[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3231 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 3231
To provide for adjustments to the Central Arizona Project in Arizona,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 24 (legislative day, September 22), 2000
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural 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)).
(12) 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 in 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.
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