideration the average market yield on outstanding Federal 
        obligations of comparable maturity; and
            (2) such sums as may be necessary to pay claims made on the 
        Account after June 30, 2003.
    (d) Environmental Compliance.--There is authorized to be 
appropriated such sums as may be necessary to carry out all necessary 
environmental compliance activities associated with the Agreement and 
this title, including any mitigation measures adopted by the Secretary.

SEC. 211. AFTER ACQUIRED TRUST LANDS.

    (a) Limitation.--The United States shall not take legal title to 
any lands within the State of Arizona that is outside the exterior 
boundaries of the Reservation in trust for the benefit of the Community 
until all of the following conditions have been satisfied:
            (1) The Community and the State of Arizona have executed 
        the Intergovernmental Trust Consultation Agreement and such 
        agreement has become enforceable according to its terms.
            (2) The Community has satisfied all of the requirements of 
        the Intergovernmental Trust Consultation Agreement for each 
        parcel of land to be taken into trust by the United States for 
        the benefit of the Community.
            (3) The Community and the State of Arizona have executed 
        the Intergovernmental Agreement with Respect to Water Rights, 
        and it has become enforceable according to its terms.
            (4) The Community has adopted the Water Program required by 
        the Intergovernmental Agreement with Respect to Water Rights.
    (b) Certification.--After publication in the Federal Register of a 
written certification by the Secretary to the Governor of the State of 
Arizona that all of the conditions in subsection (a) have been fully 
satisfied for each parcel of land to be taken into trust by the United 
States for the benefit of the Community, the United States may consider 
whether to take such parcels into trust in accordance with Federal law.
    (c) Final Agency Action.--Any written certification by the 
Secretary under subsection (b) shall constitute final agency action 
under the Administrative Procedure Act and shall be reviewable as 
provided for in section 702 of title 5, United States Code.
    (d) Payment in Lieu of Taxes.--For each parcel of land taken into 
trust by the United States for the benefit of the Community under this 
section, the Community shall make payments in lieu of all current and 
future State, county, and local ad valorem property taxes for after 
acquired trust lands as provided for in the Intergovernmental Trust 
Consultation Agreement.
    (e) Right to Surface and Ground Water.--After acquired trust lands 
shall only have the rights to surface water and ground water authorized 
in the IGA with respect to water rights.
    (f) Tribal Resource Attributes.--Upon acquisition of a parcel of 
land in trust by the United States for the benefit of the Community 
under this section, the rights to surface water and ground water 
authorized in the IGA with respect to water rights shall become tribal 
resources held in trust status by the United States for the benefit of 
the Community and shall have the following attributes:
            (1) The Community's rights to water for after acquired 
        trust lands shall not be subject to forfeiture, relinquishment, 
        or abandonment arising from events occurring after the date the 
        lands are taken into trust.
            (2) The Community's rights to water for after acquired 
        trust lands shall not be subject to condemnation by any State 
        authority.
            (3) The Community's rights to water for after acquired 
        trust lands shall not be subject to the regulatory jurisdiction 
        of the State of Arizona, except that if the water rights 
        associated with after acquired trust lands were--
                    (A) on the date on which the after acquired trust 
                lands were taken into trust status, subject to 
                adjudication and administration in the court presiding 
                over the Arizona general stream adjudication; or
                    (B) subsequent to the date on which the after 
                acquired trust lands were taken into trust status, 
                determined by a court of competent jurisdiction to be 
                subject to the Arizona general stream adjudication;
        then the water rights associated with the after acquired trust 
        lands shall continue to be subject to the Arizona general 
        stream adjudication to the extent that such rights were or 
        subsequently are determined to be subject to such adjudication.
            (4) Subject to paragraph (3) and the intergovernmental 
        agreements, the Community may divert or use the surface water 
        and ground water rights associated with after acquired trust 
        lands for community purposes at the discretion of the Community 
        on such after acquired trust lands.
    (g) No Reserved Rights.--After acquired trust lands shall not have 
Federal reserved rights to surface water or ground water.
    (h) Not Subject to State Jurisdiction.--Except as provided in 
subsection (f)(2), rights to ground water for after acquired trust 
lands shall not be subject to the State's regulatory jurisdiction, 
except that any claim by the Community, the United States on behalf of 
the Community, or any other person with respect to such rights to 
ground water shall be brought in the Superior Court of the State of 
Arizona.
    (i) Authority of Community.--For purposes of complying with the 
provisions of this section, the Community is authorized to enter into 
the Intergovernmental Agreement between the Gila River Indian Community 
and the State of Arizona, Water Management on After Acquired Trust 
Lands, and the Intergovernmental Agreement between the Gila River 
Indian Community and the State of Arizona, Intergovernmental Trust 
Consultation. The Community is authorized to waive its sovereign 
immunity and consent to suit in the Superior Court of the State of 
Arizona for the limited purposes required by those agreements, and for 
any intergovernmental agreement required to be entered into by the 
Community under the terms of those agreements.
    (j) Terms of Agreement.--The Secretary shall acknowledge the terms 
of any intergovernmental agreement entered into by the Community under 
this section and shall not seek to abrogate those terms in any 
administrative or judicial action. If a judicial action is commenced 
during a dispute over any intergovernmental agreement entered into 
under this section, and the United States is allowed to intervene in 
such action, the United States shall not remove such action to the 
Federal courts.
    (k) Rule of Construction.--Notwithstanding any other provision of 
this Act, nothing in this Act shall be construed to alter the continued 
application of the Act of May 25, 1918 (25 U.S.C. 211) within Arizona.

SEC. 212. MISCELLANEOUS PROVISIONS.

    (a) Authority of Joinder of United States.--If any party to the 
Agreement commences an action in any Federal Court relating only and 
directly to the interpretation or enforcement of this Act or the 
Agreement and names the United States or the Community as a party, the 
United States or the Community, or both, may be joined in any such 
action, and any claim by the United States or the Community to 
sovereign immunity from such action is hereby waived.
    (b) Reduction in Irrigable Acreage.--As provided for in paragraph 
____ of the Agreement, the Secretary is authorized to expend amounts 
appropriated under this Act for the purpose of reducing by 2,000 acres 
the maximum number of acres that may be irrigated under the Globe 
Equity Decree upstream from the San Carlos Apache Indian Reservation.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to quantify or otherwise affect the water rights, claims or 
entitlements to water of any Indian tribe, band or community, other 
than the Gila River Indian Community.
    (d) Limitation on Claims for Reimbursement.--The United States 
shall not make a claim for reimbursement of costs arising out of the 
implementation of this title or the Agreement against any Indian-owned 
land within the Reservation, and no assessment shall be made in regard 
to such costs against such lands.
    (e) No Affect on Future Allocations.--Water received pursuant to a 
lease or exchange of community CAP water under this Act shall not 
affect any future allocation or reallocation of CAP water by the 
Secretary.
    (f) Master Repayment Contract of Community.--The Secretary shall 
amend the Community's Master Repayment Contract to provide that the 
costs under such contract to the community shall be non-reimbursable. 
Nothing in this Act or the Agreement shall expand the Secretary's 
obligations under the Community's Master Repayment Contract.

SEC. 213. ADDITIONAL UPPER GILA VALLEY ISSUES.

 TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS ACT OF 
                                 2000.

SEC. 301. AMENDMENT TO SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT ACT OF 
              1982.

    Title III of Public Law 97-293 (the Southern Arizona Water Rights 
Settlement Act of 1982 (96 Stat. 1261)) is amended to read as follows:

``TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT AMENDMENTS ACT OF 
                                  2000

``SEC. 301. SHORT TITLE.

    ``This title may be cited as the `Southern Arizona Water Rights 
Settlement Amendments Act of 2000'.

``SEC. 302. CONGRESSIONAL FINDINGS.

    ``Congress finds that--
            ``(1) water rights claims within the San Xavier Indian 
        Reservation and the eastern Schuk Toak District of the Tohono 
        O'odham Nation, the members of the Nation and allottees are the 
        subject of lawsuits pending against the United States, and 
        numerous parties in southern Arizona, including major mining 
        companies, agricultural interests, and the city of Tucson, on 
        the date of enactment of the Arizona Water Settlement Act of 
        2000;
            ``(2) the lawsuits referred to in paragraph (1) are not 
        only expensive and time consuming for all participants but also 
        threaten to cause profound adverse impacts on the health and 
        development of the Indian and non-Indian economies of southern 
        Arizona;
            ``(3) the parties to the lawsuits referred to in paragraph 
        (1) and other persons interested in the settlement of the water 
        rights claims of the Nation and its members and allottees 
        within the Tucson management area have diligently attempted to 
        settle those lawsuits;
            ``(4) the requirements of paragraph (1) of section 307(a) 
        (as in effect on the day before the date of enactment of the 
        Arizona Water Settlement Act of 2000) were met within 1 year of 
        the date of enactment of such paragraph in the following 
        manner--
                    ``(A) the city of Tucson, Arizona entered into an 
                agreement dated October 11, 1983 with the United States 
                to make available 28,200 acre-feet of reclaimed water 
to the Secretary to be disposed of as the Secretary sees fit and 
including a provision that permits the Secretary to provide terms and 
conditions under which the Secretary may relinquish to the city of 
Tucson such quantities of water as are not needed to satisfy the 
Secretary's obligations under this title;
                    ``(B) the city of Tucson, the State of Arizona, and 
                others entered into an agreement dated October 11, 1983 
                with the United States to establish the Cooperative 
                Fund, and contributions that were required to be made 
                pursuant to section 313 (as in effect on the day before 
                the date of enactment of the Arizona Water Settlement 
                Act of 2000) were subsequently made;
                    ``(C) the Nation entered into an agreement dated 
                October 11, 1983 with the United States in compliance 
                with subparagraph (C) of section 307(a)(1) (as in 
                effect on the day before the date of enactment of the 
                Arizona Water Settlement Act of 2000); and
                    ``(D) in the agreement dated October 11, 1983 with 
                the United States, the Nation executed a waiver and 
                release in compliance with subparagraph (D) of section 
                307(a)(1) (as in effect on the day before the date of 
                enactment of the Arizona Water Settlement Act of 2000);
            ``(5) by providing the assistance specified in this title, 
        the Federal Government will make possible the implementation of 
        a settlement of the lawsuits referred to in paragraph (1);
            ``(6) it is in the long-term interest of the United States, 
        the State of Arizona and political subdivisions of the State, 
        the Tohono O'odham Nation, the San Xavier and Schuk Toak 
        Districts of the Tohono O'odham Nation, and the non-Indian 
        community of southern Arizona, that the Federal Government 
        assist in the implementation of a fair and equitable settlement 
        of the water rights claims of the Tohono O'odham Nation, and 
        the members of the Nation and allottees within the San Xavier 
        Indian Reservation and the eastern Schuk Toak District of the 
        Tohono O'odham Nation; and
            ``(7) the settlement provided for by this title will--
                    ``(A)(i) provide flexibility in the management of 
                water resources; and
                    ``(ii) encourage the allocation of such resources 
                in accordance with the highest and best uses of the 
                resources;
                    ``(B) promote the conservation and management of 
                water resources; and
                    ``(C) carry out the trust responsibility of the 
                United States to the Nation and the owners of 
                individual beneficial interests in allotted trust lands 
                within the San Xavier Indian Reservation.

``SEC. 303. DEFINITIONS.

    ``In this title:
            ``(1) Adams v. united states.--The term `Adams v. United 
        States' means Adams et al. v. United States et al. (Civ. No. 
        93-240 TUC-FRZ (D. Ariz.)).
            ``(2) Agreement of december 11, 1980.--The term `Agreement 
        of December 11, 1980' means the contract for the delivery of 
        Central Arizona Project water that the United States and the 
        Nation entered into on December 11, 1980.
            ``(3) Agreement of october 11, 1983.--The term `Agreement 
        of October 11, 1983' means the contract to provide water and to 
        settle claims to water under this title (as in effect on the 
        day before the date of enactment of the Arizona Water 
        Settlement Act of 2000) that the United States and the Nation 
        entered into on October 11, 1983.
            ``(4) Allottees.--The term `allottees' means individuals 
        who hold a beneficial real property interest in an Indian 
        allotment within the San Xavier Indian Reservation that is held 
        in trust by the United States or is subject to a restriction 
        against alienation, pursuant to section 7 of the Act of 
        February 8, 1887 (24 Stat. 390).
            ``(5) Alvarez v. tucson.--The term `Alvarez v. Tucson' 
        means Alvarez et al. v. City of Tucson et al. (Civ. No. 93-039 
        TUC-FRZ (D. Ariz.)).
            ``(6) Central arizona project.--The term `Central Arizona 
        Project' means the Federal reclamation project authorized under 
        title III of the Colorado River Basin Project Act (43 U.S.C. 
        1521 et seq.).
            ``(7) Central arizona project link pipeline.--The term 
        `Central Arizona Project Link Pipeline' means the pipeline from 
        the San Xavier Turnout No. 2 of the Tucson Aqueduct of the 
        Central Arizona Project to, and including, the flow control 
        structure at the southwest corner of field 155, or from such 
        other turnout of the Tucson Aqueduct of the Central Arizona 
Project to such other point as provided for in the contract authorized 
in section 313 or, in the event that such contract is not executed, as 
determined by the Secretary.
            ``(8) Central arizona project master repayment contract.--
        The term `Central Arizona Project Master Repayment Contract' 
        means contract No. 14-06-W-245 entitled `contract between the 
        United States and the Central Arizona Water Conservation 
        District for the delivery of water and repayment of costs of 
        the Central Arizona Project' dated December 1, 1988.
            ``(9) Central arizona project service area.--The term 
        `Central Arizona Project Service Area' means the geographical 
        area in which the Central Arizona Water Conservation District 
        delivers Central Arizona Project water, defined as the three-
        county area of Maricopa, Pinal and Pima Counties, as that area 
        may be expanded.
            ``(10) Central arizona water conservation district.--The 
        term `Central Arizona Water Conservation District' means the 
        Central Arizona Water Conservation District, organized under 
        the laws of the State of Arizona, which is the contractor under 
        a contract with the United States for the delivery of water and 
        repayment of costs of the Central Arizona Project.
            ``(11) Cooperative farm.--The term `Cooperative Farm' means 
        the farm on lands in which allottees hold an interest that is 
        served by the existing irrigation system and the extension of 
        the existing irrigation system provided for under paragraphs 
        (1) and (2) of section 304(c).
            ``(12) Cooperative fund.--The term `Cooperative Fund' means 
        the Cooperative Fund referred to in section 311.
            ``(13) Delivery and distribution system.--The term 
        `delivery and distribution system' means the Central Arizona 
        Project aqueduct, the Central Arizona Project Link Pipeline, 
        and the pipelines, canals, aqueducts, conduits, and other 
        necessary facilities for water delivery, including pumping 
        facilities, powerplants, and electric power transmission 
        facilities external to the boundaries of a farm on which the 
        water is distributed.
            ``(14) Eastern schuk toak district.--The term `eastern 
        Schuk Toak District' means the portion of the Schuk Toak 
        District (1 of 11 political subdivisions of the Nation 
        established under the constitution of the Nation) that lies 
        within the Tucson management area.
            ``(15) Exempt well.--The term `exempt well' means a water 
        well--
                    ``(A) with a maximum pumping capacity of not more 
                than 35 gallons per minute; and
                    ``(B) the water from which is used for the supply, 
                service, and activities of households and private 
                residences, landscaping, livestock watering, and 
                irrigation of not more than 2 acres of land for the 
                production of plants and crops for sale or human 
                consumption, or for feed for livestock or poultry.
            ``(16) Farm.--The term `farm' means a unit of lands 
        designated to be served by an irrigation system.
            ``(17) Fee owners of allotted land.--The term `fee owners 
        of allotted land' means persons who hold fee simple title in 
        real property that was formerly held in trust as an Indian 
        allotment within the San Xavier Indian Reservation.
            ``(18) Irrigation system.--The term `irrigation system' 
        means canals, laterals, ditches, sprinklers, bubblers and other 
        irrigation works to distribute water within the boundaries of a 
        farm, and, with respect to the cooperative farm only, includes 
        the rehabilitation of fields, the remediation of sink holes and 
        stabilization of the banks of the Santa Cruz River.
            ``(19) Nation.--The term `Nation' means the Tohono O'odham 
        Nation (formerly known as the Papago Tribe) organized under a 
        constitution approved pursuant to section 16 of the Act of June 
        18, 1934 (25 U.S.C. 476).
            ``(20) Nation's territorial jurisdiction.--The term 
        `Nation's territorial jurisdiction' means all lands within the 
        geographical boundaries over which the sovereign powers, 
        authority, and jurisdiction of the Nation extend.
            ``(21) Net irrigable acres.--The term `net irrigable acres' 
        means only those acres of land within a farm that are suitable 
        for growing crops.
            ``(22) San xavier allottees association.--The term `San 
        Xavier Allottees Association' means the organization 
        incorporated as a nonprofit corporation under Arizona law for 
        the purpose of representing and advocating the interests of 
        individual Indian owners of beneficial interests in trust 
        allotments on the San Xavier Indian Reservation.
            ``(23) San xavier cooperative association.--The term `San 
        Xavier Cooperative Association' means the entity chartered 
        under the laws of the Nation that is the lessee of lands within 
        the cooperative farm and the authorized operator of the 
        cooperative farm under leases entered into with allottees whose 
        lands are within the cooperative farm, and the operator's 
        successors in interest.
            ``(24) San xavier district.--The term `San Xavier District' 
        means 1 of 11 political subdivisions of the Nation established 
        under the constitution of the Nation.
            ``(25) San xavier district council.--The term `San Xavier 
        District Council' means the governing body of the San Xavier 
        District established pursuant to Article IX of the Constitution 
        of the Nation.
            ``(26) San xavier indian reservation.--The term `San Xavier 
        Indian Reservation' means the Reservation established by the 
        Executive Order of July 1, 1874, which is a part of the Tohono 
        O'odham Nation and has boundaries coterminous with those of the 
        San Xavier District.
            ``(27) Schuk toak farm.--The term `Schuk Toak Farm' means a 
        farm constructed in the eastern Schuk Toak District served by 
        the irrigation system provided for under section 304(c)(3).
            ``(28) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(29) Settlement agreement.--The term `Settlement 
        Agreement' means the agreement and all exhibits and attachments 
        thereto settling and dismissing with prejudice the claims of 
        United States v. Tucson, Adams v. United States and Counts 1 
        through 4 of the consolidated claims of Alvarez v. Tucson as 
        executed by the parties and filed with the court.
            ``(30) Shortage year.--The term `shortage year' means any 
        calendar year for which the Secretary has declared a water 
        shortage on the Colorado River pursuant to the agreement of 
        December 11, 1980, and applicable Federal law.
            ``(31) Subjugate.--The term `subjugate' means to prepare 
        land for the growing of crops through irrigation.
            ``(32) Transaction date.--The term `transaction date' means 
        the date designated by the Nation on which the Nation intends 
        to enter into a sale, assignment, exchange, lease, option to 
        lease or other disposal of water pursuant to section 310(c).-
            ``(33) Tucson management area.--The term `Tucson Management 
        Area' means the area of land corresponding to the area 
        initially designated as the Tucson Active Management Area 
        pursuant to the Arizona Groundwater Management Act of 1980 
        (session laws of the State of Arizona, 1980, 34th legislature, 
        fourth special session, chapter 1) (subsequently divided into 
        the Tucson Active Management Area and the Santa Cruz Active 
        Management Area pursuant to Arizona Laws of 1994, Ch. 296) and 
        that part of the Upper Santa Cruz Basin not within the area 
        initially designated as the Tucson Active Management Area.
            ``(34) Tucson interim water lease.--The term `Tucson 
        Interim Water Lease' means the lease between the city of 
        Tucson, Arizona and the Nation, dated October 24, 1992, as 
        amended and extended.
            ``(35) Tucson water lease.--The term `Tucson Water Lease' 
        means the lease between the city of Tucson, Arizona and the 
        Nation referred to in section 310(j).
            ``(36) Turnout.--The term `turnout' means, with respect to 
        the Central Arizona Project, a point of water delivery on the 
        Central Arizona Project aqueduct.
            ``(37) Underground storage.--The term `underground storage' 
        means direct storage, indirect storage and deferred storage as 
        described in section 308.
            ``(38) United states v. tucson.--The term `United States v. 
        Tucson' means United States et al. v. the City of Tucson, et 
        al. (Civ. No. 75-39 TUC consol. with Civ. No. 75-51 TUC-FRZ (D. 
        Ariz.)).
            ``(39) Value.--The term `value' means the value attributed 
        to the water based on the anticipated or actual use of the 
        water, or its fair market value, whichever is greater.

``SEC. 304. WATER DELIVERY AND CONSTRUCTION OBLIGATIONS.

    ``(a) Water Delivery.--With respect to the agreement entered into 
by the Nation on October 11, 1983, with the United States as required 
by section 306(a) (as in effect on the day before the date of enactment 
of the Arizona Water Settlement Act of 2000), the Secretary shall 
deliver, on an annual basis, from the main project works of the Central 
Arizona Project, a total of 37,800 acre-feet of water suitable for 
agricultural use, of which--
            ``(1) 27,000 acre-feet shall be deliverable for use to the 
        San Xavier Indian Reservation or shall otherwise be used in 
        accordance with section 310; and
            ``(2) 10,800 acre-feet shall be deliverable for use to the 
        eastern Schuk Toak District or shall otherwise be used in 
        accordance with section 310.
    ``(b) Construction.--The Secretary shall, without cost to the 
Nation, allottees, the San Xavier Cooperative Association, or the San 
Xavier Allottees Association, as part of the main project works of the 
Central Arizona Project, design, construct, operate, maintain, and 
replace the delivery and distribution systems appropriate to deliver--
            ``(1) 27,000 acre-feet of water for irrigation use to the 
        San Xavier Indian Reservation; and
            ``(2) 10,800 acre-feet of water for irrigation use to the 
        eastern Schuk Toak District.
    ``(c) Duties of the Secretary.--
            ``(1) Completion of delivery and distribution system and 
        improvement to existing irrigation system.--Except as provided 
        in subsection (d), not later than 2 years after the effective 
        date described in section 317, the Secretary shall complete the 
        design and construction of the delivery and distribution system 
        and, not later than 8 years after such effective date, the 
        Secretary shall complete improvements to the irrigation system 
that serves the Cooperative Farm on such effective date. Upon 
completion of such improvements, the irrigation system shall serve not 
less than 900 and not more than 1,000 net irrigable acres.
            ``(2) Extension of existing irrigation system within the 
        san xavier indian reservation.--Except as provided in 
        subsection (d), not later than 8 years after the effective date 
        described in section 317, the Secretary shall complete the 
        design and construction of the extension of the irrigation 
        system that serves the Cooperative Farm on such effective date. 
        Upon completion of the extension, the irrigation system shall 
        serve 2,289 net irrigable acres.
            ``(3) Irrigation and delivery and distribution systems in 
        the eastern schuk toak district.--Except as provided in 
        subsection (d), not later than 1 year after the effective date 
        described in section 317, the Secretary shall complete the 
        design and construction of an irrigation system and delivery 
        and distribution system to serve a farm of not less than 2,200 
        and not more than 2,400 net irrigable acres in the eastern 
        Schuk Toak District.
    ``(d) Extension of Deadlines.--
            ``(1) In general.--The Secretary may extend a deadline 
        under subsection (c) if the Secretary makes a finding that the 
        deadline cannot be met by reason of--
                    ``(A) a material breach by the contractor of a 
                contract that is relevant to carrying out a project 
                described in subsection (c) (referred to in this 
                subsection as a `relevant contract');
                    ``(B) the inability of a contractor, under a 
                relevant contract, to carry out the contract by reason 
                of force majeure, as defined by the Secretary in the 
                contract;
                    ``(C) unavoidable delays in compliance with 
                applicable Federal and tribal laws (as determined by 
                the Secretary), including the National Environmental 
                Policy Act and the Endangered Species Act; or
                    ``(D) stoppages in work resulting from the 
                imposition of confiscatory or discriminatory taxes or 
                fees.
            ``(2) Notice of finding.--If the Secretary extends a 
        deadline under paragraph (1), the Secretary shall issue a 
        notice and shall--
                    ``(A) include an estimate of the additional period 
                of time needed to complete the project that is the 
                subject of the extension; and
                    ``(B) specify a deadline that provides for a period 
                not longer than the period described in subparagraph 
                (A).
    ``(e) Authority of the Secretary.--To carry out this title, after 
giving reasonable notice, the Secretary is authorized to enter upon, 
construct works on, and take such other actions as are related to the 
entry or construction on lands within the San Xavier District and the 
Schuk Toak District of the Nation, except that the Secretary shall 
comply with all otherwise applicable laws of the Nation (including 
local laws of the San Xavier District and the Schuk Toak District) and 
the United States. Nothing in this subsection shall be construed to 
prevent the United States or any Federal official, agent, employee or 
contractor from conducting official Federal business or duties, 
including obligations under this title within the eastern Schuk Toak 
District and the San Xavier District.
    ``(f) Payments to the San Xavier District.--
            ``(1) Construction of Irrigation System.--Pursuant to 
        section 303(a)(1)(B) (as in effect on the day before the date 
        of enactment of the Arizona Water Settlement Act of 2000), the 
        Secretary shall provide for the design and construction, within 
        the San Xavier Indian Reservation, of an irrigation system 
        which includes additional canals, laterals, farm ditches, and 
        irrigation works as are necessary for the efficient 
        distribution for agricultural purposes of that portion of the 
        27,000 acre-feet of water not required for the irrigation 
        system described in paragraphs (1)(A) and (2)(A) of section 
        303(c) (as in effect on the day before the date of enactment of 
        the Arizona Water Settlement Act of 2000).
            ``(2) Payment in lieu of obligation.--The Secretary of the 
        Treasury shall, not later than 1 year after the end of the 
        fiscal year that includes the effective date described in 
        section 317, pay to the San Xavier District $18,300,000 in lieu 
        of the United States fulfilling its obligations to construct 
        `such additional canals, laterals, farm ditches and irrigation 
        works as are necessary for the efficient distribution for 
        agricultural purposes of the water referred to in subparagraph 
        (A)' as required by section 303(a)(1)(B) (as in effect on the 
        day before the date of enactment of the Arizona Water 
        Settlement Act of 2000).
    ``(g) Use of Funds.--
            ``(1) In general.--With respect to funds received under 
        subsection (f), the San Xavier District--
                    ``(A) shall hold such funds in trust and invest 
                such funds in interest-bearing deposits and securities 
                until expended;
                    ``(B) may expend the principal of such funds, and 
                the interest and dividends accruing thereon, only 
                pursuant to a budget authorized by the San Xavier 
                District Council and approved by resolution of the 
                Nation's Legislative Council; and
                    ``(C) expend such funds--
                            ``(i) for the subjugation of land, 
                        development of water resources, and the 
                        construction, operation, maintenance, and 
                        replacement of the facilities within the San 
                        Xavier Indian Reservation that are not the 
                        obligation of the United States under this 
                        title or under any other provision of law;
                            ``(ii) to provide governmental services, 
                        including senior citizen programs, health care, 
                        education, economic development loans and 
                        assistance, and legal assistance programs;
                            ``(iii) to provide benefits to the 
                        allottees;
                            ``(iv) to fund activities of the San Xavier 
                        Allottees Association; and
                            ``(v) to pay any administrative costs 
                        incurred by the Nation or the San Xavier 
                        District in conjunction with any of the 
                        activities described in clauses (i) through 
                        (iv).
            ``(2) No liability of secretary; limitation.--The Secretary 
        shall not be responsible for the review, approval or audit of 
        the use and expenditure of the funds referred to this 
        subsection and subsection (f), nor shall the Secretary be 
        subject to liability for any claim or cause of action arising 
        from the Nation's or the San Xavier District's use and 
        expenditure of such funds. No portion of such funds shall be 
        used for per capita payments to any members of the Nation or 
        allottees.

``SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER 
              SUPPLIES.

    ``(a) Amendment of Agreements.--The Secretary and the Nation shall 
make such amendments to the agreement of December 11, 1980, and the 
agreement of October 11, 1983, as are necessary to carry out this 
title.
    ``(b) Delivery of Water.--
            ``(1) In general.--The Secretary shall deliver water from 
        the main project works of the Central Arizona Project, in such 
        amounts, and according to such terms and conditions, as are set 
        forth in the Agreement of December 11, 1980, and the Agreement 
        of October 11, 1983 (including any amendments made to the 
        agreements pursuant to subsection (a)), to any or all of the 
        following:
                    ``(A) The San Xavier Cooperative Farm.
                    ``(B) The eastern Schuk Toak District.
                    ``(C) Turnouts existing on the date of enactment of 
                the Arizona Water Settlement Act of 2000, as specified 
                in writing by the Nation.
                    ``(D) Any other point or points of delivery on the 
                Central Arizona Project main aqueduct agreed to by the 
                Secretary and the Nation.
            ``(2) Delivery.--The Secretary shall deliver the water 
        specified in section 304(a) and section 306, or an equivalent 
        quantity from the source identified in subsection (c), 
        notwithstanding--
                    ``(A) a declaration by the Secretary of a water 
                shortage on the Colorado River; or
                    ``(B) any other occurrence affecting water delivery 
                caused by an act or omission of the Secretary, the 
                United States, or any of their employees, officials, 
                contractors or agents.
    ``(c) Acquisition of Land and Water.--
            ``(1) In general.--If the Secretary, pursuant to the terms 
        and conditions of the agreements referred to in subsection 
        (b)(1), is unable, during any year, to deliver from the main 
        project works of the Central Arizona Project any portion of the 
        full amount of water specified in paragraphs (1) and (2) of 
        section 304(a) and section 306, the Secretary shall acquire and 
        deliver an equivalent quantity of water from any source, except 
        that the Secretary shall not acquire any water in a transaction 
        which would cause depletion of ground water supplies or 
        aquifers in the San Xavier District or the eastern Schuk Toak 
        District. The Secretary may acquire private lands or interests 
        therein having rights in surface or ground water recognized 
        under State law, that are necessary for the acquisition and 
        delivery of water under this subsection.
            ``(2) Prohibition on taking.--The Secretary may not acquire 
        any land, water, water rights, or contract rights under 
        paragraph (1) without the consent of the owner.
            ``(3) Preference.--In acquiring any private lands, the 
        Secretary shall give preference to the acquisition of lands 
        upon which water has been put to beneficial use during any 1-
        year period during the 5-year period preceding the date of 
        acquisition of the water.
            ``(4) Deliveries from acquired lands.--Deliveries of water 
        from lands described in paragraph (1) shall be made only to the 
        extent such water may be transported within the Tucson 
        management area pursuant to applicable law.
            ``(5) Delivery of effluent.--Except upon the prior written 
        consent of the Nation, the Secretary shall not directly deliver 
        effluent to the Nation under this subsection. The Secretary 
        shall not construct a separate delivery system to deliver 
        effluent to the San Xavier Indian Reservation or the eastern 
        Schuk Toak District. Nothing in this paragraph shall be 
        construed as imposing an obligation on the United States to 
        deliver effluent to the Nation.
    ``(d) Agreements and Contracts.--To facilitate the delivery of 
water to the San Xavier Indian Reservation and the eastern Schuk Toak 
District under this title, the Secretary may enter into a contract or 
agreement with the State of Arizona or any political subdivision of the 
State, an irrigation district or project, or an authority, corporation, 
partnership, individual, or other legal entity--
            ``(1) for--
                    ``(A) the exchange of water; or
                    ``(B) the use of aqueducts, canals, conduits, and 
                other facilities for water delivery, including pumping 
                plants; or
            ``(2) to use facilities constructed in whole or in part 
        with Federal funds.
    ``(e) Damages and Disbursements.--
            ``(1) Damages.--If the Secretary is unable to acquire and 
        deliver sufficient quantities of water that are adequate to 
        fulfill the obligations of the Secretary under paragraphs (1) 
        and (2) of section 304(a), this section, or section 306, the 
        Secretary shall pay damages in amounts equal to--
                    ``(A)(i) the value of such quantities of water as 
                are not acquired and delivered where the delivery and 
                distribution system for, and the improvements to, the 
                existing irrigation system for the cooperative farm 
                have not been completed by the deadline described in 
                section 304(c)(1)(A); or
                    ``(ii) the value of such quantities of water 
                ordered by the Nation for use by the cooperative 
                association in the existing irrigation system and not 
                delivered in any calendar year;
                    ``(B)(i) the value of such quantities of water as 
                are not acquired and delivered where the extension of 
                the existing irrigation system is not completed by the 
                deadline described in section 304(c)(2)(A); or
                    ``(ii) the value of such quantities of water 
                ordered by the Nation for use by the cooperative 
                association in the extension to the existing irrigation 
                system and not delivered in any calendar year; and
                    ``(C)(i) the value of such quantities of water as 
                are not acquired and delivered where the irrigation 
                system is not completed by the deadline described in 
                section 304(c)(3); or
                    ``(ii) except as provided in clause (i), the value 
                of such quantities of water ordered by the Nation for 
                use in such irrigation system or for use by any person 
                or entity, other than the cooperative association, and 
                not delivered in any calendar year;
            ``(2) Disbursement.--The damages payable pursuant to 
        paragraph (1) shall be disbursed as follows:
                    ``(A) With respect to damages payable under 
                subparagraphs (A) and (B) of such paragraph, to the 
                cooperative association.
                    ``(B) With respect to damages payable under 
                subparagraph (C) of such paragraph, to the Nation for 
                retention by the Nation or disbursement to water users, 
                pursuant to the provisions of the Nation's water code 
                or other applicable laws of the Nation.
    ``(f) Statutory Construction.--Nothing in this section shall be 
construed to authorize the Secretary to acquire or disturb the water 
rights of any Indian tribe, band, group, or community.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated, 
        in addition to any other amounts authorized to be appropriated 
        under this title, an amount equal to the portion of the total 
        costs of phase B of the Tucson Aqueduct of the Central Arizona 
        Project that the Secretary determines to be properly allocable 
        to the construction of facilities for the delivery of water to 
        Indian lands under this title.
            ``(2) Authority for cash out payments.--There is authorized 
        to be appropriated, $18,300,000 to make the payment required in 
        section 304(f).
            ``(3) Additional authorization.--There is authorized to be 
        appropriated, not to exceed $3,500,000 to be used for those 
        features of the irrigation systems described in paragraphs (1) 
        through (3) of section 304(c) that are not authorized to be 
        constructed under any other provision of law. The amount 
        described in the preceding sentence may be adjusted to account 
        for ordinary fluctuations in the costs of construction from 
        October 12, 1982, as indicated by engineering cost indices 
        applicable to the type of construction involved.

``SEC. 306. ADDITIONAL WATER DELIVERY.

    ``(a) In General.--In addition to the delivery of water described 
in section 304(a), the Secretary shall deliver, on an annual basis, 
from the main project works of the Central Arizona Project, a total of 
28,200 acre feet of water suitable for agricultural use, of which--
            ``(1) 23,000 acre feet shall be deliverable for use to the 
        San Xavier Indian Reservation or shall otherwise be used in 
        accordance with section 310; and
            ``(2) 5,200 acre feet shall be deliverable for use to the 
        eastern Schuk Toak District or shall otherwise be used in 
        accordance with section 310.
    ``(b) Firming of Section 305 Water.--
            ``(1) In general.--The source of water to meet the 
        obligation described in subsection (a) shall be Central Arizona 
        Project Non-Indian Agricultural (referred to in this section as 
        `NIA') priority water. The Secretary is authorized and directed 
        to firm such NIA priority water against the potential of future 
        shortages within the Central Arizona Project system to a 
        priority equal to Central Arizona Project Municipal and 
        Industrial priority water for a 100-year period. Reclaimed 
        water available to the Secretary from the city of Tucson 
        agreement of October 11, 1983, may be used for such firming 
        obligation.
            ``(2) Definitions.--In this section:
                    ``(A) M&I priority water.--The term `M&I priority 
                water' means Central Arizona Project water having a 
                municipal and industrial delivery priority under the 
                Central Arizona Project Master Repayment Contract.
                    ``(B) NIA priority water.--The term `NIA priority 
                water' means Central Arizona Project water having a 
                non-Indian agricultural delivery priority under the 
                Central Arizona Project Master Repayment Contract.
    ``(c) State Contribution.--To assist the Secretary in meeting the 
firming obligation under subsection (b), the State of Arizona shall 
contribute not to exceed $3,000,000, on a mutually acceptable schedule 
of funding or services through the Arizona Water Banking Authority, for 
firming the NIA priority water to a priority equal to Central Arizona 
Project M&I priority water for a 100 year period.

``SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIVERY, REVENUE 
              SHARING.

    ``(a) Conditions to Secretary's Actions.--The Secretary shall carry 
out the obligations under paragraphs (1), (2) and (3) of section 
304(c), subsections (b), (c) and (e) of section 305, and section 306 
only if--
            ``(1) the Nation agrees--
                    ``(A) except as provided in section 308, to limit 
                the quantity of ground water withdrawn by nonexempt 
                wells from beneath the San Xavier Indian Reservation to 
                not more than 10,000 acre-feet per year;
                    ``(B) except as provided in section 308, to limit 
                the quantity of ground water withdrawn by nonexempt 
                wells from beneath the eastern Schuk Toak District to 
not more than 3,200 acre-feet per year;
                    ``(C) to comply with the Water Management Plan 
                established by the Secretary under section 308;
                    ``(D) to consent to the San Xavier District being 
                deemed a `tribal organization' as defined in section 
                900.6 of title 25, Code of Federal Regulations, (or any 
                subsequent similar regulation) pursuant to section 
                900.8(d) of such title, and subject to compliance with 
                other applicable provisions of part 900 of title 25, 
                Code of Federal Regulations, (or any subsequent similar 
                regulation) to consent to contracting by the San Xavier 
                District under section 313(b), on the condition that--
                            ``(i) the plaintiffs in United States v. 
                        Tucson, Alvarez v. Tucson and Adams v. United 
                        States have stipulated to the dismissal, with 
                        prejudice, of claims in such lawsuits (other 
                        than the claims in Alvarez v. Tucson that are 
                        preserved under section 315(d)) and those 
                        lawsuits have been finally dismissed with 
                        prejudice;
                            ``(ii) the San Xavier Cooperative 
                        Association has agreed to assume 
                        responsibility, following the completion of 
                        each of the irrigation systems described in 
                        paragraphs (1) and (2) of section 303(c) and 
                        upon the delivery of water through such system, 
                        for the operation, maintenance and replacement 
                        of such system in accordance with the first 
                        section of the Act of August 1, 1914 (25 U.S.C. 
                        385); and
                            ``(iii) with respect to the consent of the 
                        Nation to such contracting--
                                    ``(I) such consent is limited 
                                solely to contracts for--
                                            ``(aa) the design and 
                                        construction of the delivery 
                                        and distribution system and the 
                                        rehabilitation of the existing 
                                        irrigation system for the 
                                        Cooperative Farm, the extension 
                                        of the irrigation system for 
                                        the Cooperative Farm, and the 
                                        subjugation of lands to be 
                                        served by such systems;
                                            ``(bb) the design and 
                                        construction of storage 
                                        facilities solely for water 
                                        deliverable for use within the 
                                        San Xavier Indian Reservation; 
                                        and
                                            ``(cc) the completion of a 
                                        water resources study of the 
                                        San Xavier Indian Reservation 
                                        and the preparation of a Water 
                                        Management Plan under section 
                                        308;
                                    ``(II) the Nation shall reserves 
                                the right to seek retrocession, or 
                                reassumption of any such contract and 
                                recontracting with the Nation pursuant 
                                to subpart P and other applicable 
                                provisions of part 900 of title 25, 
                                Code of Federal Regulations (or any 
                                subsequent similar regulations);
                                    ``(III) the Nation, upon giving 
                                such consent, shall be released from 
                                any responsibility, liability, claim, 
                                or cost from and after the date of such 
                                consent, with respect to past action or 
                                inaction by the Nation, and subsequent 
                                action or inaction by the San Xavier 
                                District relating to the design and 
                                construction of irrigation systems for 
                                the Cooperative Farm or the Central 
                                Arizona Project Link Pipeline; and
                                    ``(IV) the Secretary shall, upon 
                                the request of the Nation, execute a 
                                waiver and release that conforms to the 
                                requirements of subparagraph (E);
                    ``(E) to subjugate, at no cost to the United 
                States, the lands for which the irrigation systems 
                under paragraphs (2) and (3) of section 303(c) will be 
                planned, designed, and constructed by the Secretary, on 
                the condition that--
                            ``(i) the obligation of the Nation to 
                        subjugate the lands in the Cooperative Farm 
                        that are to be served by the extension of the 
                        existing irrigation system pursuant to section 
                        303(c)(2) shall be determined by the Secretary, 
                        in consultation with the Nation and the San 
                        Xavier Cooperative Association; and
                            ``(ii) subject to approval by the Secretary 
                        of a contract with the San Xavier District 
                        pursuant to section 313(b) to perform such 
                        subjugation, a determination by the Secretary 
                        of the subjugation costs pursuant to clause (i) 
                        and notice by the San Xavier District to the 
                        Nation not less than 180 days prior to the date 
                        the District Council certifies by resolution 
                        that the subjugation is scheduled to commence, 
                        the Nation shall pay to the San Xavier District 
                        from the section 311 trust fund, or from other 
                        sources of funds held by the Nation, the amount 
                        determined by the Secretary pursuant to clause 
                        (i), not less than 90 days prior to the date 
                        the subjugation is scheduled to commence; and
                    ``(F) subject to pre-existing rights and section 7 
                of the Act of February 8, 1887 (25 U.S.C. 381), this 
                title, other applicable laws of the United States, the 
                Water Management Plan developed under section 308, the 
                Nation's water code and other applicable laws of the 
                Nation, that the Nation--
                            ``(i) shall--
                                    ``(I) allocate as a first right of 
                                beneficial consumptive use by 
                                allottees, the San Xavier District 
and other persons within the San Xavier Indian Reservation--
                                            ``(aa) 35,000 acre-feet of 
                                        the 50,000 acre-feet of water 
                                        deliverable under sections 
                                        304(a)(1) and 306(a)(1), 
                                        including the use of such 
                                        allocation to fulfill the 
                                        obligations prescribed in the 
                                        Asarco Agreement referred to in 
                                        section 310(l)(2) and for 
                                        ground water storage, 
                                        maintenance of instream flows 
                                        and maintenance of riparian 
                                        vegetation and habitat;
                                            ``(bb) the 10,000 acre-feet 
                                        of ground water identified in 
                                        section 307(a)(1)(A);
                                            ``(cc) the ground water 
                                        withdrawn from exempt wells;
                                            ``(dd) the deferred pumping 
                                        storage credits identified in 
                                        section 308(e); and
                                            ``(ee) the direct and 
                                        indirect storage credits 
                                        respectively identified in 
                                        subsections (d) and (g) of 
                                        section 308 which cannot be 
                                        lawfully transferred or 
                                        otherwise disposed of to 
                                        persons for recovery outside 
                                        the territorial jurisdiction of 
                                        the Nation; and
                                    ``(II) have the right to--
                                            ``(aa) use, or authorize 
                                        other persons or entities to 
                                        use, any portion of the 
                                        allocation of 35,000 acre-feet 
                                        of water deliverable under 
                                        sections 304(a)(1) and 
                                        306(a)(1) outside the San 
                                        Xavier Indian Reservation for 
                                        the period or periods during 
                                        which there is no identified 
                                        actual use of the water within 
                                        such Reservation;
                                            ``(bb) as a first right of 
                                        use, use the remaining 15,000 
                                        acre-feet of water deliverable 
                                        under section 304(a)(1) and 
                                        306(a)(1) for any purpose and 
                                        duration within or outside the 
                                        territorial jurisdiction of the 
                                        Nation authorized by this 
                                        title; and
                                            ``(cc) subject to the 
                                        limitations in subsections 
                                        (c)(2)(F) and (d)(4) of section 
                                        308, as an exclusive right, 
                                        transfer or otherwise dispose 
                                        of the direct and indirect 
                                        storage credits which may be 
                                        lawfully transferred or 
                                        otherwise disposed of to 
                                        persons for recovery outside 
                                        the territorial jurisdiction of 
                                        the Nation;
                            ``(ii) shall issue permits to persons or 
                        entities for use of the water resources 
                        referred to in clause (i);
                            ``(iii) shall, upon timely receipt of water 
                        orders by a permittee under a permit for 
                        Central Arizona Project water referred to in 
                        clause (i), transmit such orders to the United 
                        States or operating agency for the Central 
                        Arizona Project;
                            ``(iv) shall issue permits for water 
                        deliverable under sections 304(a)(2) and 
                        306(a)(2), including quantities of water 
                        reasonably necessary for the irrigation system 
                        referred to in section 304(c)(3);
                            ``(v) shall issue permits for ground water 
                        withdrawable from non-exempt wells in the 
                        eastern Schuk Toak District; and
                            ``(vi) shall, upon timely receipt of water 
                        orders by a permittee under a permit for water 
                        referred to in clause (iv), transmit such 
                        orders to the United States or operating agency 
                        for the Central Arizona Project; and
            ``(2) the plaintiffs in United States v. Tucson, Alvarez v. 
        Tucson and Adams v. United States have stipulated to the 
        dismissal, with prejudice, of claims in such lawsuits (other 
        than the claims in Alvarez v. Tucson preserved under section 
        315(d)) and those lawsuits have been dismissed with prejudice.
    ``(b) Responsibilities Upon Completion.--Upon completion of an 
irrigation system described in paragraphs (1) or (2) of section 303(c), 
the United States and the Nation shall not be responsible for the 
operation, maintenance, or replacement of the system.

``SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STORAGE PROJECTS; 
              STORAGE ACCOUNTS; GROUND WATER.

    ``(a) In General.--Certain water rights recognized as owned by the 
Nation under this title shall be subject to the provisions of section 7 
of the Act of February 8, 1887 (25 U.S.C. 381) relating to allottee 
water rights. Such water rights are the rights described in section 
307(a)(1)(F)(i), excluding the rights of the Nation identified in 
section 307(a)(1)(F)(i)(II).
    ``(b) Water Code.--Subject to the provisions of this title and any 
other applicable law, the Nation shall--
            ``(1) manage, regulate, and control the water resources of 
        the Nation including the water resources granted to the Nation 
        under this title;
            ``(2) establish permit requirements, regulations, 
        conditions, and limitations on the storage, recovery, and use 
        of surface water and ground water; and
            ``(3) enact and maintain--
                    ``(A) not later than 3 years after the effective 
                date described in section 317, a comprehensive water 
                code pertaining to those water resources which the 
                Nation or the United States owns or holds for the 
                benefit of the lands within the territorial 
                jurisdiction of the Nation, the Indians residing 
                thereon with respect to those lands, the members of the 
                Nation, or any allottee; and
                    ``(B) an Interim Allottee Water Rights Code that--
                            ``(i) designates, pursuant to subsection 
                        (a), those water rights recognized as owned by 
                        the Nation under this title and subject to 
                        section 7 of the Act of February 8, 1887 (25 
                        U.S.C. 381);
                            ``(ii) prescribes the other rights of 
                        allottees identified in paragraph (4); and
                            ``(iii) provides that such code shall be 
                        incorporated in the comprehensive water code 
                        referred to in subparagraph (A) and in a form 
                        substantially the same as that attached to the 
                        settlement agreement;
            ``(4) include in the water code--
                    ``(A) an acknowledgement of the rights set forth in 
                subsection (a);
                    ``(B) a process by which a just and equitable 
                distribution of the water resources referred to in 
                subsection (a) and damages pursuant to section 305(e) 
                shall be provided to allottees;
                    ``(C) a process by which an allottee may request 
                and receive a permit for use of the water resources 
                referred to in subsection (a) which are subject to a 
                first right of beneficial consumptive use or are 
                otherwise available under section 
                307(a)(1)(F)(i)(II)(bb), subject to the Nation's first 
                right of use;
                    ``(D) due process protection of members of the 
                Nation and allottees, that include--
                            ``(i) a fair procedure for the 
                        consideration and determination of any request 
                        by--
                                    ``(I) a member of the Nation for a 
                                permit for use of available water 
                                resources granted or confirmed by this 
                                title; and
                                    ``(II) an allottee for a permit for 
                                use of the water resources identified 
                                in section 307(a)(1)(F)(i) and subject 
                                to a first right of beneficial 
                                consumptive use or for a permit for use 
                                of available water resources identified 
                                in section 307(a)(1)(F)(i)(II)(bb), 
                                subject to the Nation's first right of 
                                use;
                            ``(ii) an appeal and adjudication of denied 
                        or disputed permits and for resolution of 
                        contested administrative decisions; and
                            ``(iii) a waiver by the Nation of its 
                        immunity only as to proceedings described in 
                        clause (ii) for claims of declaratory and 
                        injunctive relief; and
                    ``(E) a process for satisfying any entitlement to 
                the water resources referred to in subparagraph (C) for 
                which a fee owner of allotted land has received a final 
                determination under applicable law; and
            ``(5) submit the water code to the Secretary solely for 
        ratification and approval of the provisions of the water code 
        which implement, as to the allottees, the standards described 
        in paragraph (4).
The Secretary shall issue a written ratification and approval of the 
water code or provide a written notification to the Nation identifying 
each instance in which the water code does not satisfactorily conform 
to the standards described in paragraph (4) and setting forth specific 
corrective language for each asserted deficiency. In the event that the 
Secretary provides written notification of the need to correct the 
water code to comply with the standards described in paragraph (4), the 
Nation shall amend the water code consistent with the Secretary's 
recommendations. Until such time as the Nation amends the water code 
consistent with the Secretary's recommendations and the Secretary, 
thereafter, ratifies and approves the water code, the Secretary shall 
have the right to exercise any lawful authority conferred in section 7 
of the Act of February 8, 1887 (25 U.S.C. 381). Except as provided in 
this subsection, nothing in this title shall be construed as requiring 
the approval by the Secretary of the Nation's water code or any 
amendment thereto.
    ``(c) Water Management Plans.--The Secretary shall establish water 
management plans for the San Xavier Indian Reservation and the eastern 
Schuk Toak District (referred to in this section as the `Plans'). The 
Plans shall--
            ``(1) be developed under contracts for the San Xavier 
        Indian Reservation in an amount not to exceed $891,200 and the 
        eastern Schuk Toak District in an amount not to exceed $237,200 
        that the Secretary shall enter into with the Nation pursuant to 
        subsection 313(a);
            ``(2) at a minimum, provide in the Plans--
                    ``(A) for the measurement of all ground water 
                withdrawals, including withdrawals from each well that 
                is not an exempt well under paragraph 303(14);
                    ``(B) for reasonable recordkeeping of water use, 
                including the quantities of water stored underground 
                and recovered each calendar year, and a system for the 
                reporting of withdrawals from each well that is not an 
                exempt well;
                    ``(C) for the direct storage, indirect storage and 
                deferred storage of water, including the implementation 
                of underground storage and recovery projects, as 
                provided for under this section;
                    ``(D) for the annual exchange of information 
                collected pursuant to subparagraphs (A) through (C) 
                with the Arizona Department of Water Resources and the 
                city of Tucson, Arizona;
                    ``(E) for the efficient use of water and the 
                prevention of waste;
                    ``(F) except upon the approval of the District 
                Council for the District in which a direct storage 
                project is established under subsection (d), that no 
                direct storage credits earned in such project be 
                recovered at locations where the recovery will 
                adversely affect surface or ground water supplies or 
                lower the water table anywhere within such District; 
                and
                    ``(G) for amendments to the Plans consistent with 
                this title; and
            ``(3) be implemented and maintained by the Nation, and for 
        which the Secretary shall have no continuing obligation.
    ``(d) Underground Storage and Recovery Projects.--
            ``(1) Establishment.--The Plans shall authorize the 
        establishment and maintenance of one or more underground 
        storage and recovery projects within the San Xavier Indian 
        Reservation and the eastern Schuk Toak District.
            ``(2) Direct storage account.--For each underground storage 
        or recovery project which is established under paragraph (1), a 
        direct storage account shall be maintained to credit the 
        quantities of water stored underground and to debit the water 
        recovered pursuant to the storage credits.
            ``(3) Crediting and debiting account.--The Nation, at the 
        end of each calendar year, beginning with the first full 
        calendar year after the effective date described in section 
        317, shall--
                    ``(A) for each storage project under paragraph (1), 
                credit the quantity of water stored underground within 
                the San Xavier Indian Reservation and within the 
                eastern Schuk Toak District during the year; and
                    ``(B) for each recovery project under paragraph 
                (1), debit the quantity of water recovered from direct 
                storage during the year.
            ``(4) Limitation.--Direct storage credits in direct storage 
        accounts established for an underground storage and recovery 
        project in the San Xavier Indian Reservation shall be recovered 
        under this subsection only within the San Xavier Indian 
        Reservation pursuant to the Water Management Plan developed for 
        such Reservation pursuant to subsection (c), except that 
        credits which may be lawfully recovered or transferred outside 
        the San Xavier Indian Reservation shall be held by the Nation 
        and subject to recovery or transfer pursuant to the Water 
        Management Plan developed for the Reservation or any agreement 
        for the establishment and operation of the underground storage 
        and recovery project from which the credits were earned.
    ``(e) San Xavier Deferred Pumping Storage Account.--A deferred 
pumping storage account shall be established to credit the quantities 
of water stored underground in lieu of pumping within the San Xavier 
Indian Reservation and debit the water recovered pursuant to the 
deferred pumping storage credits. Such account shall be maintained as 
follows--
            ``(1) to initiate the account, the Nation shall credit an 
        initial 50,000 acre-feet of water to the account;
            ``(2) beginning with the first full calendar year after the 
        effective date described in section 317, the Nation shall--
                    ``(A) if the quantity of ground water withdrawn 
                from all non-exempt wells on the San Xavier Indian 
                Reservation is less than 10,000 acre-feet, credit to 
                the account the difference between 10,000 acre-feet and 
                the quantity of ground water withdrawn that year by all 
                non-exempt wells; or
                    ``(B) if the quantity of ground water withdrawn 
                from all non-exempt wells on the San Xavier Indian 
                Reservation is more than 10,000 acre-feet, debit to the 
                account the difference between the ground water 
                withdrawn from all non-exempt wells and 10,000 acre-
                feet.
    ``(f) Eastern Schuk Toak Deferred Pumping Storage Account.--A 
deferred pumping storage account shall be established to credit the 
quantities of water stored underground in lieu of pumping within the 
eastern Schuk Toak District and debit the water recovered pursuant to 
the deferred pumping storage credits. Such account shall be maintained 
as follows--
            ``(1) to initiate the account, the Nation shall credit an 
        initial 16,000 acre-feet of water to the account;
            ``(2) beginning with the first full calendar year after the 
        effective date described in section 317, the Nation shall--
                    ``(A) if the quantity of ground water withdrawn 
                from all non-exempt wells within the eastern Schuk Toak 
                District is less than 3,200 acre-feet, credit to the 
                account the difference between 3,200 acre-feet and the 
                quantity of ground water withdrawn that year by all 
                non-exempt wells; or
                    ``(B) if the quantity of ground water withdrawn 
                from all non-exempt wells within the eastern Schuk Toak 
                District is more than 3,200 acre-feet, debit to the 
                account the difference between the ground water 
                withdrawn from all non-exempt wells and 3,200 acre-
                feet.
    ``(g) San Xavier Indirect Storage Account.--An indirect storage 
account shall be established to credit the quantities of effluent and 
Central Arizona Project water delivered to a person or entity within 
the San Xavier Indian Reservation in substitution for an equivalent 
reduction in the quantity of ground water withdrawn by such person or 
entity and to debit the water recovered pursuant to the indirect 
storage credits.
    ``(h) Schuk Toak Indirect Storage Account.--An indirect storage 
account shall be established to credit the quantities of effluent and 
Central Arizona Project water delivered to a person or entity within 
the eastern Schuk Toak District in substitution for an equivalent 
reduction in the quantity of ground water withdrawn by such person or 
entity and to debit the water recovered pursuant to the indirect 
storage credits.
    ``(i) Additional Ground Water.--
            ``(1) San xavier indian reservation.--In addition to the 
        10,000 acre-feet of ground water that may be pumped annually 
        within the San Xavier Indian Reservation in accordance with the 
        agreement that the Nation has entered into with the Secretary 
        pursuant to subsection 307(a), the Nation may recover annually 
        within the San Xavier Indian Reservation, all or part of the 
        stored water credits pursuant to subsection (d), deferred 
        pumping storage credits pursuant to subsection (e), and 
        indirect storage credits pursuant to subsection (g), except 
        that the quantity of deferred pumping storage credits recovered 
        under this paragraph shall not exceed 50,000 acre-feet for any 
        10 year period or 10,000 acre-feet in any year.
            ``(2) Schuk toak district.--In addition to the 3,200 acre-
        feet of ground water that the Nation may pump annually within 
        the eastern Schuk Toak District in accordance with the 
        agreement that the Nation has entered into with the Secretary 
        pursuant to subsection 307(a), the Nation may recover annually 
        within the eastern Schuk Toak District, all or part of the 
        stored water credits pursuant to subsection (d), deferred 
        pumping credits pursuant to subsection (f), and indirect 
        storage credits pursuant to subsection (h), except that the 
        quantity of deferred pumping storage credits recovered shall 
        not exceed 16,000 acre-feet for any 10 year period or 3,200 
        acre-feet in any year.
            ``(3) Inability to recover ground water.--The authorization 
        to recover additional ground water pursuant to paragraphs (1) 
        and (2) and the ability of the Nation to withdraw ground water 
        from beneath the eastern Schuk Toak District lying within the 
        Tucson Management Area in excess of the quantities being 
        withdrawn as of January 1, 1981, does not warrant or guaranty 
        that such ground water physically exists or can be recovered. 
        The inability to pump or recover such ground water may not be 
        the basis for any claim by the United States or the Nation 
        against any person or entity withdrawing or using water from 
        any common supply, and the United States and the Nation shall 
        be barred from asserting any and all claims for reserved water 
        rights with respect to any such water.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to establish whether or not there is a 
        reserved right to ground water or whether or not any of the 
        other rights to withdraw and use ground water under this 
        subsection are Federal reserved water rights. Nothing in this 
        section shall be construed to limit the rights that the United 
        States or the Nation would otherwise have under State law.
    ``(j) Exempt Wells.--Exempt wells may be drilled within the San 
Xavier Indian Reservation and within the eastern Schuk Toak District 
and ground water withdrawn from such exempt wells shall not be subject 
to the pumping limitations prescribed in this title.
    ``(k) Inability To Acquire and Deliver Water During Shortage 
Year.--If, during any shortage year, the Secretary is unable, by reason 
of an interruption in delivery or any other reason, to acquire and 
deliver the quantities of water required to fulfill the obligations of 
the Secretary under sections 304(a) and 306(a), and the Nation has no 
remaining credits in either the indirect storage accounts under 
subsections (f) or (g) or deferred pumping storage accounts established 
under subsections (d) or (e), the Nation may, during the shortage year 
pump an additional quantity of ground water equal to--
            ``(1) with respect to water from the San Xavier Indian 
        Reservation--
                    ``(A) the quantity of acre-feet of water delivered 
                by the Secretary to the San Xavier Indian Reservation 
                in the most recent year that is not a shortage year; 
                less
                    ``(B) the quantity of acre-feet of water delivered 
                in the shortage year; and
            ``(2) with respect to water from the eastern Schuk Toak 
        District--
                    ``(A) the quantity of acre-feet of water delivered 
                by the Secretary to the eastern Schuk Toak District in 
                the most recent year that is not a shortage year; less
                    ``(B) the quantity of acre-feet of water delivered 
                in the shortage year.
    ``(l) Inability To Acquire and Deliver Water During Nonshortage 
Year.--If, during a year other than a shortage year, the delivery of 
water by the Secretary to the San Xavier Indian Reservation or the 
eastern Schuk Toak District is interrupted, and the Nation has no 
remaining credits in either the direct account of an underground 
storage and recovery project established under subsection (c) or a 
deferred pumping storage account established under subsections (d) or 
(e), the Nation may, during the period of such interruption, pump an 
additional quantity of ground water equivalent to the quantity of water 
delivered by the Secretary to the San Xavier Indian Reservation or the 
eastern Schuk Toak District, respectively, during the same period of 
time during the most recent preceding nonshortage year.
    ``(m) Statutory Construction.--
            ``(1) Payment of damages.--Nothing in subsection (k) or (l) 
        shall be construed to affect, or relieve the Secretary from, 
        any obligation to pay damages as provided for in subsection 
        305(e).
            ``(2) Federal reserved rights.--Nothing in this title shall 
        be construed to establish the applicability or inapplicability 
        of any doctrine of Federal reserved rights to ground water.

``SEC. 309. STATUS OF LANDS ACQUIRED IN EXCHANGE FOR LANDS WITHIN THE 
              GILA BEND INDIAN RESERVATION.

    ``(a) In General.--Lands acquired to replace lands within the Gila 
Bend Indian Reservation that are rendered unsuitable for agriculture by 
reason of the operation of the Painted Rock Dam and lands taken into 
trust pursuant to section 308(c) (as in effect on the day before the 
date of enactment of the Arizona Water Settlement Act of 2000) shall be 
deemed to have been reserved as of the date of the reservation of the 
lands which they replace.
    ``(b) Part of Reservation.--The lands exchanged under this title 
shall be held in trust for the Nation and shall be part of the Gila 
Bend Reservation for all purposes. Such lands shall be deemed to have 
been reserved as of the date of the reservation of the lands for which 
they are exchanged.

``SEC. 310. USES OF WATER.

    ``(a) Permissible Uses.--
            ``(1) In general.--Any use of water referred to in this 
        section or other provisions of this title shall be subject to 
        the limitations imposed herein or by other applicable law.
            ``(2) Specific uses.--The Nation shall have the right to 
        devote all water supplies granted or confirmed to the Nation 
        under this title, whether delivered by the Secretary or pumped 
        by the Nation, to any use, including any agricultural, 
        municipal, domestic, industrial, commercial, mining, 
        underground storage, instream flows, maintenance of riparian 
        habitat or recreational use.
    ``(b) Use Area.--
            ``(1) Use within reservation.--Subject only to the 
        limitations contained in subsection (d), the Nation may use the 
        water supplies acquired pursuant to sections 304(a) and 306(a), 
        ground water supplies, and direct, indirect and deferred 
        pumping storage credits acquired under sections 307 and 308 
        anywhere within the Nation's territorial jurisdiction.
            ``(2) Use outside reservation.--
                    ``(A) In general.--Water received by the Nation 
                pursuant to this title may only be sold, leased, 
                transferred, or used outside of the Nation's 
                territorial jurisdiction, as authorized by this title.
                    ``(B) Use within certain area.--Subject only to the 
                limitations contained in subsection (c), the Nation may 
                use the water supplies acquired pursuant to sections 
                304(a) and 306(a) within the Central Arizona Project 
                Service Area.
                    ``(C) Compliance with laws.--The Nation may use the 
                ground water supplies and direct storage credits and 
                the indirect storage credits acquired under section 308 
                anywhere outside of the Nation's territorial 
                jurisdiction and within the State of Arizona, subject 
                to compliance with applicable State laws.
                    ``(D) Limitation.--None of the water supplies 
                acquired pursuant to sections 304(a) and 306(a) shall 
                be leased, exchanged, forborne or otherwise transferred 
                in any way by the Nation for use directly or indirectly 
                outside of the State of Arizona. Nothing in this title 
                shall be construed as a limitation on the Nation's 
                ability to enter into any agreement with the Arizona 
                Water Banking Authority, or its successor agency or 
                entity, in accordance with State law.
    ``(c) Exchanges and Leases; Conditions on Exchanges and Leases; 
Right of First Refusal.--
            ``(1) In general.--The Nation may, for a term of not to 
        exceed 100 years, assign, exchange, lease, provide an option to 
        lease, or temporarily dispose of water to which the Nation is 
        entitled to under sections 304(a) and 306(a) and direct and 
        indirect storage credits acquired under sections 307 and 308 to 
        users outside the Nation's territorial jurisdiction if such 
        assignment, exchange, lease, option, or disposal is in 
        accordance with this subsection.
            ``(2) Limitation on alienation.--The Nation may not 
        permanently alienate any water rights under paragraph (1).
            ``(3) Authorized uses.--The water described in paragraph 
        (1) shall be delivered within the Central Arizona Project 
        Service Area for any use authorized under applicable laws 
        governing the user.
            ``(4) Contract.--The transaction with respect to water 
        described in paragraph (1) shall be made pursuant to a contract 
        that the Nation has accepted and ratified pursuant to a 
        resolution of the Nation's Legislative Council, and shall be 
        approved by the Secretary as trustee of the Nation.
            ``(5) Actions.--The contract referred to in paragraph (4) 
        shall specifically provide that an action may be maintained by 
        the contracting party against the United States and the 
        Secretary for a breach of the contract by the United States or 
        Secretary.
            ``(6) Terms exceeding 25 years.--
                    ``(A) Offers.--In the event that the Nation offers 
                a contract under paragraph (4) with a term of more than 
                25 years, the Nation shall agree to initially make such 
                offer to users within the Tucson Management Area.
                    ``(B) Arbitration.--In the event that a party 
                proposes to enter into a contract described in 
                subparagraph (A) for use of the water within the Tucson 
                Management Area, but the Nation and the proposing party 
                cannot agree on the consideration to be paid by the 
                proposing party for such contract, the issue of 
                consideration may be submitted by the Nation or the 
                proposing party to the American Arbitration Association 
                for arbitration by a panel of 3 arbitrators, with any 
                such arbitration proceeding to be conducted in 
                accordance with the Commercial Arbitration Rules of the 
                Association and pursuant to the following:
                            ``(i) In resolving the controversy over 
                        consideration, the arbitrators shall take into 
                        account the consideration given and accepted in 
                        other contracts for the sale, assignment, lease 
                        or option to lease of water of comparable 
                        reliability for comparable terms and with 
comparable contract provisions in the State of Arizona.
                            ``(ii) The final decision or award 
                        resulting from such arbitration shall be 
                        advisory, and shall not be binding or 
                        enforceable against either party. Except with 
                        respect to the United States, the arbitrators' 
                        assessment of costs against the parties shall 
                        be binding and enforceable.
            ``(7) Use outside tucson management area.--In the event 
        that the Nation receives no proposal for the use of the water 
        within the Tucson Management Area under paragraph (6), or the 
        Nation and a proposing party are unable to reach agreement 
        after advisory arbitration under such paragraph, the Nation's 
        offer may be extended for use of the water outside the Tucson 
        Management Area, subject to the provisions of paragraph (8).
            ``(8) Right of first refusal.--
                    ``(A) Submission of information.--On or before the 
                180th day prior to the Transaction Date on which the 
                Nation desires to enter into a transaction under 
                paragraph (4) with an entity intending to use the water 
                acquired pursuant to sections 304(a) and 306(a) and 
                direct and indirect storage credits acquired under 
                sections 307 and 308 outside of the Nation's 
                territorial jurisdiction and the Tucson Management 
                Area, the Nation shall submit to the Secretary, the 
                President of the Central Arizona Water Conservation 
                District, and the Director of the Arizona Department of 
                Water Resources, the proposed transaction and all 
                related exhibits and agreements.
                    ``(B) Notice.--On or before the 150th day prior to 
                the Transaction Date, the Nation, or the Director under 
                agreement with the Nation, shall provide notice of the 
                proposed transaction involved by mail to all current 
                Central Arizona Project contractors and subcontractors 
                in the Tucson Management Area, municipal providers that 
                have member service areas in the Central Arizona 
                Groundwater Replenishment District within the Tucson 
                Management Area, and by publication in a newspaper of 
                general circulation in the city of Tucson, Arizona, 
                once a week for two consecutive weeks.
                    ``(C) Counteroffers.--
                            ``(i) In general.--On or before the 90th 
                        day prior to the Transaction Date, any 
                        qualified entity may submit a counteroffer to 
                        the Nation with a copy to the Director. If the 
                        Nation does not receive any counteroffers from 
                        a qualified entity, it may submit the original 
                        transaction offer for approval under paragraph 
                        (4).
                            ``(ii) Definition.--In clause (i), the term 
                        `qualified entity' means any current Central 
                        Arizona Project contractor or subcontractor 
                        within the Tucson Management Area, any 
                        municipal provider that has a member service 
                        area in the Central Arizona Groundwater 
                        Replenishment District within the Tucson 
                        Management Area, the Arizona Water Banking 
                        Authority so long as it agrees to store the 
                        water within the Tucson Management Area, or any 
                        other entity that agrees to use the water 
                        within the Tucson Management Area and 
                        demonstrates the financial and physical ability 
                        to utilize the water.
            ``(9) Counteroffers.--
                    ``(A) Selection.--If the Nation has received one or 
                more counteroffers from qualified entities, the Nation 
                shall select one or more of such counteroffers that 
                match or are superior to the original transaction 
                offer. A counteroffer matches or is superior to the 
                original transaction offer if it matches the price and 
                other substantive terms of the original transaction 
                offer.
                    ``(B) No matching offer.--If no counteroffer from a 
                qualified entity matches or is superior to the original 
                transaction offer, the Nation may select the original 
                offer.
                    ``(C) Notice.--The Nation shall notify all parties 
                who submitted an offer or counteroffer of its selection 
                and shall submit the selected offer or counteroffer for 
                approval under paragraph (4).
    ``(d) Limitations on Use, Exchanges and Leases.--The rights of the 
Nation to use water supplies pursuant to subsection (a), and to 
exchange, lease, provide options to lease, or temporarily dispose of 
the water supplies pursuant to subsection (c), shall be exercised on 
conditions which assure the availability of water supplies subject to 
the first right of beneficial consumptive use in section 
307(a)(1)(F)(i) and water supplies subject to the provisions of federal 
law identified in section 308(a).
    ``(e) Requirements for Leases.--In any transaction entered into by 
the Nation under subsection (c) with respect to the Nation's Central 
Arizona Project water, the other party shall not be obligated to pay to 
the United States or the Central Arizona Water Conservation District 
water service capital charges or any other charges or payments (other 
than charges and payments for fixed and variable operation, maintenance 
and replacement) for such Central Arizona Project water.
    ``(f) Water Rights Unaffected by Use or Non-Use.--The lack of use 
of water by the Nation or the use or lack of use of water by any person 
or entity with whom the Nation enters into a contract for an exchange, 
lease, option for the lease or disposition of water pursuant to 
subsection (c) shall not diminish, reduce or impair.
            ``(1) the water rights of the Nation, as established under 
        this title or any other applicable law; or
            ``(2) any use rights recognized under this title, including 
        the first right of beneficial consumptive use referred to in 
        section 307(a)(1)(F)(i) or the allottee use rights referred to 
        in section 308(a).
    ``(g) Use of Proceeds.--The Nation shall use the proceeds from any 
exchange, lease, option to lease, or disposition of water made pursuant 
to this section for social or economic programs or for any other 
governmental purpose that benefits the Nation.
    ``(h) Agreement To Amend the Agreement of December 11, 1980.--
Pursuant to section 305(a), the Secretary shall enter into an agreement 
with the Nation to amend the Agreement of December 11, 1980, to--
            ``(1) provide that it shall be permanent service, as that 
        term is used in section 5 of the Boulder Canyon Project Act of 
        1928 (43 U.S.C. 617d), and shall be without term;
            ``(2) as set forth in subsection (b)(2), authorize the 
        Nation to exchange, lease, enter into an option to lease or 
        temporarily dispose of water to which the Nation is entitled 
        under sections 304(a) and 306(a); and
            ``(3) otherwise conform the Agreement of December 11, 1980 
        to this title.
    ``(i) Approval and Confirmation by Congress of Agreements.--
Notwithstanding any other provision of law, any agreement made pursuant 
to subsection (h) shall be deemed to be approved by Congress.
    ``(j) Approval by Congress of Water Leases.--The following leases 
are hereby ratified and approved by Congress, effective on the 
effective date described in section 317:
            ``(1) The tucson water lease.--The Secretary is authorized 
        to approve and execute the Tucson Water Lease in a form 
        substantially the same as that attached to the Settlement 
        Agreement.
            ``(2) The asarco water lease.--The Secretary is authorized 
        to approve and execute the Asarco Water Lease in a form 
        substantially the same as that attached to the Settlement 
        Agreement.
    ``(k) Disbursements From Tucson Interim Water Lease, Tucson Water 
Lease and Asarco Water Lease.--The Secretary shall--
            ``(1) disburse to the Nation, without condition, all 
        proceeds from the Tucson Interim Water Lease;
            ``(2) disburse to the Nation without condition, all 
        proceeds from the Tucson Water Lease; and
            ``(3) disburse all proceeds from the Asarco Water Lease to 
        the entities and for the purposes prescribed in such Asarco 
        Lease and the Asarco Agreement.
    ``(l) Approval by Congress of Agreements and Interim Allottee Water 
Rights Code.--The following agreements and interim allottee water 
rights code are hereby ratified and approved by the Congress, effective 
on the effective date described in section 317:
            ``(1) The tucson agreement.--The Secretary is authorized to 
        approve and execute the Tucson Agreement in a form 
        substantially the same as that attached to the Settlement 
        Agreement.
            ``(2) The asarco agreement.--The Secretary is authorized to 
        approve and execute the Asarco Agreement in a form 
        substantially the same as that attached to the Settlement 
        Agreement.
            ``(3) The fico agreement.--The Secretary is authorized to 
        approve and execute the FICO Agreement in a form substantially 
        the same as that attached to the Settlement Agreement.
            ``(4) The interim allottee water rights code.--The 
        Secretary is authorized to approve the Interim Allottee Water 
        Rights Code in the form substantially the same as that attached 
        to the Settlement Agreement.
    ``(m) Statutory Construction.--Pursuant to section 306(d) (as in 
effect on the day before the date of enactment of the Arizona Water 
Settlement Act of 2000), nothing in this section shall be construed to 
establish whether or not reserved water may be put to use, or sold for 
use, off of any reservation to which reserved water rights attach.

``SEC. 311. EXPENDITURES FROM THE TRUST FUND OF THE NATION.

    ``(a) In General.--Subject to the limitations contained in 
subsection (b), the principal and all accrued interest and dividends in 
the trust fund established under section 309 (as in effect on the day 
before the date of enactment of the Arizona Water Settlement Act of 
2000), may be--
            ``(1) expended by the Nation for any governmental purpose; 
        and
            ``(2) invested by the Nation in accordance with such 
        policies as the Nation may adopt.
The Secretary shall not be responsible for the review, approval or 
audit of the use and expenditure of the moneys from such trust fund, 
nor shall the Secretary be subject to liability for any claim or cause 
of action arising from the Nation's use and expenditure of such funds.
    ``(b) Conditions of Trust.--
            ``(1) Reserve for the cost of subjugation.--In order to 
        secure the obligation of the Nation to pay the cost of 
        subjugation of the lands to be served by the extension to the 
        existing irrigation system referred to in section 304(c)(2), 
        the Nation shall reserve in the trust fund the principal amount 
        of $3,000,000, plus interest thereon from the effective date 
        described in section 317 until--
                    ``(A) the date on which full payment of such costs 
                has been made; or
                    ``(B) the date that is 10 years after such 
                effective date.
            ``(2) Payment.--The subjugation costs described in 
        paragraph (1) shall be paid in the amount and on the terms as 
        prescribed in sections 306(a)(1)(E).
            ``(3) Limitation on restrictions.--Upon the occurrence of 
        either of the events described in subparagraphs (A) and (B) of 
        paragraph (1), the restrictions imposed on such funds under 
        such paragraph shall cease, and any remaining funds previously 
        reserved shall be subject to use by the Nation pursuant to 
        subsection (a).

``SEC. 312. COOPERATIVE FUND; EXPENDITURES.

    ``(a) In General.--Notwithstanding any applicable date specified in 
any other provision of law, and except as provided in this section, the 
Secretary of the Treasury shall not terminate the Cooperative Fund 
established prior to the effective date described in section 317 to 
carry out the duties of the Secretary under sections 304, 305, 306 and 
308, including payment of the costs related to delivery of water 
pursuant to contracts entered into under section 310. The Cooperative 
Fund shall be used for carrying out the obligations of the Secretary 
under this title, including
            ``(1) to pay the fixed and variable operation, maintenance, 
        and replacement costs related to the delivery of water under 
        sections 304 and 306;
            ``(2) to pay the costs of acquisition and delivery of water 
        from alternative sources under section 305;
            ``(3) to pay any capital or other charges related to the 
        acquisition or delivery of water under sections 304, 305 and 
        306; and
            ``(4) to pay any damages payable by the Secretary under 
        section 305(e).
    ``(b) Amounts in Cooperative Fund.--
            ``(1) In general.--The Cooperative Fund shall consist of--
                    ``(A)(i) $5,250,000, which was appropriated to the 
                Fund pursuant to this title (as in effect on the day 
                before the date of enactment of the Arizona Water 
                Settlement Act of 2000);
                    ``(ii) such sums, not to exceed $16,000,000 
                (adjusted as provided for in paragraph (2)), that the 
                Secretary determines by notice to Congress, are 
                necessary to meet the obligations under this title; and
                    ``(iii) any additional Federal funds deposited into 
                the Fund pursuant to Federal law;
                    ``(B) $5,250,000, which was contributed to the Fund 
                pursuant to this title (as in effect on the day before 
                the date of enactment of the Arizona Water Settlement 
                Act of 2000), of which--
                            ``(i) $2,750,000 was contributed by the 
                        State of Arizona;
                            ``(ii) $1,500,000 was contributed by the 
                        city of Tucson, Arizona;
                            ``(iii) $1,000,000 was contributed by the 
                        Anamax Mining Company, the Cyprus-Pima Mining 
                        Company, the American Smelting and Refining 
                        Company, the Duval Corporation, and the Farmers 
                        Investment Company; and
                            ``(iv) all interest accrued on all 
                        contributions and appropriations to the 
                        Cooperative Fund during the period beginning 
                        October 12, 1982 and ending on the effective 
                        date described in section 317 and all interest 
                        accrued on all contributions and appropriations 
                        to the Cooperative Fund after such date, less 
                        any interest expended pursuant to subsection 
                        (c); and
                    ``(C) all revenues received from the sale or lease 
                of the effluent received by the Secretary under the 
                Contract between the United States and the City of 
                Tucson to Provide for Delivery of Reclaimed Water to 
                the Secretary dated October 11, 1983, or from the sale 
                or lease of storage credits derived from the storage of 
                such effluent, the entire amount of which shall be 
                income to the Cooperative Fund and be available for 
                expenditure in accordance with subsection (c).
            ``(2) Interest.--Until funds are appropriated and made 
        available to the Cooperative Fund from the sums referred to in 
        subsection (b)(1)(A)(ii), the amount authorized to be 
        appropriated under such subsection shall include an adjustment 
        representing the interest that the Cooperative Fund would have 
        earned on such amount if such amount had been appropriated to 
        the Fund as of October 12, 1983.
    ``(c) Expenditures From the Cooperative Fund.--Only interest 
accruing and income to the Cooperative Fund after the effective date 
described in section 317 shall be expended. Interest accruing and 
income to the Cooperative Fund shall be available for expenditure by 
the Secretary pursuant to this section without further appropriation.
    ``(d) Investments by the Secretary of the Treasury.--The Secretary 
of the Treasury shall serve as the trustee of the Cooperative Fund, and 
shall invest such portion of the Cooperative Fund as is not, in the 
judgment of the Secretary and in consultation with the Secretary of the 
Treasury, required to be withdrawn to meet the Secretary's obligations 
under this title. Such investments shall be in public debt securities 
with maturities suitable for the needs of such Cooperative Fund and 
that bear interest at rates determined by the Secretary of the 
Treasury, taking into consideration current market yields on 
outstanding marketable obligations of the United States or comparable 
maturities.
    ``(e) Termination of Cooperative Fund.--If the final judgment in 
United States v. Tucson does not dismiss, with prejudice, all claims 
against the defendants named therein, and a final judgment in Alvarez 
v. United States does not dismiss with prejudice, all claims against 
the defendants named therein, other than the claims preserved under 
section 315(c), the Cooperative Fund shall be terminated and the 
Secretary of the Treasury shall return all amounts contributed to the 
Cooperative Fund, together with a ratable share of the remaining 
accrued interest, to the respective contributors.
    ``(f) Share of Cooperative Fund Contributed by the United States.--
If the final judgment in United States v. Tucson does not dismiss, with 
prejudice, all claims against the defendants named therein, and a final 
judgment in Alvarez v. United States does not dismiss, with prejudice, 
all claims against the defendants named therein, other than the claims 
preserved under section 315(c), the share of the Cooperative Fund 
contributed by the United States shall be deposited in the General Fund 
of the Treasury of the United States.

``SEC. 313. CONTRACTING AUTHORITY; ENVIRONMENTAL COMPLIANCE; WATER 
              QUALITY; STUDIES; ARID LANDS ASSISTANCE.

    ``(a) Functions of Secretary.--The functions of the Secretary, and 
the Bureau of Reclamation acting on behalf of the Secretary, under this 
title shall be subject to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) to the same extent as if the 
functions were performed by the Bureau of Indian Affairs.
    ``(b) San Xavier District as a Contractor.--
            ``(1) In general.--Subject to the consent of the Nation 
        pursuant to section 307(a)(4) and the conditions and 
limitations described in subparagraphs (A) through (F) of section 
306(a)(1), the San Xavier District shall be considered an eligible 
contractor for purposes of this section.
            ``(2) Technical assistance.--The Secretary shall make 
        available to the San Xavier District technical assistance in 
        satisfying the contracting requirements of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.)
    ``(c) Ground Water Monitoring Programs.--
            ``(1) San xavier indian reservation program.--Not later 
        than 180 days after the effective date described in section 
        317, the Secretary shall design and carry out a comprehensive 
        ground water monitoring program, including drilling of wells 
        and other appropriate actions, to test, assess, and provide for 
        the long-term monitoring of the quality of ground water 
        withdrawn from exempt wells and other wells within the San 
        Xavier Indian Reservation. In carrying out this paragraph, the 
        Secretary shall not expend in excess of $215,000.
            ``(2) Eastern schuk toak district program.--Not later than 
        180 days after the effective date described in section 317, the 
        Secretary shall design and carry out a comprehensive ground 
        water monitoring program, including drilling of wells and other 
        appropriate actions, to test, assess, and provide for the long-
        term monitoring of the quality of ground water withdrawn from 
        exempt wells and other wells within the eastern Schuk Toak 
        District. In carrying out this paragraph, the Secretary shall 
        not expend in excess of $175,000
            ``(3) Duties of secretary.--In designing and carrying out a 
        program under paragraph (1) or (2), the Secretary shall consult 
        with the Nation, the San Xavier and Schuk Toak Districts, and 
        appropriate State and local entities. The Secretary shall have 
        no continuing obligation beyond the obligations described in 
        such paragraphs with respect to ground water monitoring 
        programs.
    ``(d) Water Resources Study.--Pursuant to this Act, the Secretary 
shall complete a study to determine the availability and suitability of 
water resources within the Nation, but outside the Tucson Management 
Area, to assist the Nation with the development of sources of water.
    ``(e) Arid Land Renewable Resources.--Pursuant to this Act, if a 
Federal entity is established to provide financial assistance to 
undertake arid land renewable resources projects and to encourage and 
ensure investment in the development of domestic sources of arid land 
renewable resources, such entity shall give first priority to the needs 
of the Nation in providing such assistance. Such entity shall make 
available to the Nation, the San Xavier and Schuk Toak Districts, and 
the San Xavier Cooperative Association, price guarantees, loans, loan 
guarantees, purchase agreements, and joint venture projects at a level 
to adequately cultivate a minimum number of acres as determined by such 
entity to be necessary to the economically successful cultivation of 
arid land crops and a level to contribute significantly to the economy 
of the Nation.
    ``(f) Asarco Land Exchange Study.--The Secretary shall, not later 
than 5 years after the date of enactment of the Arizona Water 
Settlement Act of 2000, conduct a study, and report to Congress, 
concerning the feasibility of a land exchange or land exchanges with 
Asarco to--
            ``(1) provide lands for future use by the beneficial 
        landowners of the Mission Complex Mining Leases of September 
        18, 1959; and
            ``(2) provide lands for future use by the beneficial 
        landowners of the Mission Complex Business Leases of May 12, 
        1959.
The study shall examine how land exchanges could be accomplished in a 
manner to maintain a contiguous land base for the San Xavier Indian 
Reservation, and what legal status exchanged lands should have in order 
to maintain the political integrity of the San Xavier Indian 
Reservation.

``SEC. 314. AUTHORIZATION OF APPROPRIATIONS.

``In addition to the amounts otherwise authorized to be appropriated 
under this title, there are authorized to be appropriated to the 
Secretary--
            ``(1) such sums as may be necessary to carry out the ground 
        water monitoring programs under section 313(c); and
            ``(2) such sums as may be necessary to carry out 
        subsections (d) and (e) of section 313.

``SEC. 315. SETTLEMENT OF CLAIMS.

    ``(a) Settlement of Litigation by United States.--
            ``(1) Approval of settlement agreement, leases and other 
        agreements.--The United States hereby approves, ratifies and 
        confirms the Settlement Agreement. Notwithstanding the 
        effective date provided for in section 317, the Secretary 
        shall, upon the enactment of the Arizona Water Settlement Act 
        of 2000, execute the Settlement Agreement and enter into those 
        agreements with the settling parties necessary to effectuate 
        the Settlement Agreement, including the leases described in 
        section 310(j) and the agreements described in section 310(l).
            ``(2) Relation to other law.--The execution of the 
        Settlement Agreement, the leases described in section 310(j) 
        and the agreements described in 310(l) shall not constitute 
        major Federal action under the National Environmental Policy 
        Act (42 U.S.C. 4321 et seq.).
            ``(3) Appropriation of authorization.--There is authorized 
        to be appropriated such sums as may be necessary to carry out 
        all necessary environmental compliance activities associated 
        with the Settlement Agreement, the leases described in section 
        310(j) and the agreements described in section 310(1), 
        including mitigation measures adopted by the Secretary.
    ``(b) Waiver and Release of Claims.--
            ``(1) Definitions.--In this section:
                    ``(A) Allottee classes.--The term `allottee 
                classes' means the plaintiff class certified in United 
                States v. Tucson and the plaintiff class certified for 
                causes of action 1 through 3 of Alvarez v. Tucson.
                    ``(B) Injuries to water rights.--The term `injuries 
                to water rights' means the loss, deprivation or 
diminution of the use of water rights until the effective date 
described in section 317.
                    ``(C) Permitted diversions.--The term `permitted 
                diversions' means diversions or withdrawals of--
                            ``(i) ground water by the United States, 
                        the State of Arizona and any agency or 
                        political subdivision thereof, any municipal 
                        corporation, any entity, or any person which do 
                        not exceed the largest annual diversion or 
                        withdrawal by that entity or person in the 5 
                        years immediately preceding the effective date 
                        described in section 317; and
                            ``(ii) stored water as defined, on the 
                        effective date described in section 317, in 
                        section 45-802.01 of the Arizona Revised 
                        Statutes, and which water is recognized under 
                        the laws of Arizona and recovered in the area 
                        of hydrologic impact of the facility in which 
                        such water is stored.
                    ``(D) Water rights.--The term `water rights' means 
                water rights in ground water, surface water and 
                effluent within the Tucson Management Area under 
                Federal, State and other law.
            ``(2) Waiver of claims by the nation.--The Settlement 
        Agreement referred to in subsection (a) shall provide that the 
        Nation, on behalf of itself and its members, waives and 
        releases--
                    ``(A) any and all claims for water rights, and 
                claims for injuries to water rights, for lands within 
                the Tucson Management Area, against the State of 
                Arizona or any agency or political subdivision thereof, 
                or any person, entity, corporation or municipal 
                corporation;
                    ``(B) any and all claims for water rights, for 
                lands within the Tucson Management Area, against the 
                United States and its agencies, officials and 
                employees;
                    ``(C) any and all claims for injuries to water 
                rights or for failure to protect, acquire or develop 
                water rights for lands within the San Xavier Indian 
                Reservation and the eastern Schuk Toak District from 
                time immemorial to the effective date described in 
                section 317 against the United States and its agencies, 
                officials and employees; and
                    ``(D) any and all claims arising out of or related 
                in any manner to the negotiation or adoption of the 
                Settlement Agreement, exhibits to the Settlement 
                Agreement, or this title, or any specific terms and 
                provisions thereof, against the United States and its 
                agencies, officials and employees.
            ``(3) Waiver of claims by the allottee classes.--The 
        Settlement Agreement referred to in subsection (a) shall 
        provide that each allottee class waives and releases--
                    ``(A) any and all claims for water rights, claims 
                for injuries to water rights, and claims for future 
                injuries to water rights from permitted diversions for 
                lands within the Tucson Management Area, against the 
                State of Arizona or any agency or political subdivision 
                thereof, or any person, entity, corporation or 
                municipal corporation;
                    ``(B) any and all claims for water rights, for 
                lands within the Tucson Management Area, against the 
                United States and its agencies, officials and 
                employees;
                    ``(C) any and all claims for injuries to water 
                rights or for failure to protect, acquire or develop 
                water rights for lands within the San Xavier Indian 
                Reservation against the United States and its agencies, 
                officials and employees;
                    ``(D) any and all claims arising out of or related 
                in any manner to the negotiation or adoption of the 
                Settlement Agreement, exhibits to the Settlement 
                Agreement, or this title, or any specific terms and 
                provisions thereof, against the United States and its 
                agencies, officials and employees; and
                    ``(E) any and all claims for water rights and 
                claims for injuries to water rights against the Nation, 
                except that pursuant to section 307(a)(1)(G), section 
                308(a), section 308(b), and subsection (h)(1)(A)(ii) 
                the allottees and fee owners of allotted land shall 
                retain any rights they may have to share in the water 
                resources granted or confirmed in this title and the 
                Settlement Agreement with respect to uses within the 
                San Xavier Indian Reservation.
            ``(4) Waiver of claims by the united states.--The 
        Settlement Agreement referred to in subsection (a) shall 
        provide that the United States waives and releases--
                    ``(A) any and all claims for water rights and 
                claims for injuries to water rights within the Tucson 
                Management Area, on behalf of the Nation, its members, 
                or the allottees against the Nation, the State of 
                Arizona or any agency or political subdivision thereof, 
                or any person, entity, corporation or municipal 
                corporation;
                    ``(B) any and all claims for future injuries to 
                water rights from permitted diversions on behalf of the 
                allottees against the Nation, the State of Arizona or 
                any agency or political subdivision thereof, or any 
                person, entity, corporation or municipal corporation;
                    ``(C) any and all claims for injuries to water 
                rights against the Nation from and after the effective 
                date described in section 317, on behalf of the 
                allottees, except that pursuant to section 
                307(a)(1)(G), section 308(a), section 308(b), and 
                subsection (h)(1)(A)(ii) the allottees shall retain any 
                rights they may have to share in the water resources 
                granted or confirmed in this title and the Settlement 
                Agreement with respect to uses within the San Xavier 
                Indian Reservation; and
                    ``(D) contingent upon the effectiveness of a waiver 
                of such claims as provided for in the Asarco Agreement, 
                any and all claims for ground water contamination 
                against Asarco on behalf of the Alvarez v. Tucson Count 
                4 Plaintiff Class as defined in the Settlement 
                Agreement.
            ``(5) Supplemental waivers of claims.--Any party to the 
        Settlement Agreement may waive and release, prohibit the 
        assertion of or agree not to assert any claims in addition to 
        claims for water rights, claims for injuries to water rights 
        and claims for injuries to water rights from permitted 
        diversions on such terms and conditions as may be agreed to by 
        the parties.
    ``(c) Rights of Allottees; Prohibition of Claims.--
            ``(1) In general.--As of the effective date described in 
        section 317--
                    ``(A) the water rights and other benefits granted 
                or confirmed by this title and the Settlement Agreement 
                shall be in full satisfaction of all claims for water 
                rights and claims for injuries to water rights of the 
                Nation and its members, and all claims for water 
                rights, claims for injuries to water rights and claims 
                for injuries to water rights from permitted diversions 
                of the allottees and fee owners of allotted land within 
                the San Xavier Indian Reservation;
                    ``(B) any entitlement to water within the Tucson 
                Management Area of the Nation and its individual 
                members, any allottee or fee owner of allotted land 
                within the San Xavier Indian Reservation shall be 
                satisfied out of the water resources granted or 
                confirmed by this title; and
                    ``(C) any rights that the allottees or fee owners 
                of allotted land within the San Xavier Indian 
                Reservation may have to ground water, surface water or 
                effluent shall be limited to the water rights granted 
                or confirmed by this title and the Settlement 
                Agreement.
            ``(2) Limitation of certain claims.--No allottee or fee 
        owner of allotted land within the San Xavier Indian Reservation 
        may assert any claims for water rights, claims for injuries to 
        water rights, or claims for future injuries to water rights 
        from permitted diversions against the United States, the State 
        of Arizona or any agency or political subdivision thereof, or 
        any person, entity, corporation or municipal corporation, nor 
        may any allottee or fee owner of allotted land continue to 
        assert against the United States, the State of Arizona or any 
        agency or political subdivision thereof, or any person, entity, 
        corporation or municipal corporation, any claims for water 
        rights, claims for injuries to water rights, or claims for 
        future injuries to water rights from permitted diversions that 
        have been asserted prior to the effective date of this title.
            ``(3) Limitation of claims against settling parties.--No 
        allottee or fee owner of allotted land within the San Xavier 
        Indian Reservation may assert any claim against any settling 
        party to the extent that--
                    ``(A) such claim has been waived and released in 
                the Settlement Agreement by the allottee classes; and
                    ``(B) the allottees or fee owners of allotted land 
                within the San Xavier Indian Reservation receive the 
                benefit afforded to members of the allottee classes.
            ``(4) Limitation of claims against the nation.--No allottee 
        or fee owner of allotted land within the San Xavier Indian 
        Reservation may assert against the Nation any claims for water 
        rights, claims for injuries to water rights, or, beginning on 
        the effective date of this title, claims for injuries to water 
        rights, except that pursuant to section 307(a)(1)(G), section 
        308(a), section 308(b), and subsection (h)(1)(A)(ii) the 
        allottees and fee owners of allotted land within the San Xavier 
        Indian Reservation shall retain any rights they may have to 
        share in the water resources granted or confirmed in this title 
        and the Settlement Agreement with respect to uses in the San 
        Xavier Indian Reservation.
    ``(d) Acquisition of Additional Water Rights.--Nothing in this 
title shall be construed to prohibit the Nation, or its members, the 
allottees or fee owners of allotted land in the San Xavier Indian 
Reservation from lawfully acquiring water rights for use in the Tucson 
Management Area in addition to the water rights granted or confirmed by 
this title and the Settlement Agreement.
    ``(e) No Abrogation of Rights.--This title shall not be construed 
to abrogate any rights or remedies existing under section 1346 or 1491 
of title 28, United States Code.
    ``(f) Consent.--Congress hereby grants consent to each obligee 
under section 305(e) to maintain actions against the United States in 
the courts of the United States pursuant to sections 1346 or 1491 of 
title 28, United States Code, respectively, to recover damages, if any, 
for the breach of any of the Secretarial obligations under this 
section. The lack of sufficient funds in the Cooperative Fund to 
fulfill the Secretarial obligations may not be raised by the United 
States as a defense to the breach. The exclusive remedy for an action 
maintained under this subsection shall be monetary damages. Nothing in 
the subsection shall be deemed to create any claims against the United 
States. The court shall offset against any award for any such claim the 
amount of funds made available by appropriations Acts by Congress and 
paid to the obligee by the Secretary in partial or complete 
satisfaction of the claim.
    ``(g) Jurisdiction; Waiver of Immunity; Parties.--
            ``(1) Jurisdiction.--
                    ``(A) In general.--Except as provided in subsection 
                (h), the courts of the United States shall have 
                original and exclusive jurisdiction over--
                            ``(i) actions for the interpretation and 
                        enforcement of this title and the Settlement 
                        Agreement; and
                            ``(ii) actions by or against the allottees 
                        or fee owners of allotted land for the 
                        interpretation of, or legal or 
equitable remedies with respect to, claims of water rights of the 
allottees or fee owners of allotted land which are not claims for water 
rights, claims for permitted diversions or claims waived and released 
in the Settlement Agreement.
                    ``(B) Limitation.--Neither the courts of the State 
                of Arizona nor the courts of the Nation shall have 
                jurisdiction over actions described in subparagraph 
                (A).
            ``(2) Waiver.--
                    ``(A) In general.--The immunity from suit of the 
                United States and the Nation is hereby waived solely 
                for--
                            ``(i) declaratory judgment or injunctive 
                        relief in any action arising under this title; 
                        and
                            ``(ii) such claims and remedies as may be 
                        prescribed in any agreement authorized by this 
                        title.
                    ``(B) Limitation on standing.--A governmental 
                entity not described in subparagraph (A) that asserts 
                immunity from suit shall not have standing to initiate 
                or assert any claim or seek any remedy against the 
                United States or the Nation in any action, and the 
                waivers of immunity of the United States and the Nation 
                referred to in subparagraph (A) shall have no effect 
                therein, if the action--
                            ``(i) arises under this title, unless such 
                        entity waives immunity for declaratory judgment 
                        or injunctive relief; or
                            ``(ii) arises under any agreement 
                        authorized by this title, unless such entity 
                        waives immunity for the claims and remedies 
                        prescribed in the agreement.
                    ``(C) Rule of construction.--A waiver of immunity 
                under this paragraph shall not be construed to extend 
                to any claims for damages, costs, attorneys' fees or 
                other monetary relief.
            ``(3) Nation as a party.--An allottee or fee owner of 
        allotted land who intends to file an action under paragraph 
        (1)(A)(ii) shall give the Nation a notice of intent to file 
        such action, accompanied by a request for consultation, not 
        less than 60 days prior to the date the action is commenced. If 
        the Nation is not a party in an action as originally commenced 
        under paragraph (1)(A)(ii), the Nation shall be joined as a 
        party.
    ``(h) Regulation of Water Resources and Actions Within the 
Exclusive Jurisdiction of the Nation.--
            ``(1) Regulation and dispute resolution.--
                    ``(A) Regulation.--The Nation shall have 
                jurisdiction to manage, control, permit, administer and 
                otherwise regulate the water resources granted or 
                confirmed in this title and the Settlement Agreement 
                pursuant to section 308--
                            ``(i) with respect to the use of such 
                        resources by the Nation, individual members of 
                        the Nation, districts of the Nation, and 
                        allottees; and
                            ``(ii) with respect to any entitlement to 
                        such resources for which a fee owner of 
                        allotted land has received a final 
                        determination under applicable law.
                    ``(B) Dispute resolution.--Jurisdiction over any 
                disputes related to the matters described in 
                subparagraph (A) shall be vested in the courts of the 
                Nation, subject to first exhausting any administrative 
                or other remedies prescribed under the laws of the 
                Nation.
                    ``(C) Applicable law.--The regulatory and remedial 
                procedures referred to in subparagraphs (A) and (B) 
                shall be governed by and construed in accordance with 
                the laws of the Nation and the laws of the United 
                States which are expressly applicable thereto.
            ``(2) Reservation of powers.--Nothing in this title shall 
        be construed to prohibit--
                    ``(A) the United States, in its own behalf or as 
                trustee, from exercising such rights as may be 
                expressly applicable to any issues which may arise 
                under section 308(i); or
                    ``(B) except as expressly prohibited by this title 
                or the Settlement Agreement, the Nation from exercising 
                regulatory or judicial authority over other persons or 
                entities regarding the water resources referred to 
                herein or otherwise held by the Nation.
                            ``(i) Statutory construction.--Nothing in 
                        this title shall be construed to diminish or 
                        abrogate any obligations of the Secretary or 
                        the Nation under the Agreements of December 11, 
                        1980 and October 11, 1983, as amended pursuant 
                        to sections 305(a) and 310(h).

``SEC. 316. NONREIMBURSABLE COSTS.

    ``(a) Central Arizona Water Conservation District.--For the purpose 
of determining the allocation and repayment of costs of the Central 
Arizona Project as provided for in article 9.3 of contract numbered 14-
06-W-245 between the United States and the Central Arizona Water 
Conservation District, dated December 1, 1988, and any amendment or 
revision thereof, the costs associated with the construction of 
facilities and with the delivery of Central Arizona Project water for 
any use authorized under this title shall be non-reimbursable, and such 
costs shall be excluded from the repayment obligation of the Central 
Arizona Water Conservation District.
    ``(b) United States.--The United States shall--
            ``(1) make no claims against the Nation or the allottees 
        for reimbursement or repayment of the costs associated with the 
        construction of facilities under the Colorado River Basin 
        Project Act (Public Law 90-537; 82 Stat. 885) (referred to in 
        this subsection as ``CRBPA''), the delivery of Central Arizona 
        Project water for any use authorized by this title, or any 
        other costs arising out of the implementation of this title;
            ``(2) make no claims against the Nation for reimbursement 
        or repayment of the costs associated with the construction of 
        facilities under CRBA for the benefit of lands known as the San 
Lucy Farm, acquired by the Nation under the Gila Bend Indian 
Reservation Lands Replacement Act (Public Law 99-503; 100 Stat. 1798), 
or the delivery of Central Arizona Project water for use on such lands; 
and
            ``(3) impose no assessment with regard to the costs 
        referred to in paragraphs (1) and (2) against trust or allotted 
        lands within the territorial jurisdiction of the Nation or 
        against the lands of the San Lucy Farm.

``SEC. 317. EFFECTIVE DATE.

    This title shall be effective upon the final dismissal with 
prejudice of United States v. Tucson, Adams v. United States, and the 
consolidated claims of Alvarez v. Tucson.''

 TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 2000

SEC. 401. SHORT TITLE.

    This title may be cited as the ``San Carlos Apache Tribe Water 
Rights Settlement Act of 2000''.

                TITLE V--ENFORCEMENT AND EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE OF AUTHORIZATION OF APPROPRIATIONS.

    The authorizations contained in section 207 and section 315 shall 
become effective as of the date on which the Secretary of the Interior 
causes to be published in the Federal Register a statement of findings 
that--
            (1) the Gila River Indian Community Water Settlement 
        Agreement (as defined in section 203(b)) has been amended to 
        the extent that such agreement conflicts with title I, and has 
        been executed by the Secretary;
            (2) the Secretary has fulfilled the requirements of 
        subsections (a), (b), and (e) of section 105, and sections 107, 
        205, and 206;
            (3) at least $40,000,000 of the funds made available 
        pursuant to section 108(a) has been deposited into the Fund as 
        provided for in section 108(b);
            (4) the funds authorized to be appropriated by section 106 
        and subsections (a), (b), and (c)(1) of section 210 have been 
        appropriated and are available for the purposes authorized by 
        such sections;
            (5) the State of Arizona has appropriated and paid to the 
        Gila River Indian Community the $________ required to be paid 
        under paragraph ____ of the Gila River Indian Community 
        (referred to in this title as ``GRIC'') Agreement;
            (6) the Salt River Project has paid to the Gila River 
        Indian Community $500,000 pursuant to Subparagraph 17.9 of the 
        GRIC Agreement;
            (7) the stipulations attached to the GRIC Agreement as 
        Exhibits 27.8.1 Gila River General Stream Adjudication, 27.8.2 
        Modified Globe Equity, and 30.5.1.3 dismissal of other 
        lawsuits, have been approved by the respective courts;
            (8) legislation has been adopted by the State of Arizona to 
        implement the Southside M&I Groundwater Protection Program 
        described in Paragraph 5.3 of the GRIC Agreement;
            (9) the final dismissals with prejudice of United States v. 
        Tucson, (Civ. No. 75-39 TUC consol. with Civ. No. 75-51 TUC-FRZ 
        (D. Ariz.)), Adams v. United States (Civ. No. 93-240 TUC-FRZ 
        (D. Ariz.)), and the consolidated claims of Alvarez v. Tucson 
        (Civ. No. 93-039 TUC-FRZ (D. Ariz.)), have been entered by the 
        United States District Court for the District of Arizona; and
            (10) a final judgment in Central Arizona Water Conservation 
        District v. United States (No. CIV 95-625-TUC-WDB (EHC), No. 
        CIV 95-1720 PHX-EHC) (Consolidated Action) consistent with the 
        Order entered in that action by the Honorable Earl H. Carroll 
        on May 9, 2000, has been entered by the United States District 
        Court for the District of Arizona.

SEC. 502. EXPIRATION OF EFFECTIVE DATE.

    If the Secretarial statement of findings described in section 501 
has not been published by December 31, 2005--
            (1) titles I, II, III and IV of this Act, and section 501, 
        together with any contracts entered into pursuant to any 
        provision of such titles, shall not be effective; and
            (2) any funds appropriated pursuant to sections 106(c) and 
        210, and any funds made available pursuant to section 108(a) 
        and deposited in the fund established in section 208(b), 
        together with any interest thereon, shall immediately revert to 
        the Treasury, as general revenues, and any funds appropriated 
        by the State of Arizona pursuant to the GRIC Agreement, 
        together with any interest thereon, shall immediately revert to 
        the State of Arizona, and any funds paid by the Salt River 
        Project shall immediately be returned to such Project.
                                 <all>