[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5443 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5443

 To provide for adjustments to the Central Arizona Project in Arizona, 
 to authorize the Gila River Indian Community water rights settlement, 
 to reauthorize and amend the Southern Arizona Water Rights Settlement 
                  Act of 1982, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

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

_______________________________________________________________________

                                 A BILL


 
 To provide for adjustments to the Central Arizona Project in Arizona, 
 to authorize the Gila River Indian Community water rights settlement, 
 to reauthorize and amend the Southern Arizona Water Rights Settlement 
                  Act of 1982, 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''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. General permissible uses of the Central Arizona Project.
Sec. 104. Allocation of Central Arizona Project water.
Sec. 105. Firming of Central Arizona Project Indian water.
Sec. 106. Acquisition of agricultural priority water.
Sec. 107. Lower Colorado River Basin Development Fund.
Sec. 108. Effect.
Sec. 109. Repeal.
Sec. 110. Authorization of appropriations.
Sec. 111. Repeal on failure of enforceability date under title II.
     TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Approval of the Gila River Indian Community water rights 
                            settlement agreement.
Sec. 204. Water rights.
Sec. 205. Community water delivery contract amendments.
Sec. 206. Extinguishment of claims.
Sec. 207. Waiver and release of claims.
Sec. 208. Gila River Indian Community Water OM&R Trust Fund.
Sec. 209. Subsidence remediation program.
Sec. 210. After-acquired trust land.
Sec. 211. Reduction of water rights.
Sec. 212. Miscellaneous provisions.
Sec. 213. Authorization of appropriations.
Sec. 214. Repeal on failure of enforceability date.
          TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

Sec. 301. Southern Arizona water rights settlement.

SEC. 2. DEFINITIONS.

    In titles I and II:
            (1) Acre-feet.--The term ``acre-feet'' means acre-feet per 
        year.
            (2) After-acquired trust land.--The term ``after-acquired 
        trust land'' means land that--
                    (A) is located--
                            (i) within the State; but
                            (ii) outside the exterior boundaries of the 
                        Reservation; and
                    (B) is taken into trust by the United States for 
                the benefit of the Community after the enforceability 
                date.
            (3) Agricultural priority water.--The term ``agricultural 
        priority water'' means Central Arizona Project non-Indian 
        agricultural priority water, as defined in the Gila River 
        agreement.
            (4) Allottee.--The term ``allottee'' means a person that 
        holds a beneficial real property interest in an Indian 
        allotment that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (5) Arizona indian tribe.--The term ``Arizona Indian 
        tribe'' means an Indian tribe (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)) that is located in the State.
            (6) Asarco.--The term ``Asarco'' means Asarco Incorporated, 
        a New Jersey corporation of that name, and its subsidiaries 
        operating mining operations in the State.
            (7) CAP contractor.--The term ``CAP contractor'' means a 
        person or entity that has entered into a long-term contract (as 
        that term is used in the repayment stipulation) with the United 
        States for delivery of water through the CAP system.
            (8) CAP operating agency.--The term ``CAP operating 
        agency'' means the entity or entities authorized to assume 
        responsibility for the care, operation, maintenance, and 
        replacement of the CAP system.
            (9) CAP repayment contract.--
                    (A) In general.--The term ``CAP repayment 
                contract'' means the contract dated December 1, 1988 
                (Contract No. 14-06-W-245, Amendment No. 1) between the 
                United States and the Central Arizona Water 
                Conservation District for the delivery of water and the 
                repayment of costs of the Central Arizona Project.
                    (B) Inclusions.--The term ``CAP repayment 
                contract'' includes all amendments to and revisions of 
                that contract.
            (10) CAP subcontractor.--The term ``CAP subcontractor'' 
        means a person or entity that has entered into a long-term 
        subcontract (as that term is used in the repayment stipulation) 
        with the United States and the Central Arizona Water 
        Conservation District for the delivery of water through the CAP 
        system.
            (11) CAP system.--The term ``CAP system'' means--
                    (A) the Mark Wilmer Pumping Plant;
                    (B) the Hayden-Rhodes Aqueduct;
                    (C) the Fannin-McFarland Aqueduct;
                    (D) the Tucson Aqueduct;
                    (E) the pumping plants and appurtenant works of the 
                Central Arizona Project aqueduct system that are 
                associated with the features described in subparagraphs 
                (A) through (D); and
                    (F) any extensions of, additions to, or 
                replacements for the features described in 
                subparagraphs (A) through (E).
            (12) Central arizona project.--The term ``Central Arizona 
        Project'' means the reclamation project authorized and 
        constructed by the United States in accordance with title III 
        of the Colorado River Basin Project Act (43 U.S.C. 1501 et 
        seq.).
            (13) Central arizona water conservation district.--The term 
        ``Central Arizona Water Conservation District'' means the 
        political subdivision of  the State that is the contractor 
under the CAP repayment contract.
            (14) Cities.--The term ``Cities'' means the cities of 
        Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, and 
        Scottsdale, Arizona.
            (15) Community.--The term ``Community'' means the Gila 
        River Indian Community, a government composed of members of the 
        Pima Tribe and the Maricopa Tribe and organized under section 
        16 of the Act of June 18, 1934 (25 U.S.C. 476).
            (16) Community cap water.--The term ``Community CAP water'' 
        means water to which the Community is entitled under the water 
        delivery contract.
            (17) Community repayment contract.--
                    (A) In general.--The term ``Community 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 water delivery 
                facilities on the Reservation.
                    (B) Inclusions.--The term ``Community repayment 
                contract'' includes any amendments to the contract 
                described in subparagraph (A).
            (18) Community water delivery contract.--
                    (A) In general.--The term ``Community water 
                delivery contract'' means Contract No. 3-07-30-W0284 
                between the Community and the United States dated 
                October 22, 1992.
                    (B) Inclusions.--The term ``Community water 
                delivery contract'' includes any amendments to the 
                contract described in subparagraph (A).
            (19) CRR on-reservation works.--
                    (A) In general.--The term ``CRR on-Reservation 
                works'' means the portions of the San Carlos Irrigation 
                Project located on the Reservation.
                    (B) Inclusion.--The term ``CRR on-Reservation 
                works'' includes the portion of the San Carlos 
                Irrigation Project known as the ``Southside Canal'', 
                from the point at which the Southside Canal connects 
                with the Pima Canal to the boundary of the Reservation.
            (20) Director.--The term ``Director'' means--
                    (A) the Director of the Arizona Department of Water 
                Resources; or
                    (B) with respect to an action to be carried out 
                under this title, a State official or agency designated 
                by the Governor or the State legislature.
            (21) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 207(d).
            (22) Fee land.--The term ``fee land'' means land, other 
        than off-Reservation trust land, owned by the Community outside 
        the exterior boundaries of the Reservation as of December 31, 
        2002.
            (23) Fixed om&r charge.--The term ``fixed OM&R charge'' has 
        the meaning given the term in the repayment stipulation.
            (24) Gila river adjudication proceedings.--The term ``Gila 
        River adjudication proceedings'' means the action pending in 
        the Superior Court of the State of Arizona in and for the 
        County of Maricopa styled ``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) 
        (Consolidated).
            (25) Gila river agreement.--
                    (A) In general.--The term ``Gila River agreement'' 
                means the agreement entitled the ``Gila River Indian 
                Community Water Rights Settlement Agreement'', dated 
                July 1, 2002.
                    (B) Inclusions.--The term ``Gila River agreement'' 
                includes--
                            (i) all exhibits to that agreement; and
                            (ii) any amendment to that agreement or to 
                        an exhibit to that agreement made or added 
                        pursuant to that agreement.
            (26) Globe equity decree.--
                    (A) In general.--The term ``Globe Equity Decree'' 
                means the decree dated June 29, 1935, entered in United 
                States of America v. Gila Valley Irrigation District, 
                Globe Equity No. 59, et al., by the United States 
                District Court for the District of Arizona.
                    (B) Inclusions.--The term ``Globe Equity Decree'' 
                includes all court orders and decisions supplemental to 
                that decree.
            (27) Haggard decree.--
                    (A) In general.--The term ``Haggard Decree'' means 
                the decree dated June 11, 1903, entered in United 
                States of America, as guardian of Chief Charley Juan 
                Saul and Cyrus Sam, Maricopa Indians and 400 other 
                Maricopa Indians similarly situated v. Haggard, et al., 
                Cause No. 19, in the District Court for the Third 
                Judicial District of the Territory of Arizona, in and 
                for the County of Maricopa.
                    (B) Inclusions.--The term ``Haggard Decree'' 
                includes all court orders and decisions supplemental to 
                that decree.
            (28) Including.--The term ``including'' has the same 
        meaning as the term ``including, but not limited to''.
            (29) Injury to water quality.--The term ``injury to water 
        quality'' means any contamination, diminution, or deprivation 
        of water quality under Federal, State, or other law.
            (30) Injury to water rights.--
                    (A) In general.--The term ``injury to water 
                rights'' means an interference with, diminution of, or 
                deprivation of water rights under Federal, State, or 
                other law.
                    (B) Inclusion.--The term ``injury to water rights'' 
                includes a change in the underground water table and 
                any effect of such a change.
                    (C) Exclusion.-- The term ``injury to water 
                rights'' does not include subsidence damage or injury 
                to water quality.
            (31) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
            (32) Master agreement.--The term ``master agreement'' means 
        the agreement entitled ``Arizona Water Settlement Agreement'' 
        entered into by the Director, the Central Arizona Water 
        Conservation District, and the Secretary, dated July 1, 2002.
            (33) Off-reservation trust land.--The term ``off-
        Reservation trust land'' means land outside the exterior 
        boundaries of the Reservation that is held in trust by the 
        United States for the benefit of the Community and the 
        Community members as of the enforceability date.
            (34) Phelps dodge.--The term ``Phelps Dodge'' means the 
        Phelps Dodge Corporation, a New York corporation of that name, 
        and its subsidiaries, successors, or assigns.
            (35) Repayment stipulation.--
                    (A) In general.--The term ``repayment stipulation'' 
                means the Stipulation Regarding a Stay of Litigation, 
                Resolution of Issues During the Stay, and for Ultimate 
                Judgment Upon the Satisfaction of Conditions, filed 
                with the United States District Court for the District 
                of Arizona on May 3, 2000, in Central Arizona Water 
                Conservation District v. United States, et al., No. CIV 
                95-625-TUC-WDB(EHC), No. CIV 95-1720-PHX-EHC 
                (Consolidated Action).
                    (B) Inclusions.--The term ``repayment stipulation'' 
                includes any amendment to or revision of the 
                stipulation described in subparagraph (A).
            (36) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                land located within the exterior boundaries of the 
                reservation created under sections 3 and 4 of the Act 
                of February 28, 1859 (11 Stat. 401, chapter LXVI) and 
                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.
                    (B) Exclusion.--The term ``Reservation'' does not 
                include the land located in sections 16 and 36, 
                Township 4 South, Range 4 East, Salt and Gila River 
                Base and Meridian.
            (37) Roosevelt habitat conservation plan.--The term 
        ``Roosevelt Habitat Conservation Plan'' means the habitat 
        conservation plan approved by the United States Fish and 
        Wildlife Service under section 10(a)(1)(B) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) for the 
        incidental taking of endangered, threatened, and candidate 
        species resulting from the continued operation by the Salt 
        River Project of Roosevelt Dam and Lake, near Phoenix, Arizona.
            (38) Roosevelt water conservation district.--The term 
        ``Roosevelt Water Conservation District'' means the entity of 
        that name that is a political subdivision of the State and an 
        irrigation district organized under the law of the State.
            (39) Safford.--The term ``Safford'' means the city of 
        Safford, Arizona.
            (40) Salt river project.--The term ``Salt River Project'' 
        means the Salt River Project Agricultural Improvement and Power 
        District, a political subdivision of the State, and the Salt 
        River Valley Water Users' Association, an Arizona Territorial 
        corporation.
            (41) San carlos apache tribe.--The term ``San Carlos Apache 
        Tribe'' means the San Carlos Apache Tribe, a tribe of Apache 
        Indians organized under Section 16 of the Indian Reorganization 
        Act of June 18, 1934, 48 Stat. 987 (25 U.S.C. 476).
            (42) San carlos irrigation and drainage district.--The term 
        ``San Carlos Irrigation and Drainage District'' means the 
        entity of that name that is a political subdivision of the 
        State and an irrigation and drainage district organized under 
        the laws of the State.
            (43) San carlos irrigation project.--
                    (A) In general.--The term ``San Carlos Irrigation 
                Project'' means the San Carlos irrigation project 
                authorized under the Act of June 7, 1924 (43 Stat. 
                475).
                    (B) Inclusions.--The term ``San Carlos Irrigation 
                Project'' includes any amendments and supplements to 
                the Act described in subparagraph (A).
            (44) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (45) Special hot lands.--The term ``special hot lands'' has 
        the meaning given the term in subparagraph 2.34 of the UVD 
        agreement.
            (46) State.--The term ``State'' means the State of Arizona.
            (47) Subcontract.--
                    (A) In general.--The term ``subcontract'' means a 
                Central Arizona Project water delivery subcontract.
                    (B) Inclusion.--The term ``subcontract'' includes 
                an amendment to a subcontract.
            (48) Subsidence damage.--The term ``subsidence damage'' 
        means injury to land, water, or other real property resulting 
        from the settling of geologic strata or cracking in the surface 
        of the Earth of any length or depth, which settling or cracking 
        is caused by the pumping of underground water.
            (49) TBI eligible acres.--The term ``TBI eligible acres'' 
        has the meaning given the term in subparagraph 2.37 of the UVD 
        agreement.
            (50) Uncontracted municipal and industrial water.--The term 
        ``uncontracted municipal and industrial water'' means Central 
        Arizona Project municipal and industrial priority water that is 
        not subject to subcontract on the date of enactment of this 
        Act.
            (51) UV decreed acres.--
                    (A) In general.--The term ``UV decreed acres'' 
                means the land located upstream and to the east of the 
                Coolidge Dam for which water may be diverted pursuant 
                to the Globe Equity Decree.
                    (B) Exclusion.--The term ``UV decreed acres'' does 
                not include the reservation of the San Carlos Apache 
                Tribe.
            (52) UV decreed water rights.--The term ``UV decreed water 
        rights'' means the right to divert water for use on UV decreed 
        acres in accordance with the Globe Equity Decree.
            (53) UV subjugated land.--The term ``UV subjugated land'' 
        has the meaning given the term in subparagraph 2.50 of the UVD 
        agreement.
            (54) UVD agreement.--The term ``UVD agreement'' means the 
        agreement among the Community, the United States, the San 
        Carlos Irrigation and Drainage District, the Franklin 
        Irrigation District, the Gila Valley Irrigation District, and 
        other parties located in the upper valley of the Gila River, 
        dated July 1, 2002.
            (55) UVD settling parties.--The term ``UVD settling 
        parties'' means the parties to the UVD agreement other than the 
        United States, the San Carlos Irrigation and Drainage District, 
        and the Community.
            (56) Water om&r fund.--The term ``Water OM&R Fund'' means 
        the Gila River Indian Community Water OM&R Trust Fund 
        established by section 208.
            (57) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
            (58) Water rights appurtenant to nm 381 acres.--The term 
        ``water rights appurtenant to NM 381 acres'' means the water 
        rights--
                    (A) appurtenant to the 380.81 acres described in 
                the decree in Arizona v. California, 376 U.S. 340, 349 
                (1964); and
                    (B) appurtenant to other land, or for other uses, 
                for which the water rights described in subparagraph 
                (A) may be modified or used in accordance with that 
                decree.
            (59) Water rights for nm domestic purposes.--The term 
        ``water rights for NM domestic purposes'' means the water 
        rights for domestic purposes of not more than 265 acre-feet of 
        water for consumptive use described in paragraph IV(D)(2) of 
        the decree in Arizona v. California, 376 U.S. 340, 350 (1964).
            (60) 1982 act.--The term `1982 Act' means the Southern 
        Arizona Water Rights Settlement Act (96 Stat. 1274), as in 
        effect on the day before the date of enactment of this Act.
            (61) 1994 biological opinion.--The term ``1994 biological 
        opinion'' means the biological opinion, numbered 2-21-90-F-119, 
        and dated April 15, 1994, relating to the transportation and 
        delivery of Central Arizona Project water to the Gila River 
        basin.
            (62) 1996 biological opinion.--The term ``1996 biological 
        opinion'' means the biological opinion, numbered 2-21-95-F-462 
        and dated July 23, 1996, relating to the impacts of modifying 
        Roosevelt Dam on the southwestern willow flycatcher.
            (63) 1999 biological opinion.--The term ``1999 biological 
        opinion'' means the draft biological opinion numbered 2-21-91-
        F-706, and dated May 1999, relating to the impacts of the 
        Central Arizona Project on Gila Topminnow in the Santa Cruz 
        River basin through the introduction and spread of nonnative 
        aquatic species.

              TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Central Arizona Project Settlement 
Act of 2002''.

SEC. 102. FINDINGS.

    Congress finds that--
            (1) the water provided by the Central Arizona Project to 
        Maricopa, Pinal, and Pima Counties in the State of Arizona, is 
        vital to citizens of the State; and
            (2) an agreement on the allocation of Central Arizona 
        Project water among interested persons, including Federal and 
        State interests, would provide important benefits to the 
        Federal Government, the State of Arizona, and the citizens of 
        the State.

SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL ARIZONA PROJECT.

    In accordance with the CAP repayment contract, the Central Arizona 
Project may be used to transport nonproject water for--
            (1) domestic, municipal, fish and wildlife, and industrial 
        purposes; and
            (2) any purpose authorized under the Colorado River Basin 
        Project Act (43 U.S.C. 1501 et seq.).

SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT WATER.

    (a) Non-Indian Agricultural Priority Water.--
            (1) Reallocation to indian tribes.--
                    (A) In general.--The Secretary shall reallocate 
                197,500 acre-feet of agricultural priority water made 
                available pursuant to the master agreement for use by 
                Arizona Indian tribes, of which--
                            (i) 102,000 acre-feet shall be reallocated 
                        to the Gila River Indian Community;
                            (ii) 28,200 acre-feet shall be reallocated 
                        to the Tohono O'odham Nation; and
                            (iii) subject to the conditions specified 
                        in subparagraph (B), 67,300 acre-feet shall be 
                        reallocated to Arizona Indian tribes.
                    (B) Conditions.--The reallocation of agricultural 
                priority water under subparagraph (A)(iii) shall be 
                subject to the conditions that--
                            (i) before the Secretary may reallocate the 
                        water to an Arizona Indian tribe, Congress 
                        enacts a law approving an Indian water rights 
                        settlement for that Arizona Indian tribe that 
                        provides for the reallocation; and
                            (ii) the agricultural priority water shall 
                        not, without specific authorization by Act of 
                        Congress, be leased, exchanged, forborne, or 
                        otherwise transferred by an Arizona Indian 
                        tribe for any direct or indirect use outside 
                        the reservation of the Arizona Indian tribe.
            (2) Reallocation to the arizona department of water 
        resources.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall reallocate 96,295 acre-feet of 
                agricultural priority water made available pursuant to 
                the master agreement to the Arizona Department of Water 
                Resources, to be held under contract in trust for 
                further allocation under subparagraph (C).
                    (B) Required documentation.--The reallocation of 
                agricultural priority water under subparagraph (A) is 
                subject to the condition that the Secretary execute any 
                appropriate documents to memorialize the reallocation, 
                including--
                            (i) an allocation decision; and
                            (ii) a contract that prohibits the direct 
                        use of the agricultural priority water by the 
                        Arizona Department of Water Resources.
                    (C) Further allocation.--With respect to the 
                allocation of agricultural priority water under 
                subparagraph (A)--
                            (i) before that water may be further 
                        allocated--
                                    (I) the Director shall submit to 
                                the Secretary, and the Secretary shall 
                                receive, a recommendation for 
                                reallocation;
                                    (II) as soon as practicable after 
                                receiving the recommendation, the 
                                Secretary shall carry out all necessary 
                                reviews of the proposed reallocation, 
                                in accordance with applicable Federal 
                                law; and
                                    (III) if the recommendation is 
                                rejected by the Secretary, the 
                                Secretary shall--
                                            (aa) request a revised 
                                        recommendation from the 
                                        Director; and
                                            (bb) proceed with any 
                                        reviews required under 
                                        subclause (II); and
                            (ii) as soon as practicable after the date 
                        on which agricultural priority water is further 
                        allocated, the Secretary shall offer to enter 
                        into a subcontract for that water in accordance 
                        with paragraphs (1) and (2) of subsection (d).
                    (D) Master agreement.--The reallocation of 
                agricultural priority water under subparagraphs (A) and 
                (C) is subject to the master agreement, including 
                certain rights provided by the master agreement to 
                water users in Pinal County, Arizona.
            (3) Priority.--The agricultural priority water reallocated 
        under paragraphs (1) and (2) shall be subject to the condition 
        that the water retain its non-Indian agricultural delivery 
        priority.
    (b) Uncontracted Central Arizona Project Municipal and Industrial 
Priority Water.--
            (1) Reallocation.--The Secretary shall, on the 
        recommendation of the Director, reallocate 65,647 acre-feet of 
        uncontracted municipal and industrial water, of which--
                    (A) 285 acre-feet shall be reallocated to the town 
                of Superior, Arizona;
                    (B) 806 acre-feet shall be reallocated to the Cave 
                Creek Water Company;
                    (C) 1,931 acre-feet shall be reallocated to the 
                Chaparral Water Company;
                    (D) 508 acre-feet shall be reallocated to the town 
                of El Mirage, Arizona;
                    (E) 7,211 acre-feet shall be reallocated to the 
                city of Goodyear, Arizona;
                    (F) 147 acre-feet shall be reallocated to the H2O 
                Water Company;
                    (G) 7,115 acre-feet shall be reallocated to the 
                city of Mesa, Arizona;
                    (H) 5,527 acre-feet shall be reallocated to the 
                city of Peoria, Arizona;
                    (I) 2,981 acre-feet shall be reallocated to the 
                city of Scottsdale, Arizona;
                    (J) 808 acre-feet shall be reallocated to the AVRA 
                Cooperative;
                    (K) 4,986 acre-feet shall be reallocated to the 
                city of Chandler, Arizona;
                    (L) 1,071 acre-feet shall be reallocated to the Del 
                Lago (Vail) Water Company;
                    (M) 3,053 acre-feet shall be reallocated to the 
                city of Glendale, Arizona;
                    (N) 1,521 acre-feet shall be reallocated to the 
                Community Water Company of Green Valley, Arizona;
                    (O) 4,602 acre-feet shall be reallocated to the 
                Metropolitan Domestic Water Improvement District;
                    (P) 3,557 acre-feet shall be reallocated to the 
                town of Oro Valley, Arizona;
                    (Q) 8,206 acre-feet shall be reallocated to the 
                city of Phoenix, Arizona;
                    (R) 2,876 acre-feet shall be reallocated to the 
                city of Surprise, Arizona;
                    (S) 8,206 acre-feet shall be reallocated to the 
                city of Tucson, Arizona; and
                    (T) 250 acre-feet shall be reallocated to the 
                Valley Utilities Water Company.
            (2) Subcontracts.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, in accordance with 
                paragraphs (1) and (2) of subsection (d) and any 
                applicable Federal laws, the Secretary shall offer to 
                enter into subcontracts for the delivery of the 
                uncontracted municipal and industrial water reallocated 
                under paragraph (1).
                    (B) Revised recommendation.--If the Secretary is 
                precluded under applicable Federal law from entering 
                into a subcontract with an entity identified in 
                paragraph (1), the Secretary shall--
                            (i) request a revised recommendation from 
                        the Director; and
                            (ii) on receipt of a recommendation under 
                        clause (i), reallocate and enter into a 
                        subcontract for the delivery of the water in 
                        accordance with subparagraph (A).
    (c) Limitations.--
            (1) Amount.--The total amount of entitlements under long-
        term contracts (as defined in the repayment stipulation) for 
        the delivery of Central Arizona Project water in the State 
        shall not exceed 1,415,000 acre-feet, of which--
                    (A) 667,724 acre-feet shall be--
                            (i) under contract to Arizona Indian 
                        tribes; or
                            (ii) available to the Secretary for 
                        allocation to Arizona Indian tribes; and
                    (B) 747,276 acre-feet shall be under contract or 
                available for allocation to--
                            (i) non-Indian municipal and industrial 
                        entities;
                            (ii) the Arizona Department of Water 
                        Resources; and
                            (iii) non-Indian agricultural entities.
            (2) Transfer.--
                    (A) In general.--Except pursuant to the master 
                agreement, Central Arizona Project water may not be 
                transferred from--
                            (i) a use authorized under paragraph (1)(A) 
                        to a use authorized under paragraph (1)(B); or
                            (ii) a use authorized under paragraph 
                        (1)(B) to a use authorized under paragraph 
                        (1)(A).
                    (B) Exceptions.--
                            (i) Leases.--A lease of Central Arizona 
                        Project water by an Arizona Indian tribe to an 
                        entity described in paragraph (1)(B) under an 
                        Indian water rights settlement approved by an 
                        Act of Congress shall not be considered to be a 
                        transfer for purposes of subparagraph (A).
                            (ii) Exchanges.--An exchange of Central 
                        Arizona Project water by an Arizona Indian 
                        tribe to an entity described in paragraph 
                        (1)(B) shall not be considered to be a transfer 
                        for purposes of subparagraph (A).
    (d) Central Arizona Project Contracts and Subcontracts.--
            (1) In general.--Notwithstanding section 6 of the Act of 
        August 4, 1939 (commonly known as the ``Reclamation Project Act 
        of 1939'') (43 U.S.C. 485e), and paragraphs (2) and (3) of 
        section 304(b) of the Colorado River Basin Project Act (43 
        U.S.C. 1524(b)), as soon as practicable after the date of 
        enactment of this Act, the Secretary shall offer to enter into 
        subcontracts or to amend all Central Arizona Project contracts 
        and subcontracts in effect as of that date in accordance with 
        paragraph (2).
            (2) Requirements.--All subcontracts and amendments to 
        Central Arizona Project contracts and subcontracts under 
        paragraph (1)--
                    (A) shall be for permanent service (within the 
                meaning of section 5 of the Boulder Canyon Project Act 
                of 1928 (43 U.S.C. 617d));
                    (B) shall have an initial delivery term that is the 
                greater of--
                            (i) 100 years; or
                            (ii) a term--
                                    (I) authorized by Congress; or
                                    (II) provided under the appropriate 
                                Central Arizona Project contract or 
                                subcontract in existence on the date of 
                                enactment of this Act;
                    (C) shall conform to the shortage sharing criteria 
                described in paragraph 8.16 of the Gila River agreement 
                and paragraph 5.3 of the Tohono O'odham settlement 
                agreement;
                    (D) shall include the prohibition and exception 
                described in subsection (e); and
                    (E) shall not require--
                            (i) that any Central Arizona Project water 
                        received in exchange for effluent be deducted 
                        from the contractual entitlement of the CAP 
                        contractor or CAP subcontractor; or
                            (ii) that any additional modification of 
                        the Central Arizona Project contracts or 
                        subcontracts be made as a condition of 
                        acceptance of the subcontract or amendments.
            (3) Applicability.--This subsection does not apply to--
                    (A) a subcontract for non-Indian agricultural use; 
                and
                    (B) a contract executed under paragraph 5(d) of the 
                repayment stipulation.
    (e) Prohibition on Transfer.--
            (1) In general.--Except as provided in paragraph (2), no 
        Central Arizona Project water shall be leased, exchanged, 
        forborne, or otherwise transferred in any way for use directly 
        or indirectly outside the State.
            (2) Exception.--Water may be leased, exchanged, forborne, 
        or otherwise transferred under an agreement with the Arizona 
        Water Banking Authority that is in accordance with section 414 
        of title 43, Code of Federal Regulations.
            (3) Effect of subsection.--Nothing in this subsection 
        prohibits any entity from entering into a contract with the 
        Arizona Water Banking Authority or a successor of the Authority 
        under State law.

SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN WATER.

    (a) Firming Program.--The Secretary and the State shall develop a 
firming program to ensure that 60,648 acre-feet of the agricultural 
priority water made available pursuant to the master agreement and 
reallocated to Arizona Indian tribes under subsection 104(a)(1), shall, 
for a 100-year period, be delivered during water shortages in the same 
manner as water with a municipal and industrial delivery priority in 
the Central Arizona Project system is delivered during water shortages.
    (b) Duties.--
            (1) Secretary.--The Secretary shall--
                    (A) firm 28,200 acre-feet of agricultural priority 
                water reallocated to the Tohono O'odham Nation under 
                section 104(a)(1)(A)(ii); and
                    (B) firm 8,724 acre-feet of agricultural priority 
                water reallocated to Arizona Indian tribes under 
                section 104(a)(1)(A)(iii).
            (2) State.--The State shall--
                    (A) firm 15,000 acre-feet of agricultural priority 
                water reallocated to the Gila River Indian Community 
                under section 104(a)(1)(A)(i);
                    (B) firm 8,724 acre-feet of agricultural priority 
                water reallocated to Arizona Indian tribes under 
                section 104(a)(1)(A)(iii); and
                    (C) assist the Secretary in carrying out 
                obligations of the Secretary under paragraph (1)(A) in 
                accordance with section 306 of the Southern Arizona 
                Water Rights Settlement Amendments Act (as added by 
                section 301).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
the duties of the Secretary under subsection (b)(1).

SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY WATER.

    (a) Approval of Agreement.--
            (1) In general.--The master agreement is authorized, 
        ratified, and confirmed.
            (2) Exhibits.--The Secretary shall execute any of the 
        exhibits to the master agreement that have not been executed as 
        of the date of enactment of this Act.
    (b) Nonreimbursable Debt.--In accordance with the master agreement, 
the portion of 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 the master agreement as nonreimbursable 
to the United States, shall be nonreimbursable and nonreturnable to the 
United States in an amount not to exceed $73,561,337.
    (c) Exemption.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa 
et seq.) and any other acreage limitation or full cost pricing 
provisions of Federal law shall not apply to--
            (1) land within the exterior boundaries of the Central 
        Arizona Water Conservation District or served by Central 
        Arizona Project water;
            (2) land within the exterior boundaries of the Salt River 
        Reservoir District;
            (3) land held in trust by the United States for an Arizona 
        Indian tribe that is--
                    (A) within the exterior boundaries of the Central 
                Arizona Water Conservation District; or
                    (B) served by Central Arizona Project water; and
            (4) any person, entity, or land, solely on the basis of--
                    (A) receipt of any benefits under this Act;
                    (B) execution or performance of the Gila River 
                agreement; or
                    (C) the use, storage, delivery, lease, or exchange 
                of Central Arizona Project water.

SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.

    (a) In General.--Section 403 of the Colorado River Basin Project 
Act (43 U.S.C. 1543) is amended by striking subsection (f) and 
inserting the following:
    ``(f) Additional Uses of Revenue Funds.--
            ``(1) Crediting against central arizona water conservation 
        district payments.--Funds credited to the development fund 
        pursuant to subsection (b) and paragraphs (1) and (3) of 
        subsection (c), and the portion of revenues derived from the 
        sale of power and energy for use in the State of Arizona 
        pursuant to subsection (c)(2) in excess of the amount necessary 
        to meet the requirements of paragraphs (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) Further use of revenue funds credited against 
        payments of central arizona water conservation district.--After 
        being credited in accordance with paragraph (1), the funds and 
        portion of revenues described in that paragraph shall be 
        available annually, without further appropriation, in order of 
        priority--
                    ``(A) to pay fixed operation, maintenance, and 
                replacement charges associated with the delivery of 
                Central Arizona Project water under long-term contracts 
                for use by Arizona Indian tribes (as defined in section 
                2 of the Arizona Water Settlements Act);
                    ``(B) to make deposits, totaling $53,000,000 in the 
                aggregate, in the Gila River Indian Community Water 
                OM&R Trust Fund established by section 207 of the Gila 
                River Indian Community Water Rights Settlement Act of 
                2002;
                    ``(C) to pay an amount equal to $147,000,000, 
                adjusted to reflect changes since January 1, 2000, in 
                the Consumer Price Index for all urban consumers 
                published by the Department of Labor, to the Gila River 
                Indian Community to rehabilitate the San Carlos 
                Irrigation Project, of which not more than $25,000,000 
                shall be available annually, on request by the Gila 
                River Indian Community in accordance with attachment 
                6.5.1 of exhibit 20.1 of the Gila River Indian 
                Community Water Rights Settlement, dated July 1, 2002, 
                except that the total amount shall be increased or 
                decreased, as appropriate, based on ordinary 
                fluctuations in construction cost indices applicable to 
                the types of construction involved in the 
                rehabilitation;
                    ``(D) in addition to amounts made available for the 
                purpose through annual appropriations, and without 
                regard to priority--
                            ``(i) to pay the costs associated with the 
                        construction of distribution systems required 
                        to implement the provisions of--
                                    ``(I) the contract entered into 
                                between the United States and the Gila 
                                River Indian Community, numbered 6-07-
                                03-W0345, and dated May 4, 1998;
                                    ``(II) section 3707(a)(1) of the 
                                San Carlos Apache Tribe Water Rights 
                                Settlement Act of 1992 (106 Stat. 
                                4747); and
                                    ``(III)(aa) subsections (a) and (b) 
                                of section 304 of the Southern Arizona 
                                Water Rights Settlement Amendments Act 
                                of 2002; or
                                    ``(bb) on occurrence of the event 
                                described in section 317(1)(B) of the 
                                Southern Arizona Water Rights 
                                Settlement Amendments Act of 2002, 
                                section 303(a) of the 1982 Act;
                            ``(ii) to pay any costs authorized by 
                        Congress to be paid (including any costs to 
                        construct distribution systems and excluding 
                        costs otherwise payable by non-Federal, non-
                        Indian parties) under any Arizona Indian water 
                        rights settlement Act enacted after May 9, 
                        2000; and
                            ``(iii) to pay other costs authorized 
                        under--
                                    ``(I) the Gila River Indian 
                                Community Water Rights Settlement Act 
                                of 2002; or
                                    ``(II)(aa) the Southern Arizona 
                                Water Rights Settlement Amendments Act 
                                of 2002; or
                                    ``(bb) on occurrence of the event 
                                described in section 317(1)(B) of the 
                                Southern Arizona Water Rights 
                                Settlement Amendments Act of 2002, the 
                                1982 Act;
                    ``(E) in addition to amounts made available for the 
                purpose through annual appropriations--
                            ``(i) to pay the 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; and
                            ``(ii) to make payments to those tribes in 
                        accordance with paragraph 8(d)(i)(1)(v) of the 
                        Central Arizona Project repayment stipulation 
                        (as defined in section 2 of the Arizona Water 
                        Settlements Act), except that if a water rights 
                        settlement Act of Congress authorizes such 
                        construction, the applicable tribes shall be 
                        treated, and payments shall be made, in 
                        accordance with subparagraph (D)(ii); and
                    ``(F) if any amounts remain in the development fund 
                at the end of a fiscal year, to be carried over to the 
                following fiscal year for use for the purposes 
                described in subparagraphs (A) through (E).
            ``(3) Revenue funds in excess of revenue funds credited 
        against central arizona water conservation district payments.--
        The funds and portion of revenues described in paragraph (1) 
        that are in excess of amounts credited under paragraph (1) 
        shall be available, on an annual basis, without further 
        appropriation, in order of priority--
                    ``(A) to pay 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 2 
                of the Arizona Water Settlements Act of 2002);
                    ``(B) to make the final outstanding annual payment 
                for the costs of each unit of the projects authorized 
                under title III that are to be repaid by the Central 
                Arizona Water Conservation District;
                    ``(C) to reimburse the general fund of the Treasury 
                for fixed operation, maintenance, and replacement 
                charges previously paid under paragraph (2)(A);
                    ``(D) to reimburse the general fund of the Treasury 
                for costs associated with any Indian water rights 
                settlement previously paid under subparagraphs (B) 
                through (E) of paragraph (2);
                    ``(E) to pay to the general fund of the Treasury 
                the annual installment on any debt relating to the 
                Central Arizona Project 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(d)) made 
                nonreimbursable under section 106(b) of the Central 
                Arizona Project Settlement Act of 2002;
                    ``(F) to pay to the general fund of the Treasury 
                the difference between--
                                    ``(I) the costs of each unit of the 
                                projects authorized under title III 
                                that are repayable by the Central 
                                Arizona Water Conservation District; 
                                and
                                    ``(II) any costs allocated to 
                                repayable functions under any Central 
                                Arizona Project cost allocation 
                                undertaken by the United States; and
                    ``(G) for deposit in the general fund of the 
                Treasury.
            ``(4) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the development fund as is 
                not, in the judgment of the Secretary of the Interior, 
                required to meet current needs of the development fund. 
                Investments may be made only in interest-bearing 
                obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the development fund may be sold by the Secretary of 
                the Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the development fund shall be 
                credited to and form a part of the development fund.''.
    (b) Limitation.--Before the date on which the findings of the 
Secretary under section 207(d) have been published in the Federal 
Register, amounts made available under the amendments in subsection 
(a)--
            (1) shall be identified and retained in the Lower Colorado 
        River Basin Development Fund established by section 403 of the 
        Colorado River Basin Project Act (43 U.S.C. 1543); and
            (2) shall not be expended or withdrawn from that fund until 
        the date on which the findings described in section 207(d) are 
        published in the Federal Register.
    (c) Technical Amendments.--The Colorado River Basin Project Act (43 
U.S.C. 1501 et seq.) is amended--
            (1) in section 403(g), by striking ``clause (c)(2)'' and 
        inserting ``subsection (c)(2)'';
            (2) by striking ``clause'' each other place it appears and 
        inserting ``paragraph''; and
            (3) by striking ``clauses'' each place it appears and 
        inserting ``paragraphs''.

SEC. 108. EFFECT.

    Except for provisions relating to the allocation of Central Arizona 
Project water and the Reclamation Reform Act of 1982 (43 U.S.C. 390aa 
et seq.), nothing in this title affects--
            (1) any treaty, law, or agreement governing the use of 
        water from the Colorado River; or
            (2) any existing rights to use Colorado River water.

SEC. 109. REPEAL.

    Section 11(h) of the Salt River Pima-Maricopa Indian Community 
Water Rights Settlement Act of 1988 (102 Stat. 2559) is repealed.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to comply with--
            (1) the 1994 biological opinion, including any funding 
        transfers required by the opinion;
            (2) the 1996 biological opinion, including any funding 
        transfers required by the opinion; and
            (3) any final biological opinion resulting from the 1999 
        biological opinion, including any funding transfers required by 
        the opinion.
    (b) Construction Costs.--Amounts made available under subsection 
(a) shall be treated as Central Arizona Project construction costs.
    (c) Agreements.--
            (1) In general.--Any amounts made available under 
        subsection (a) may be used to carry out agreements to 
        permanently fund long-term reasonable and prudent alternatives 
        in accepted biological opinions relating to the Central Arizona 
        Project.
            (2) Requirements.--To ensure that long-term environmental 
        compliance may be met without further appropriations, an 
        agreement under paragraph (1) shall include a provision 
        requiring that the contractor manage the funds through 
        interest-bearing investments.

SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE UNDER TITLE II.

    (a) In General.--Except as provided in subsection (b), if the 
Secretary does not publish a statement of findings under section 207(d) 
by December 31, 2007--
            (1) this title is repealed effective January 1, 2008, and 
        any action taken by the Secretary and any contract entered 
        under any provision of this title shall be void; and
            (2) any amounts appropriated under section 110 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.
    (b) Exception.--No subcontract amendment executed by the Secretary 
under the notice of June 4, 2002 (67 Fed. Reg. 38514) shall be 
considered to be a contract entered into by the Secretary for purposes 
of subsection (a)(1).

     TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Gila River Indian Community Water 
Rights Settlement Act of 2002''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) it is the policy of the United States, in keeping with 
        the trust responsibility of the United States to Indian 
        tribes--
                    (A) to promote Indian self-determination and 
                economic self-sufficiency; and
                    (B) to settle, whenever 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 viable Indian 
        reservation economies;
            (3) the quantification of rights to water and development 
        of facilities needed to use tribal water supplies in an 
        effective manner is essential to the development of viable 
        Indian reservation economies, particularly in arid western 
        States;
            (4) continued uncertainty concerning the extent of the 
        entitlement of the Gila River Indian Community to water--
                    (A) has severely limited access by the Community to 
                water and financial resources necessary to develop 
                valuable agricultural land; and
                    (B) has frustrated the efforts of the Community to 
                achieve meaningful self-determination and self-
                sufficiency;
            (5) proceedings to determine and enforce the full extent 
        and nature of, and injury to, the water rights of the Community 
        are currently pending in the United States District Court for 
        the District of Arizona, and water rights claims are pending in 
        the Superior Court of the State in and for Maricopa County as 
        part of the Gila River adjudication proceedings;
            (6) because final resolution of pending litigation would 
        take many years and entail great expense, continue economically 
        and socially damaging limits to access to water by the 
        Community, prolong uncertainty concerning the availability of 
        water supplies, and seriously impair long-term economic 
        planning and development, the Community and the neighbors of 
        the Community have sought to settle their disputes concerning 
        water and reduce the burdens of litigation;
            (7) after many years of negotiation, the United States, the 
        Community, and the neighbors of the Community, many of whom are 
        parties to the Gila River adjudication proceedings, have 
        entered into a settlement agreement to--
                    (A) resolve permanently certain damage claims and 
                all water rights claims between the United States and 
                the Community and its neighbors; and
                    (B) recognize the right of the allottees to use 
                water for irrigation purposes on the Reservation; 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 the allottees, it is appropriate 
        that the United States participate in the implementation of the 
        Gila River agreement and contribute funds to enable the 
        Community and the allottees to use the water entitlements 
        recognized or provided for in the Gila River agreement or this 
        title in developing a diverse and efficient economy.
    (b) Purposes.--The purposes of this title are--
            (1) to authorize, ratify, and confirm the Gila River 
        agreement;
            (2) to authorize and direct the Secretary to execute and 
        perform all obligations of the Secretary under the Gila River 
        agreement; and
            (3) to authorize the actions and appropriations necessary 
        for the United States to meet obligations of the United States 
        under the Gila River agreement and this title.

SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS 
              SETTLEMENT AGREEMENT.

    (a) In General.--Except to the extent that the Gila River agreement 
conflicts with a provision of this title, the Gila River agreement is 
authorized, ratified, and confirmed.
    (b) Execution of Agreement.--The Secretary shall execute the Gila 
River agreement, including all exhibits to the Gila River agreement 
requiring the signature of the Secretary and any amendments necessary 
to make the Gila River agreement consistent with this title, after the 
Community has executed the Gila River agreement and any such 
amendments.
    (c) National Environmental Policy Act.--
            (1) No major federal action.--Execution of the Gila River 
        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.).
            (2) Environmental compliance activities.--The Secretary 
        shall promptly carry out the environmental compliance 
        activities necessary to implement the Gila River agreement, 
        including activities under the National Environmental Policy 
        Act and the Endangered Species Act (16 U.S.C. 1531 et seq.).
            (3) Lead agency.--The Bureau of Reclamation shall be 
        designated as the lead agency with respect to environmental 
        compliance.
    (d) Rehabilitation and Operation, Maintenance, and Replacement of 
Certain Water Works.--
            (1) In general.--In accordance with this title and exhibit 
        20.1 to the Gila River agreement, and as provided in this 
        subsection, the Secretary shall provide for the rehabilitation 
        and operation, maintenance, and replacement of the San Carlos 
        Irrigation Project water diversion and delivery works.
            (2) Joint control board agreement.--The Secretary shall 
        execute the joint control board agreement described in exhibit 
        20.1 to the Gila River agreement.
            (3) Rehabilitation costs allocable to the community.--The 
        rehabilitation costs allocable to the Community under exhibit 
        20.1 to the Gila River agreement shall be paid from the funds 
        available under paragraph (2)(C) of section 403(f) of the 
        Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as 
        amended by section 107(a)).
            (4) Rehabilitation costs not allocable to the community.--
                    (A) In general.--The rehabilitation costs not 
                allocable to the Community under exhibit 20.1 to the 
                Gila River agreement shall be provided from funds 
                available under paragraph (2)(D)(iii)(I) of section 
                403(f) of the Colorado River Basin Project Act (43 
                U.S.C. 1543(f)) (as amended by section 107(a)).
                    (B) Supplementary repayment contract.--The 
                Secretary shall execute a supplementary repayment 
                contract with the San Carlos Irrigation and Drainage 
                District in the form provided for in exhibit 20.1 to 
                the Gila River agreement which shall, among other 
                things, provide that--
                            (i) in accomplishing the work under the 
                        supplemental repayment contract, the San Carlos 
                        Irrigation and Drainage District may use the 
                        labor and contracting authorities that are 
                        available under State law; and
                            (ii) a portion of the San Carlos Irrigation 
                        and Drainage District's share of the 
                        rehabilitation costs specified in exhibit 20.1 
                        to the Gila River agreement shall be 
                        nonreimbursable.
            (5) Lead agency.--The Bureau of Reclamation shall be 
        designated as the lead agency for oversight of the construction 
        and rehabilitation of the San Carlos Irrigation Project 
        authorized by this section.
            (6) Operation and maintenance responsibility.--
                    (A) In general.--The Secretary shall retain the 
                operation and maintenance responsibility for the CRR 
                on-Reservation works until such time as the Community 
                assumes that responsibility pursuant to applicable law.
                    (B) Financial responsibility.--The Secretary shall 
                retain sole financial responsibility for the payment, 
                on behalf of the Community, of the portion of the 
                operation and maintenance costs that are attributable 
                to the Community for the operation and maintenance of 
                the San Carlos Irrigation Project.

SEC. 204. WATER RIGHTS.

    (a) Rights Held in Trust.--The water rights of the Community 
described in the Gila River agreement shall be held in trust by the 
United States on behalf of the Community.
    (b) Reallocation.--In accordance with this title and the Gila River 
agreement, the Secretary shall reallocate to the Community and contract 
for the delivery of--
            (1) an annual entitlement to 18,600 acre-feet of CAP 
        agricultural priority water in accordance with the agreement 
        among the Secretary, the Community, and Roosevelt Water 
        Conservation District dated August 7, 1992;
            (2) an annual entitlement to 18,100 acre-feet of CAP Indian 
        priority water, which was permanently relinquished by 
        Harquahala Valley Irrigation District in accordance with 
        Contract No. 3-07-W0290 among the Central Arizona Water 
        Conservation District, the Harquahala Valley Irrigation 
        District, and the United States, and converted to CAP Indian 
        priority water under the Fort McDowell Indian Community Water 
        Rights Settlement Act of 1990 (104 Stat. 4480);
            (3) an annual entitlement to 17,000 acre-feet of CAP 
        municipal and industrial priority water under the subcontract 
        among the United States, the Central Arizona Water Conservation 
        District, and Asarco, Subcontract No. 3-07-30-W0307, dated 
        November 7, 1993, in connection with which the Secretary shall 
        simultaneously execute and subsequently implement the exchange 
        and lease agreements attached to exhibit 11.1 to the Gila River 
        agreement; and
            (4) as provided in section 104(a)(1)(A)(i), an annual 
        entitlement to 102,000 acre-feet of CAP agricultural priority 
        water acquired pursuant to the master agreement.
    (c) Water Service Capital Charges.--The Community shall not be 
responsible for water service capital charges for CAP water.
    (d) Allocation and Repayment.--For the purpose of determining the 
allocation and repayment of costs of any stages of the Central Arizona 
Project constructed after the date of enactment of this Act, the costs 
associated with the delivery of Community CAP water, whether that water 
is delivered for use by the Community or in accordance with any 
assignment, exchange, lease, option to lease, or other agreement for 
the temporary disposition of water entered into by the Community--
            (1) shall be nonreimbursable; and
            (2) shall be excluded from the repayment obligation of the 
        Central Arizona Water Conservation District.
    (e) Application of Provisions.--
            (1) In general.--The water rights recognized and confirmed 
        to the Community by the Gila River agreement and this title 
        shall be subject to section 7 of the Act of February 8, 1887 
        (25 U.S.C. 381).
            (2) Water code.--Not later than 3 years after the 
        enforceability date, the Community shall enact a water code, 
        subject to any applicable provision of law, that--
                    (A) manages, regulates, and controls the water 
                resources on the Reservation;
                    (B) governs all of the water rights that are held 
                in trust by the United States for the benefit of the 
                Community; and
                    (C) includes, subject to approval of the 
                Secretary--
                            (i) a process by which any allottee, or any 
                        successor in interest to an allottee, may 
                        request and be provided with a just and 
                        equitable distribution of water for irrigation 
                        use on allotted land of the allottee; and
                            (ii) a due process system for the 
                        consideration and determination of any request 
                        by any allottee, or any successor in interest 
                        to an allottee, for a just and equitable 
                        distribution of water, including a process for 
                        appeal and adjudication of denied or disputed 
                        distributions of water and for resolution of 
                        contested administrative decisions.
            (3) Administration.--The Secretary shall administer all 
        rights to water granted or confirmed to the Community by the 
        Gila River agreement until such date as the water code 
described in paragraph (2) has been enacted and approved by the 
Secretary.

SEC. 205. COMMUNITY WATER DELIVERY CONTRACT AMENDMENTS.

    (a) In General.--The Secretary shall amend the Community water 
delivery contract to provide, among other things, in accordance with 
the Gila River agreement, that--
            (1) the contract shall be--
                    (A) for permanent service (within the meaning of 
                section 5 of the Boulder Canyon Project Act (43 U.S.C. 
                617d)); and
                    (B) without limit as to term;
            (2) the Community may, with the approval of the Secretary--
                    (A) enter into contracts or options to lease (for a 
                term not to exceed 100 years) or contracts or options 
                to exchange, Community CAP water within Maricopa, 
                Pinal, Pima, La Paz, Yavapai, Gila, Graham, Greenlee, 
                Santa Cruz, or Coconino Counties, Arizona, providing 
                for the temporary delivery to others of any portion of 
                the Community CAP water; and
                    (B) renegotiate any lease at any time during the 
                term of the lease, so long as the term of the 
                renegotiated lease does not exceed 100 years;
            (3)(A) the Community, and not the United States, shall be 
        entitled to all consideration due to the Community under any 
        leases or options to lease and exchanges or options to exchange 
        Community CAP water entered into by the Community; and
            (B) the United States shall have no trust obligation or 
        other obligation to monitor, administer, or account for any 
        consideration received by the Community under any such leases 
        or options to lease and exchanges or options to exchange;
            (4)(A) all Community CAP water shall be delivered through 
        the CAP system; and
            (B) if the delivery capacity of the CAP system is 
        significantly reduced or is anticipated to be significantly 
        reduced for an extended period of time, the Community shall 
        have the same CAP delivery rights as other CAP contractors and 
        CAP subcontractors, if such CAP contractors or CAP 
        subcontractors are allowed to take delivery of water other than 
        through the CAP system;
            (5) the Community may use Community CAP water on or off the 
        Reservation for Community purposes;
            (6) as authorized by subparagraph (A) of section 403(f)(2) 
        of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)) 
        (as amended by section 107(a)) and to the extent that funds are 
        available in the Lower Colorado River Basin Development Fund 
        established by section 403 of that Act (43 U.S.C. 1543), the 
        United States shall pay to the CAP operating agency the fixed 
        OM&R charges associated with the delivery of Community CAP 
        water, except for Community CAP water leased by others;
            (7) the costs associated with the construction of the CAP 
        system--
                    (A) shall be nonreimbursable; and
                    (B) shall be excluded from any repayment obligation 
                of the Community; and
            (8) no CAP water service capital charges shall be due or 
        payable for Community CAP water, whether CAP water is delivered 
        for use by the Community or is delivered under any leases, 
        options to lease, exchanges or options to exchange Community 
        CAP water entered into by the Community.
    (b) Amended and Restated Community Water Delivery Contract.--
Notwithstanding any other provision of law, the Amended and Restated 
Community CAP water Delivery Contract set forth in exhibit 8.2 to the 
Gila River agreement is authorized, ratified, and confirmed, and the 
Secretary shall execute the contract.
    (c) Leases.--The leases of Community CAP water by the Community to 
Asarco, Phelps Dodge, and any of the Cities, attached as exhibits to 
the Gila River agreement, are authorized, ratified, and confirmed, and 
the Secretary shall execute the leases.
    (d) Reclaimed Water Exchange Agreement.--The Reclaimed Water 
Exchange Agreement among the cities of Chandler and Mesa, Arizona, the 
Community, and the United States, attached as exhibit 18.1 to the Gila 
River agreement, is authorized, ratified, and confirmed, and the 
Secretary shall execute the agreement.
    (e) Payment of Charges.--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 the CAP water, except as provided in the lease or exchange 
agreement.
    (f) Prohibitions.--
            (1) Use outside the state.--None of the Community CAP water 
        shall be leased, exchanged, forborne, or otherwise transferred 
        by the Community for use directly or indirectly outside the 
        State.
            (2) Use off reservation.--Except as authorized by this 
        section and subparagraph 4.7 of the Gila River agreement, no 
        water made available to the Community under the Gila River 
        agreement, the Globe Equity Decree, the Haggard Decree, or this 
        title may be sold, leased, transferred, or used off the 
        Reservation other than by exchange.
            (3) Agreements with the arizona water banking authority.--
        Nothing in this Act or the Gila River agreement limits the 
        right of the Community to enter into any agreement with the 
        Arizona Water Banking Authority, or any successor agency or 
        entity, in accordance with State law.

SEC. 206. EXTINGUISHMENT OF CLAIMS.

    (a) In General.--The benefits realized by the Community, Community 
members, and allottees under this title shall be in complete 
replacement of and substitution for, and full satisfaction of, all 
claims of the Community, Community members, and allottees for water 
rights, injury to water rights, injury to water quality and subsidence 
damage, except as set forth in the Gila River agreement, under Federal, 
State, or other law with respect to the Reservation, off-Reservation 
trust land, and fee land.
    (b) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in subsection 204(e), nothing in this title has 
the effect of recognizing or establishing any right of a Community 
member or allottee to water on the Reservation.

SEC. 207. WAIVER AND RELEASE OF CLAIMS.

    (a) In General.--
            (1) Claims against the state and others acting under 
        federal, state, or other law.--
                    (A) By the community.--Except as provided in the 
                Gila River agreement, the Community, on behalf of the 
                Community and Community members (but not members in 
                their capacities as allottees), and the Secretary, on 
                behalf of the United States and the Community and 
                Community members (but not members in their capacities 
                as allottees), as part of the performance of 
                obligations under the Gila River agreement, are 
                authorized to execute a waiver and release of any 
                claims against the State (or any agency or political 
                subdivision of the State) or any other person, entity, 
                corporation, or municipal corporation under Federal, 
                State, or other law for--
                            (i)(I) past, present, and future claims for 
                        water rights for land within the Reservation, 
                        off-Reservation trust land, and  fee land 
arising from time immemorial and, thereafter, forever; and
                            (II) past, present, and future claims for 
                        water rights based on aboriginal occupancy of 
                        land by the Community and Community members, or 
                        their predecessors arising from time immemorial 
                        and, thereafter, forever;
                            (ii)(I) past and present injury to water 
                        rights for land within the Reservation, off-
                        Reservation trust land, and fee land arising 
                        from time immemorial through the enforceability 
                        date;
                            (II) past, present, and future injury to 
                        water rights based on aboriginal occupancy of 
                        land by the Community and Community members, or 
                        their predecessors arising from time immemorial 
                        and, thereafter, forever; and
                            (III) injury to water rights arising after 
                        the enforceability date for land within the San 
                        Xavier Reservation and the eastern Schuk Toak 
                        District of the Tohono O'odham Nation resulting 
                        from the off-Reservation diversion or use of 
                        water in a manner not in violation of the 
                        Tohono O'odham settlement agreement or State 
                        law;
                            (iii)(I) past and present injury to water 
                        quality (other than claims arising out of the 
                        actions that resulted in the remediations 
                        described in exhibit 25.2.1.6 to the Gila River 
                        agreement), including claims for trespass, 
                        nuisance, and real property damage and claims 
                        under all current and future Federal, State, 
                        and other environmental laws and regulations 
                        (including claims under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                        and Ariz. Rev. Stat. 49-282), for land within 
                        the exterior boundaries of the Reservation, 
                        off-Reservation trust land, and fee land 
                        arising from time immemorial through December 
                        31, 2002;
                            (II) past, present, and future injury to 
                        water quality (other than claims arising out of 
                        actions that resulted in the remediations 
                        described in exhibit 25.2.1.6 to the Gila River 
                        agreement), including claims for trespass, 
                        nuisance, and real property damage and claims 
                        under all current and future Federal, State, 
                        and other environmental laws and regulations 
                        (including claims under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                        and Ariz. Rev. Stat. 49-282), that are based on 
                        aboriginal occupancy of land by the Community 
                        and Community members, or their predecessors, 
                        arising from time immemorial and, thereafter, 
                        forever;
                            (III) injury to water quality (other than 
                        claims arising out of actions that resulted in 
                        the remediations described in exhibit 25.2.1.6 
                        to the Gila River agreement) arising after 
                        December 31, 2002, including claims for 
                        trespass, nuisance, and real property damage 
                        and claims under all current and future 
                        Federal, State, and other environmental laws 
                        and regulations (including claims under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.) and Ariz. Rev. Stat. 49-
                        282), that result from--
                                    (aa) the delivery of water to the 
                                Community under the Gila River 
                                agreement;
                                    (bb) the off-Reservation diversion 
                                (other than pumping), or ownership or 
                                operation of structures for the off-
                                Reservation diversion (other than 
                                pumping), of water;
                                    (cc) the off-Reservation pumping, 
                                or ownership or operation of structures 
                                for the off-Reservation pumping, of 
                                water in a manner not in violation of 
                                the Gila River agreement or of any 
                                applicable pumping limitations under 
                                State law;
                                    (dd) the recharge, or ownership or 
                                operation of structures for the 
                                recharge, of water under a State 
                                permit; and
                                    (ee) the off-Reservation 
                                application of water to land for 
                                irrigation;
                        except that the waiver provided in this 
                        subclause shall extend only to the State (or 
                        any agency or political subdivision of the 
                        State) or any other person, entity, or 
                        municipal or other corporation to the extent 
                        that the person, entity, or corporation is 
                        engaged in an activity specified in this 
                        subclause;
                            (iv) past, present, and future claims 
                        arising out of or relating in any manner to the 
                        negotiation or execution of the Gila River 
                        agreement or the negotiation or enactment of 
                        titles I and II; and
                            (v)(I) past and present claims for 
                        subsidence damage occurring to land within the 
                        Reservation, off-Reservation trust land, or fee 
                        land arising from time immemorial through the 
                        enforceability date; and
                            (II) subsidence damage arising after the 
                        enforceability date occurring to land within 
                        the Reservation, off-Reservation trust land, or 
                        fee land resulting from the diversion of 
                        underground water in a manner not in violation 
                        of the Gila River agreement or State law.
                    (B) By the united states.--Except as provided in 
                the Gila River agreement, the United States, as trustee 
                for the allottees, as part of the performance of 
                obligations under the Gila River agreement, are 
                authorized to execute a waiver and release of any 
                claims against the State (or any agency or political 
                subdivision of the State) or any other person, entity, 
                corporation, or municipal corporation under Federal, 
                State, or other law, for--
                            (i)(I) past, present, and future claims for 
                        water rights for land within the Reservation 
                        arising from time immemorial and, thereafter, 
                        forever; and
                            (II) past, present, and future claims for 
                        water rights based on aboriginal occupancy of 
                        land by allottees, or their predecessors 
                        arising from time immemorial and, thereafter, 
                        forever;
                            (ii)(I) past and present injury to water 
                        rights for land within the Reservation arising 
                        from time immemorial through the enforceability 
                        date;
                            (II) past, present, and future injury to 
                        water rights that are based on aboriginal 
                        occupancy of land by allottees or 
their predecessors arising from time immemorial and, thereafter, 
forever; and
                            (III) injury to water rights arising after 
                        the enforceability date for land within the 
                        Reservation resulting from the off-Reservation 
                        diversion or use of water in a manner not in 
                        violation of the Gila River agreement or State 
                        law;
                            (iii)(I) past and present injury to water 
                        quality (other than claims arising out of 
                        actions that resulted in the remediations 
                        described in exhibit 25.2.1.6 to the Gila River 
                        agreement), including claims for trespass, 
                        nuisance, and real property damage and claims 
                        under all current and future Federal, State, 
                        and other environmental laws and regulations 
                        (including claims under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                        and Ariz. Rev. Stat. 49-282), with respect to 
                        land within the Reservation, arising from time 
                        immemorial through December 31, 2002;
                            (II) past, present, and future injury to 
                        water quality (other than claims arising out of 
                        actions that resulted in the remediations 
                        described in exhibit 25.2.1.6 to the Gila River 
                        agreement), including claims for trespass, 
                        nuisance, and real property damage and claims 
                        under all current and future Federal, State, 
                        and other environmental laws and regulations 
                        (including claims under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                        and Ariz. Rev. Stat. 49-282), that are based on 
                        aboriginal occupancy of land by allottees or 
                        their predecessors, from time immemorial and, 
                        thereafter, forever;
                            (III) injury to water quality (other than 
                        claims arising out of actions that resulted in 
                        the remediations described in exhibit 25.2.1.6 
                        to the Gila River agreement) arising after 
                        December 31, 2002, including claims for 
                        trespass, nuisance, and real property damage 
                        and claims under all current and future 
                        Federal, State, and other environmental laws 
                        and regulations (including claims under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.) and Ariz. Rev. Stat. 49-
                        282), that result from--
                                    (aa) the delivery of water to the 
                                Community under the Gila River 
                                agreement;
                                    (bb) the off-Reservation diversion 
                                (other than pumping), or ownership or 
                                operation of structures for the off-
                                Reservation diversion (other than 
                                pumping), of water;
                                    (cc) the off-Reservation pumping, 
                                or ownership or operation of structures 
                                for the off-Reservation pumping, of 
                                water in a manner not in violation of 
                                the Gila River agreement or any 
                                applicable pumping limitations under 
                                State law;
                                    (dd) the recharge, or ownership or 
                                operation of structures for the 
                                recharge, of water under a State 
                                permit; and
                                    (ee) the off-Reservation 
                                application of water to land for 
                                irrigation;
                        except that the waiver provided in this 
                        subclause shall extend only to the State (or 
                        any agency or political subdivision of the 
                        State) or any other person, entity, or 
                        municipal or other corporation to the extent 
                        that the person, entity, or corporation is 
                        engaged in an activity specified in this 
                        subclause;
                            (iv) past, present, and future claims 
                        arising out of or relating in any manner to the 
                        negotiation or execution of the Gila River 
                        agreement or the negotiation or enactment of 
                        titles I and II; and
                            (v) past and present subsidence damage 
                        occurring to land within the Reservation from 
                        time immemorial through the enforceability 
                        date.
            (2) Claims for subsidence.--In accordance with the 
        subsidence remediation program under section 209, the 
        Community, a Community member, or an allottee, and the United 
        States, on behalf of the Community, a Community member, or an 
        allottee, as part of the performance of obligations under the 
        Gila River agreement, are authorized to execute a waiver and 
        release of all claims against the State (or any agency or 
        political subdivision of the State) or any other person, 
        entity, corporation or municipal corporation under Federal, 
        State, or other law for the damage claimed.
            (3) Claims against the salt river project.--Except as 
        provided in the Gila River agreement, the Community, on behalf 
        of the Community and Community members (but not members in 
        their capacities as allottees), and the United States, as 
        trustee for the Community, Community members, and allottees, as 
        part of the performance of obligations under the Gila River 
        agreement, are authorized to execute a waiver and release of 
        any claim against the Salt River Project (or its successors or 
        assigns or its officers, governors, directors, employees, 
        agents, or shareholders) arising from the discharge, 
        transportation, seepage, or other movement of water in, 
        through, or from drains, canals, or other facilities or land in 
        the Salt River Reservoir District to land in the Reservation 
        for--
                    (A) past and present injury to water rights, injury 
                to water quality, or injury to real property arising 
                from time immemorial through December 31, 2002; and
                    (B) injury to water rights, injury to water 
                quality, or injury to real property arising after 
                December 31, 2002, and through the enforceability date, 
                if the Salt River Project (or its successors or 
                assigns) acts in accordance with the annual reservoir 
                operations plan of the Salt River Project through the 
                enforceability date.
            (4) Claims against the united states.--Except as provided 
        in the Gila River agreement, the Community, on behalf of the 
        Community and Community members (but not members in their 
        capacities as allottees), as part of the performance of 
        obligations under the Gila River agreement, is authorized to 
        execute a waiver and release of any claim against the United 
        States (or agencies, officials, or employees of the United 
        States) under Federal, State, or other law for--
                    (A)(i) past, present, and future claims for water 
                rights for land within the Reservation, off-Reservation 
                trust land, and fee land arising from time immemorial 
                and, thereafter, forever; and
                    (ii) past, present, and future claims for water 
                rights based on aboriginal occupancy of land by the 
                Community and Community members, or their predecessors 
                arising from time immemorial and, thereafter, forever;
                    (B)(i) past and present injury to water rights for 
                land within the Reservation, off-Reservation trust 
                land, and fee land arising from time immemorial through 
                the enforceability date;
                    (ii) past, present, and future injury to water 
                rights based on aboriginal occupancy of land by the 
                Community and Community members, or their predecessors 
                arising from time immemorial and, thereafter, forever; 
                and
                    (iii) injury to water rights arising after the 
                enforceability date for land within the Reservation, 
                off-Reservation trust land, or fee land resulting from 
                the off-Reservation diversion or use of water in a 
                manner not in violation of the Gila River agreement or 
                applicable law;
                    (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation or 
                execution of the Gila River agreement or the 
                negotiation or enactment of titles I and II;
                    (D)(i) past and present subsidence damage occurring 
                to land within the Reservation, off-Reservation trust 
                land, or fee land arising from time immemorial through 
                the enforceability date; and
                    (ii) subsidence damage arising after the 
                enforceability date occurring to land within the 
                Reservation, off-Reservation trust land or fee land 
                resulting from the diversion of underground water in a 
                manner not in violation of the Gila River agreement or 
                applicable law; and
                    (E) past and present claims for failure to protect, 
                acquire, or develop water rights for or on behalf of 
                the Community and Community members arising before 
                December 31, 2002.
            (5) Claims against the community.--Except as provided in 
        the Gila River agreement, the United States, in all its 
        capacities (except as trustee for an Indian tribe other than 
        the Community), as part of the performance of obligations under 
        the Gila River agreement, is authorized to execute a waiver and 
        release of any and all claims against the Community, or any 
        agency, official, or employee of the Community, under Federal, 
        State, or any other law for--
                    (A)(i) past, present, and future claims for water 
                rights; and
                    (ii) past and present injury to water rights 
                arising from time immemorial through the enforceability 
                date;
                    (B) injury to water rights arising after the 
                enforceability date resulting from the diversion or use 
                of water in a manner not in violation of the Gila River 
                agreement or applicable law;
                    (C) past, present, and future claims arising out of 
                or relating in any manner to the negotiation or 
                execution of the Gila River agreement, or the 
                negotiation or enactment of titles I and II;
                    (D) past and present injury to water quality, 
                including claims described in paragraph (1)(A)(iii)(I), 
                arising from time immemorial through December 31, 2002; 
                and
                    (E) past and present subsidence damage arising from 
                time immemorial through the enforceability date.
            (6) Claims against certain persons and entities in the 
        upper gila valley.--
                    (A) By the community and the united states.--Except 
                as provided in the UVD agreement, the Community, on 
                behalf of the Community and Community members (but not 
                members in their capacities as allottees), and the 
                United States on behalf of the Community and Community 
                members (but not members in their capacities as 
                allottees) and, to the extent of the interest of the 
                United States as owner of water rights for land 
                described in articles V and VI of the Globe Equity 
                Decree (excluding land described in article VI(2)), are 
                authorized, as part of the performance of obligations 
                under the UVD agreement, to execute a waiver and 
                release of any claims against the UVD settling parties 
                and all other persons or entities diverting or using 
                water in a manner that is not in violation of or 
                contrary to the terms, conditions, requirements, 
                limitations, or other provisions of the UVD agreement, 
                for--
                            (i)(I) past, present, and future claims for 
                        water rights within the Reservation and the San 
                        Carlos Irrigation Project and, to the extent of 
                        the interest of the United States, land 
                        described in articles V and VI of the Globe 
                        Equity Decree (excluding land described in 
                        article VI(2)), arising from time immemorial 
                        and, thereafter, forever; and
                            (II) past, present, and future claims for 
                        water rights based on aboriginal occupancy of 
                        land by the Community, Community members, or 
                        predecessors of Community members, arising from 
                        time immemorial and, thereafter, forever;
                            (ii)(I) past and present injury to water 
                        rights for land within the Reservation and the 
                        San Carlos Irrigation Project, and, to the 
                        extent of the interest of the United States, 
                        land described in articles V and VI of the 
                        Globe Equity Decree (excluding land described 
                        in article VI), arising from time immemorial 
                        and, thereafter, forever;
                            (II) past, present, and future injury to 
                        water rights based on aboriginal occupancy of 
                        land by the Community, Community members, or 
                        predecessors of Community members, arising from 
                        time immemorial and, thereafter, forever; and
                            (III) injury to water rights for land 
                        within the Reservation and the San Carlos 
                        Irrigation Project, and, to the extent of the 
                        interest of the United States, land described 
                        in articles V and VI of the Globe Equity Decree 
                        (excluding land described in article VI(2)), 
                        resulting from the diversion, pumping, or use 
                        of water in a manner not in violation of or 
                        contrary to the terms, conditions, limitations, 
                        requirements, or provisions of the UVD 
                        agreement;
                            (iii)(I) past, present, and future claims 
                        arising out of or relating to the use of water 
                        rights appurtenant to NM 381 acres, on the 
                        conditions that such water rights remain 
                        subject to the oversight and reporting 
                        requirements set forth in the decree in Arizona 
                        v. California, 376 U.S. 340 (1964), and that 
                        the State of New Mexico shall make available on 
                        request a copy of any records prepared pursuant 
                        to that decree; and
                            (II) past, present, and future claims 
                        arising out of and relating to the use of water 
                        rights for NM domestic purposes, on  the 
conditions that such water rights remain subject to the oversight and 
reporting requirements set forth in the decree in Arizona v. 
California, 376 U.S. 340 (1964), and that the State of New Mexico shall 
make available on request a copy of any records prepared pursuant to 
that decree; and
                            (iv) past, present, and future claims 
                        arising out of or relating to the negotiation 
                        or execution of the UVD agreement, or the 
                        negotiation or enactment of this Act.
                    (B) By the united states on behalf of allottees.--
                Except as provided in the UVD agreement, the United 
                States as trustee for the allottees, as part of the 
                performance under the UVD agreement, is authorized to 
                execute a waiver and release against the UV settling 
                parties and all other persons or entities diverting or 
                using water in a manner that is not in violation of or 
                contrary to the terms, conditions, requirements, 
                limitations, or other provisions of the UVD agreement, 
                for--
                            (i)(I) past, present, and future claims for 
                        water rights lands within the Reservation 
                        arising from time immemorial, and thereafter, 
                        forever; and
                            (II) past, present, and future claims for 
                        water rights based on aboriginal occupancy of 
                        lands by allottees or their predecessors 
                        arising from time immemorial, and thereafter, 
                        forever;
                            (ii)(I) past and present injury to water 
                        rights for lands within the Reservation arising 
                        from time immemorial, and thereafter, forever;
                            (II) past, present, and future injury to 
                        water rights based on aboriginal occupancy of 
                        lands by allottees or their predecessors 
                        arising from time immemorial, and thereafter, 
                        forever; and
                            (III) injury to water rights for land 
                        within the Reservation resulting from the 
                        diversion, pumping, or use of water in a manner 
                        not in violation of or contrary to the terms, 
                        conditions, limitations, requirements, or 
                        provisions of the UVD agreement;
                            (iii)(I) past, present, and future claims 
                        arising out of or relating to the use of water 
                        rights appurtenant to NM 381 acres, on the 
                        conditions that such water rights remain 
                        subject to the oversight and reporting 
                        requirements set forth in the decree in Arizona 
                        v. California, 376 U.S. 340 (1964), and that 
                        the State of New Mexico shall make available on 
                        request a copy of any records prepared pursuant 
                        to that decree; and
                            (II) past, present, and future claims 
                        arising out of or relating to the use of water 
                        rights for NM domestic purposes, on the 
                        conditions that such water rights remain 
                        subject to the oversight and reporting 
                        requirements set forth in the decree in Arizona 
                        v. California, 376 U.S. 340 (1964), and that 
                        the State of New Mexico shall make available on 
                        request a copy of any records prepared pursuant 
                        to that decree; and
                            (iv) past, present, and future claims 
                        arising out of or relating to the negotiation 
                        or execution of the UVD agreement, or the 
                        negotiation or enactment of titles I and II.
    (b) Effectiveness of Waiver and Releases.--
            (1) In general.--The waivers under paragraphs (1) and (3) 
        through (6) of subsection (a) shall become effective on the 
        enforceability date.
            (2) Claims for subsidence.--The waiver under subsection 
        (a)(2) shall become effective on execution of the waiver by--
                    (A) the Community, a Community member, or an 
                allottee; and
                    (B) the United States, on behalf of the Community, 
                a Community member, or an allottee.
    (c) Limitation on Claims by the United States.--The United States 
shall not assert any claim against the State (or any agency or 
political subdivision of the State) or any other person, entity, or 
municipal or other corporation under Federal, State, or other law in 
the own right of the United States or on behalf of the Community, 
Community members, and allottees for any of the claims described in 
subsection (a).
    (d) Enforceability Date.--
            (1) In general.--This section takes effect on the date on 
        which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A) to the extent the Gila River agreement 
                conflicts with this title, the Gila River agreement has 
                been revised through an amendment to eliminate the 
                conflict and the Gila River agreement, so revised, has 
                been executed by the Secretary and the Governor of the 
                State;
                    (B) the Secretary has fulfilled the requirements 
                of--
                            (i) paragraphs (1)(A)(i) and (2) of 
                        subsection (a) and subsections (b) and (d) of 
                        section 104; and
                            (ii) sections 204, 205, and 209(a);
                    (C) the master agreement authorized, ratified, and 
                confirmed by section 106(a) has been executed by the 
                parties to the master agreement, and all conditions to 
                the enforceability of the master agreement have been 
                satisfied;
                    (D) $53,000,000 has been identified and retained in 
                the Lower Colorado River Basin Development Fund for the 
                benefit of the Community in accordance with section 
                107(b);
                    (E) the State has appropriated and paid to the 
                Community the amount required to be paid under 
                paragraph 27.4 of the Gila River agreement;
                    (F) the Salt River Project has paid to the 
                Community $500,000 under subparagraph 16.9 of the Gila 
                River agreement;
                    (G) the judgments and decrees attached to the Gila 
                River agreement as exhibits 25.11A (Gila River 
                adjudication proceedings) and 25.11B (Globe Equity 
                Decree proceedings) have been approved by the 
                respective courts;
                    (H) the dismissals attached to the Gila River 
                agreement as exhibits 25.17.1A-C, 25.17.2A-B, and 
                25.17.3A-B have been filed with the respective courts 
                and any necessary dismissal orders entered;
                    (I) legislation has been enacted by the State to--
                            (i) implement the Southside Replenishment 
                        Program in accordance with subparagraph 5.3 of 
                        the Gila River agreement;
                            (ii) authorize the firming program required 
                        by section 105; and
                            (iii) establish the Upper Gila River 
                        Watershed Maintenance Program in accordance 
                        with subparagraph 26.8.1 of the Gila River 
                        agreement;
                    (J) the State has entered into an agreement with 
                the Secretary to carry out the obligation of the State 
                under section 105(b)(2)(A); and
                    (K) a final judgment has been entered in Central 
                Arizona Water Conservation District v. United States 
                (No. CIV 95-625-TUC-WDB(EHC), No. CIV 95-1720-PHX-EHC) 
                (Consolidated Action) in accordance with the repayment 
                stipulation.
            (2) Failure of enforceability date to occur.--If, because 
        of the failure of the enforceability date to occur by December 
        31, 2007, this section does not become effective, the 
        Community, Community members, and allottees, and the United 
        States on behalf of the San Carlos Irrigation and Drainage 
        District, the Community, Community members, and allottees, 
        shall retain the right to assert past, present, and future 
        water rights claims, claims for injury to water rights, claims 
        for injury to water quality, and claims for subsidence damage 
        as to all land within the exterior boundaries of the 
        Reservation, off-Reservation trust land, and fee land.

SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Gila River Indian 
Community Water OM&R Trust Fund''.
    (b) Deposits.--Of the amounts made available under paragraph (2)(B) 
of section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 
1543(f)), the Secretary shall deposit $53,000,000 into the Water OM&R 
Fund.
    (c) Management.--Except as provided in subsection (f)(2)(A), the 
principal of the Water OM&R Fund, and any interest or income accruing 
on the principal, shall be managed in accordance with the American 
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
seq.).
    (d) Use.--The principal of the Water OM&R Fund, and any interest or 
income accruing on the principal, shall be used by the Community as 
provided in the Gila River agreement to assist in paying the costs of 
operation, maintenance, and replacement costs associated with the 
delivery of CAP water for Community purposes.
    (e) Withdrawals.--As provided in the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Community 
may--
            (1) withdraw amounts from the Water OM&R Fund; and
            (2) deposit the amounts in a private financial institution 
        selected by agreement of the Community and the Secretary.
    (f) Limitations.--
            (1) No distribution to members.--No part of the principal 
        of the Water OM&R Fund, or the interest or income accruing on 
        the principal, shall be distributed to any Community member on 
        a per capita basis.
            (2) Funds not available until enforceability date.--
                    (A) In general.--Amounts in the Water OM&R Fund 
                shall not be available for expenditure or withdrawal by 
                the Community until the enforceability date.
                    (B) Assets.--On and after the enforceability date, 
                the assets of the Water OM&R Fund shall be the property 
                of the Community.

SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.

    (a) In General.--The Secretary shall establish a program under 
which the Bureau of Reclamation shall repair and remediate subsidence 
damage and related damage that occurs after the enforceability date.
    (b) Damage.--Under the program, the Community, a Community member, 
or an allottee may submit to the Secretary a request for the repair or 
remediation of--
            (1) subsidence damage; and
            (2) damage to personal property caused by the settling of 
        geologic strata or cracking in the earth's surface of any 
        length or depth, which settling or cracking is caused by 
        pumping of underground water.
    (c) Repair or Remediation.--The Secretary shall perform the 
requested repair or remediation if--
            (1) the Secretary determines that the Community has not 
        exceeded its right to withdraw underground water under the Gila 
        River agreement; and
            (2) the Community, Community member, or allottee, and the 
        Secretary as trustee for the Community, Community member, or 
        allottee, execute a waiver and release of claim in the form 
        specified in exhibit 25.5.1, 25.5.2, or 25.5.3 to the Gila 
        River agreement, as applicable, to become effective on 
        satisfactory completion of the requested repair or remediation, 
        as determined under the Gila River agreement.
    (d) Specific Subsidence Damage.--Notwithstanding any other 
provision of this section, the Secretary, acting through the 
Commissioner of Reclamation, shall repair, remediate, and rehabilitate 
the subsidence damage that has occurred to land within the Reservation, 
as specified in exhibit 29.21 to the Gila River agreement.

SEC. 210. AFTER-ACQUIRED TRUST LAND.

    (a) Requirement of Act of Congress.--The Community may seek to have 
legal title to additional land in the State taken into trust by the 
United States for the benefit of the Community pursuant only to an Act 
of Congress enacted after the date of enactment of this Act 
specifically authorizing the transfer for the benefit of the Community.
    (b) Water Rights.--After-acquired trust land shall not include 
federally reserved rights to surface water or groundwater.
    (c) Sense of Congress.--It is the sense of Congress that future 
Acts of Congress authorizing land to be taken into trust under 
subsection (a) should provide that such land will have only such water 
rights and water use privileges as would be consistent with State water 
law and State water management policy.

SEC. 211. REDUCTION OF WATER RIGHTS.

    (a) Reduction of TBI Eligible Acres.--
            (1) In general.--In accordance with this title and as 
        provided in the UVD agreement, the Secretary shall assist in 
        reducing the total water demand for irrigation use in the upper 
        valley of the Gila River by--
                    (A) acquiring UV decreed water rights and 
                extinguishing or severing and transferring those rights 
                to the San Carlos Irrigation Project for the benefit of 
                the Community and the San Carlos Irrigation and 
                Drainage District in accordance with applicable law; 
                and
                    (B) entering into agreements regarding reduction of 
                water demand through fallowing programs.
            (2) Acquisitions.--
                    (A) Required phase i acquisition.--Not later than 
                December 31 of the second calendar year that begins 
                after the enforceability date, the Secretary shall 
                acquire the UV decreed water rights associated with 
                1,000 acres of land (other than special hot lands) that 
                would have been included in the initial calculation of 
                TBI eligible acres under the UVD agreement if the 
                initial calculation of TBI eligible acres had been 
                undertaken at the time of acquisition.
                    (B) Required phase ii acquisition.--
                            (i) In general.--Not later than December 31 
                        of the sixth calendar year that begins after 
                        the enforceability date, the Secretary shall 
                        acquire the UV decreed water rights associated 
                        with 1,000 acres of land (other than special 
                        hot lands) that would have been included in the 
                        initial calculation of TBI eligible acres under 
                        the UVD agreement if the initial calculation of 
                        TBI eligible acres had been undertaken at the 
                        time of the acquisition.
                            (ii) Reduction.--The reduction of TBI 
                        eligible acres under clause (i) shall be in 
                        addition to that accomplished under 
                        subparagraph (A).
                    (C) Additional acquisition in case of settlement.--
                If the San Carlos Apache Tribe reaches a comprehensive 
                settlement with the UVD settling parties and other 
                necessary parties that is approved by Congress and 
                finally approved by all courts the approval of which is 
                required, not later than December 31 of the second 
                calendar year that begins after the effective date of 
                that settlement, the Secretary shall acquire the UV 
                decreed water rights associated with not less than 500 
                nor more than 3,000 TBI eligible acres of land (other 
                than special hot lands).
                    (D) Amount of payment.--In determining the amount 
                to be paid for water rights acquired pursuant to this 
                paragraph, the Secretary shall take into account the 
                fact that land associated with those rights shall be 
                subject to the phreatophyle control requirements as 
                provided in the UVD agreement.
            (3) Reduction of acreage.--Simultaneously with the 
        acquisition of UV decreed water rights under paragraph (2), the 
        number of TBI eligible acres, but not the number of acres of UV 
        subjugated land, shall be reduced by the number of acres 
        associated with those UV decreed water rights.
            (4) Alternatives to acquisition.--
                    (A) Special hot lands.--The Secretary may fulfill 
                the requirements of subparagraphs (A) and (B) of 
                paragraph (2), in full or in part, by entering into an 
                agreement with an owner of special hot lands to 
                prohibit permanently future irrigation of the special 
                hot lands if the UVD settling parties simultaneously--
                            (i) acquire UV decreed water rights 
                        associated with a like number of UV decreed 
                        acres that are not TBI eligible acres; and
                            (ii) sever and transfer those rights to the 
                        San Carlos Irrigation Project for the benefit 
                        of the Community and the San Carlos Irrigation 
                        and Drainage District.
                    (B) Fallowing agreement.--The Secretary may carry 
                out all or any portion of the responsibilities of the 
                Secretary under subparagraphs (A) and (B) of paragraph 
                (2) by entering into an agreement with 1 or more owners 
                of UV decreed acres and the UV irrigation district in 
                which the acres are located, if any, under which--
                            (i) the number of TBI eligible acres is 
                        reduced; but
                            (ii) the owner of the UV decreed acres 
                        subject to the reduction is permitted to 
                        periodically irrigate the UV decreed acres 
                        under a fallowing agreement authorized under 
                        the UVD agreement.
            (5) Disposition of acquired water rights.--
                    (A) In general.--Of the UV decreed water rights 
                acquired by the Secretary pursuant to subparagraphs (A) 
                and (B) of paragraph (2), the Secretary shall, in 
                accordance with all applicable law and the UVD 
                agreement--
                            (i) sever, and transfer to the San Carlos 
                        Irrigation Project for the benefit of the 
                        Community and the San Carlos Irrigation and 
                        Drainage District, the UV decreed water rights 
                        associated with up to 900 UV decreed acres; and
                            (ii) extinguish the balance of the UV 
                        decreed water rights so acquired (except and 
                        only to the extent that those rights are 
                        associated with a fallowing agreement 
                        authorized under paragraph (4)(B)).
                    (B) San carlos apache settlement.--With respect to 
                water rights acquired by the Secretary pursuant to 
                paragraph (2)(C), the Secretary shall, in accordance 
                with applicable law--
                            (i) sever and transfer to the San Carlos 
                        Irrigation Project, for the benefit of the 
                        Community and the San Carlos Irrigation and 
                        Drainage District, the UV decreed water rights 
                        associated with 200 UV decreed acres;
                            (ii) extinguish the UV decreed water rights 
                        associated with 300 UV decreed acres; and
                            (iii) transfer the balance of those 
                        acquired water rights to the San Carlos Apache 
                        Tribe pursuant to the terms of the settlement 
                        described in paragraph (2)(C).
    (b) Additional Reductions.--
            (1) Cooperative program.--In addition to the reduction of 
        TBI eligible acres to be accomplished under subsection (a), not 
        later than 1 year after the enforceability date, the Secretary 
        and the UVD settling parties shall cooperatively establish a 
        program to purchase and extinguish UV decreed water rights 
        associated with UV decreed acres that have not been recently 
        irrigated.
            (2) Focus.--The primary focus of the program under 
        paragraph (1) shall be to prevent any land that contains 
        riparian habitat from being reclaimed for irrigation.
            (3) Funds and resources.--The program under this subsection 
        shall not require any expenditure of funds, or commitment of 
        resources, by the UVD settling parties other than such 
        incidental expenditures of funds and commitments of resources 
        as are required to cooperatively participate in the program.

SEC. 212. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--If any party to the Gila River 
agreement brings an action in any court of the United States or any 
State court relating only and directly to the interpretation or 
enforcement of this title or the Gila River agreement (including 
enforcement of any indemnity provisions contained in the Gila River 
agreement and enforcement of an arbitration award rendered pursuant to 
subparagraph 12.1.9 of the UVD agreement or a petition for and 
collection of attorney's fees and costs pursuant to subparagraph 12.3 
of the UVD agreement), and names the United States or the Community as 
a party--
            (1) the United States, the Community, or both, may be 
        joined in any such action; and
            (2) any claim by the United States or the Community to 
        sovereign immunity from the action is waived, but only for the 
        limited and sole purpose of such interpretation or enforcement 
        (including any indemnity provisions contained in the Gila River 
        agreement and enforcement of an arbitration award rendered 
pursuant to subparagraph 12.1.9 of the UVD agreement or a petition for 
and collection of attorney's fees and costs pursuant to subparagraph 
12.3 of the UVD agreement).
    (b) Effect of Act.--Nothing in this title quantifies or otherwise 
affects the water rights, or claims or entitlements to water, of any 
Indian tribe, band, or community, other than the Community.
    (c) 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 Gila River agreement against any 
Indian-owned land within the Reservation, and no assessment shall be 
made in regard to those costs against that land.
    (d) No Effect on Future Allocations.--Water received under a lease 
or exchange of Community CAP water under this title shall not affect 
any future allocation or reallocation of CAP water by the Secretary.
    (e) Community Repayment Contract.--The Secretary shall execute 
Amendment No. 1 to the Community repayment contract, attached as 
exhibit 8.1 to the Gila River agreement, to provide, among other 
things, that the costs incurred under that contract shall be 
nonreimbursable by the Community.
    (f) Salt River Project Rights and Contracts.--
            (1) In general.--Subject to paragraph (2), the agreement 
        between the United States and the Salt River Valley Water 
        Users' Association dated September 6, 1917, and the rights of 
        the Salt River Project to store water from the Salt River and 
        Verde River at Roosevelt Dam, Horse Mesa Dam, Mormon Flat Dam, 
        Stewart Mountain Dam, Horseshoe Dam, and Bartlett Dam and to 
        deliver the stored water to shareholders of the Salt River 
        Project and others for all beneficial uses and purposes 
        recognized under State law and to the Community under the Gila 
        River agreement, are authorized, ratified, and confirmed.
            (2) Priority date; quantification.--The priority date and 
        quantification of rights under the agreement described in 
        paragraph (1) shall be determined in an appropriate proceeding 
        in State court.
            (3) Care, operation, and maintenance.--The Salt River 
        Project shall retain sole authority and responsibility for all 
        decisions relating to the care, operation, and maintenance of 
        the Salt River Project water delivery system, including the 
        Salt River Project reservoirs on the Salt River and Verde 
        River, vested in Salt River Project under the agreement 
        described in paragraph (1).
    (g) New Mexico Exchange.--Nothing in this Act affects or impairs 
the right of the State of New Mexico, or any water user in the State of 
New Mexico, to use Gila River water as provided by section 304 of the 
Colorado River Basin Project Act (43 U.S.C. 1524).
    (h) Limitation on Liability of United States.--
            (1) In general.--The United States shall have no trust or 
        other obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any of the funds paid to the Community by any 
                party to the Gila River agreement; or
                    (B) to review or approve the expenditure of those 
                funds.
            (2) Indemnification.--The Community shall indemnify the 
        United States, and hold the United States harmless, with 
        respect to any and all claims (including claims for takings or 
        breach of trust) arising out of the receipt or expenditure of 
        funds described in paragraph (1)(A).

SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) Rehabilitation of irrigation works.--
                    (A) In general.--There is authorized to be 
                appropriated $52,396,000, adjusted to reflect changes 
                since January 1, 2000, under subparagraph (B) for the 
                rehabilitation of irrigation works under section 
                203(d)(4).
                    (B) Adjustment.--The amount under subparagraph (A) 
                shall be adjusted by such amounts, if any, as may be 
                required by reason of changes in construction costs as 
                indicated by engineering cost indices applicable to the 
                types of construction required by the rehabilitation.
            (2) Bureau of reclamation construction oversight.--There 
        are authorized to be appropriated such sums as are necessary 
        for the Bureau of Reclamation to undertake the oversight of the 
        construction projects authorized under section 203.
            (3) Subsidence remediation program.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        subsidence remediation program under section 209 (including 
        such sums as are necessary, not to exceed $4,000,000, to carry 
        out the subsidence remediation and repair required under 
        section 209(d)).
            (4) Water rights reduction.--There are authorized to be 
        appropriated such sums as are necessary to carry out the water 
        rights reduction program under section 211.
            (5) Safford facility.--There are authorized to be 
        appropriated such sums as are necessary to--
                    (A) retire $13,900,000 of the debt incurred by 
                Safford to pay costs associated with the construction 
                of the Safford facility as identified in exhibit 26.1 
                to the Gila River agreement; and
                    (B) pay the interest accrued on that amount.
            (6) Environmental compliance.--There are authorized to be 
        appropriated--
                    (A) such sums as are necessary to carry out--
                            (i) all necessary environmental compliance 
                        activities and related preconstruction 
                        technical analyses associated with the Gila 
                        River agreement and this title; and
                            (ii) any mitigation measures adopted by the 
                        Secretary; and
                    (B) to carry out the mitigation measures in the 
                Roosevelt Habitat Conservation Plan, not more than 
                $10,000,000.
    (b) Authorized Costs.--
            (1) In general.--Amounts made available under subsection 
        (a) shall be considered to be authorized costs for purposes of 
        paragraph (2)(D)(iii) of section 403(f) of the Colorado River 
        Basin Project Act (43 U.S.C. 1543(f)) (as amended by section 
        107(a)).
            (2) Exception.--Amounts made available under subsection 
        (a)(4) to carry out section 211(b) shall not be considered to 
        be authorized costs for purposes of section 403(f)(2)(D)(iii) 
        of the Colorado River Basin Project Act (43 U.S.C. 
        1543(f)(2)(D)(iii)) (as amended by section 107(a)).

SEC. 214. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary does not publish a statement of findings under 
section 207(d) by December 31, 2007--
            (1) this title is repealed effective January 1, 2008, and 
        any action taken by the Secretary and any contract entered 
        under any provision of this title shall be void;
            (2) any amounts appropriated under paragraphs (1) through 
        (5) of section 213(a), together with any interest on those 
        amounts, shall immediately revert to the general fund of the 
        Treasury;
            (3) any amounts made available under section 213(b) that 
        remain unexpended shall immediately revert to the general fund 
        of the Treasury; and
            (4) any amounts paid by the Salt River Project in 
        accordance with the Gila River agreement shall immediately be 
        returned to the Salt River Project.

          TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT.

    The Southern Arizona Water Rights Settlement Act of 1982 (96 Stat. 
1274) is amended to read as follows:

         ``TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

``SEC. 301. SHORT TITLE.

    ``This title may be cited as the `Southern Arizona Water Rights 
Settlement Amendments Act of 2002'.

``SEC. 302. FINDINGS.

    ``Congress finds that--
            ``(1) water rights claims within the San Xavier Reservation 
        and the eastern Schuk Toak District of the Tohono O'odham 
        Nation, including water rights claims of the Nation and 
        allottees, are the subject of lawsuits pending against the 
        United States and numerous parties in southern Arizona 
        (including mining companies, agricultural interests, and the 
        city of Tucson);
            ``(2) the lawsuits referred to in paragraph (1)--
                    ``(A) are expensive and time-consuming for all 
                participants; and
                    ``(B) 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 within the Tucson management area have diligently 
        attempted to settle those lawsuits;
            ``(4) the requirements of paragraph (1) of section 307(a) 
        of the 1982 Act were met within 1 year of the date of enactment 
        of that paragraph in that--
                    ``(A) on October 11, 1983, the city of Tucson, 
                Arizona, and the United States entered into an 
                agreement--
                            ``(i) to make available to the Secretary, 
                        for disposal in such manner as the Secretary 
                        determined appropriate, 28,200 acre-feet of 
                        reclaimed water; and
                            ``(ii) to permit the Secretary to provide 
                        terms and conditions under which the Secretary 
                        may relinquish to the city of Tucson, Arizona, 
                        such quantities of water as are not needed to 
                        carry out the duties of the Secretary under the 
                        1982 Act;
                    ``(B)(i) on October 11, 1983, the city of Tucson, 
                Arizona, the State, and other parties entered into an 
                agreement with the United States to establish a 
                cooperative fund; and
                    ``(ii) contributions to that fund that were 
                required to be made in accordance with section 313 of 
                the 1982 Act were subsequently made;
                    ``(C) on October 11, 1983, the Nation entered into 
                an agreement with the United States in compliance with 
                section 307(a)(1)(C) of the 1982 Act;
                    ``(D) in the agreement of October 11, 1983, between 
                the Nation and the United States, the Nation executed a 
                waiver and release in compliance with section 
                307(a)(1)(D) of the 1982 Act;
            ``(5) by providing the assistance specified in this title, 
        the Federal Government will enable 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, the Nation, the San Xavier District and Schuk Toak 
        District of the 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 Nation and allottees; and
            ``(7) the settlement provided for under this title will--
                    ``(A) provide flexibility in the management of 
                water resources;
                    ``(B) encourage the allocation of water resources 
                in accordance with the best uses of the resources;
                    ``(C) promote the conservation and management of 
                water resources; and
                    ``(D) carry out the trust responsibility of the 
                United States with respect to--
                            ``(i) the Nation; and
                            ``(ii) the allottees.

``SEC. 303. DEFINITIONS.

    ``In this title:
            ``(1) Acre-foot.--The term `acre-foot' means the quantity 
        of water necessary to cover 1 acre of land to a depth of 1 
        foot.
            ``(2) Adams case.--The term `Adams case' means Adams v. 
        United States (Civ. No. 93-240 TUC FRZ (D. Ariz., filed January 
        25, 1993)).
            ``(3) After-acquired trust land.--The term `after-acquired 
        trust land' means land that--
                    ``(A) is located--
                            ``(i) within the State; but
                            ``(ii) outside the exterior boundaries of 
                        the Nation's Reservation; and
                    ``(B) is taken into trust by the United States for 
                the benefit of the Nation after the enforceability 
                date.
            ``(4) Agreement of december 11, 1980.--The term `agreement 
        of December 11, 1980' means the contract for delivery of 
        Central Arizona Project water entered into by the United States 
        and the Nation on December 11, 1980.
            ``(5) Agreement of october 11, 1983.--The term `agreement 
        of October 11, 1983' means the contract for the provision of 
        water and the settlement of claims to water under the 1982 Act 
        entered into by the United States and the Nation on October 11, 
1983.
            ``(6) Allottee.--The term `allottee' means a person that 
        holds a beneficial real property interest in an Indian 
        allotment that is--
                    ``(A) located within the Reservation; and
                    ``(B) held in trust by the United States.
            ``(7) Allottee class.--The term `allottee class' means an 
        applicable plaintiff class certified by the court of 
        jurisdiction in--
                    ``(A) the Alvarez case; or
                    ``(B) the Tucson case.
            ``(8) Alvarez case.--The term `Alvarez case' means the 
        first through fourth causes of action of the third amended 
        complaint in Alvarez v. City of Tucson (Civ. No. 93-039 TUC FRZ 
        (D. Ariz., filed April 21, 1993)).
            ``(9) Applicable law.--The term `applicable law' means any 
        applicable Federal, State, tribal, or local law.
            ``(10) Asarco.--The term `Asarco' means Asarco 
        Incorporated, a New Jersey corporation of that name, and its 
        subsidiaries operating mining operations in the State.
            ``(11) Asarco agreement.--The term `Asarco agreement' means 
        the agreement by that name attached to the Tohono O'odham 
        settlement agreement as exhibit 13.1.
            ``(12) CAP repayment contract.--
                    ``(A) In general.--The term `CAP repayment 
                contract' means the contract dated December 1, 1988 
                (Contract No. 14-06-W-245, Amendment No. 1) between the 
                United States and the Central Arizona Water 
                Conservation District for the delivery of water and the 
                repayment of costs of the Central Arizona Project.
                    ``(B) Inclusions.--The term `CAP repayment 
                contract' includes all amendments to and revisions of 
                that contract.
            ``(13) Central arizona project.--The term `Central Arizona 
        Project' means the reclamation project authorized and 
        constructed by the United States in accordance with title III 
        of the Colorado River Basin Project Act (43 U.S.C. 1521 et 
        seq.).
            ``(14) Central arizona project link pipeline.--The term 
        `Central Arizona Project link pipeline' means the pipeline 
        extending from the Tucson Aqueduct of the Central Arizona 
        Project to a point within the cooperative farm.
            ``(15) Central arizona project service area.--The term 
        `Central Arizona Project service area' means--
                    ``(A) the geographical area comprised of Maricopa, 
                Pinal, and Pima Counties, Arizona, in which the Central 
                Arizona Water Conservation District delivers Central 
                Arizona Project water; and
                    ``(B) any expansion of that area under applicable 
                law.
            ``(16) Central arizona water conservation district.--The 
        term `Central Arizona Water Conservation District' means the 
        political subdivision of the State that is the contractor under 
        the CAP repayment contract.
            ``(17) Cooperative farm.--The term `cooperative farm' means 
        the farm on land served by an irrigation system and the 
        extension of the irrigation system provided for under 
        paragraphs (1) and (2) of section 304(c).
            ``(18) Cooperative fund.--The term `cooperative fund' means 
        the cooperative fund established by section 313 of the 1982 Act 
        and reauthorized by section 310.
            ``(19) Delivery and distribution system.--
                    ``(A) In general.--The term `delivery and 
                distribution system' means--
                            ``(i) the Central Arizona Project aqueduct;
                            ``(ii) the Central Arizona Project link 
                        pipeline; and
                            ``(iii) the pipelines, canals, aqueducts, 
                        conduits, and other necessary facilities for 
                        the delivery of water under the Central Arizona 
                        Project.
                    ``(B) Inclusions.--The term `delivery and 
                distribution system' includes pumping facilities, power 
                plants, and electric power transmission facilities 
                external to the boundaries of any farm to which the 
                water is distributed.
            ``(20) 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 is 
        located within the Tucson management area.
            ``(21) Effective date.--The term `effective date' means the 
        date of enactment of the Southern Arizona Water Rights 
        Settlement Amendments Act of 2002.
            ``(22) Enforceability date.--The term `enforceability date' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 316.
            ``(23) Exempt well.--The term `exempt well' means a water 
        well--
                    ``(A) the maximum pumping capacity of which is not 
                more than 35 gallons per minute; and
                    ``(B) the water from which is used for--
                            ``(i) the supply, service, or activities of 
                        households or private residences;
                            ``(ii) landscaping;
                            ``(iii) livestock watering; or
                            ``(iv) the irrigation of not more than 2 
                        acres of land for the production of 1 or more 
                        agricultural commodities for--
                                    ``(I) sale;
                                    ``(II) human consumption; or
                                    ``(III) use as feed for livestock 
                                or poultry.
            ``(24) Farm.--The term `farm' means a unit of land on which 
        1 or more agricultural commodities are produced that is served 
        by an irrigation system.
            ``(25) Fee owner of allotted land.--The term `fee owner of 
        allotted land' means a person that holds fee simple title in 
        real property on the Reservation that, at any time before the 
        date on which the person acquired fee simple title, was held in 
        trust by the Federal Government as an Indian allotment.
            ``(26) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(27) Injury to water quality.--The term `injury to water 
        quality' means any contamination, diminution, or deprivation of 
        water quality under applicable law.
            ``(28) Injury to water rights.--
                    ``(A) In general.--The term `injury to water 
                rights' means an interference with, diminution of, or 
                deprivation of water rights under applicable law.
                    ``(B) Inclusion.--The term `injury to water rights' 
                includes a change in the underground water table and 
                any effect of such a change.
                    ``(C) Exclusion.--The term `injury to water rights' 
                does not include subsidence damage or injury to water 
                quality.
            ``(29) Irrigation system.--
                    ``(A) In general.--The term `irrigation system' 
                means canals, laterals, ditches, sprinklers, bubblers, 
                and other irrigation works used to distribute water 
                within the boundaries of a farm.
                    ``(B) Inclusions.--The term `irrigation system', 
                with respect to the cooperative farm, includes 
                activities, procedures, works, and devices for--
                            ``(i) rehabilitation of fields;
                            ``(ii) remediation of sinkholes, sinks, 
                        depressions, and fissures; and
                            ``(iii) stabilization of the banks of the 
                        Santa Cruz River.
            ``(30) M&I priority water.--The term `M&I priority water' 
        means Central Arizona Project water that has municipal and 
        industrial priority.
            ``(31) Nation.--The term `Nation' means the Tohono O'odham 
        Nation (formerly known as the Papago Tribe) organized under a 
        constitution approved in accordance with section 16 of the Act 
        of June 18, 1934 (25 U.S.C. 476).
            ``(32) Nation's reservation.--The term `Nation's 
        Reservation' means all land within the exterior boundaries of--
                    ``(A) the Sells Tohono O'odham Reservation 
                established by the Executive order of February 1, 1917, 
                and the Act of February 21, 1931 (46 Stat. 1202, 
                chapter 267);
                    ``(B) the San Xavier Reservation established by the 
                Executive order of July 1, 1874;
                    ``(C) the Gila Bend Indian Reservation established 
                by the Executive order of December 12, 1882, and 
                modified by Executive order of June 17, 1909;
                    ``(D) the Florence Village established by Public 
                Law 95-361 (92 Stat. 595);
                    ``(E) all land acquired in accordance with the Gila 
                Bend Indian Reservation Lands Replacement Act (100 
                Stat. 1798); and
                    ``(F) all other land to which the United States 
                holds legal title in trust for the benefit of the 
                Nation and that is added to the Nation's Reservation or 
                granted reservation status in accordance with 
                applicable Federal law before the enforceability date.
            ``(33) Net irrigable acres.--The term `net irrigable acres' 
        means, with respect to a farm, acreage of the farm that is 
        suitable for the production of agricultural commodities, as 
        determined by the Nation.
            ``(34) NIA priority water.--The term `NIA priority water' 
        means Central Arizona Project water that has non-Indian 
        agricultural priority.
            ``(35) San xavier allottees association.--The term `San 
        Xavier Allottees Association' means the nonprofit corporation 
        established under State law for the purpose of representing and 
        advocating the interests of allottees.
            ``(36) San xavier cooperative association.--The term `San 
        Xavier Cooperative Association' means the entity chartered 
        under the laws of the Nation (or a successor of that entity) 
        that is a lessee of land within the cooperative farm.
            ``(37) San xavier district.--The term `San Xavier District' 
        means the San Xavier District, 1 of 11 political subdivisions 
        of the Nation established under the constitution of the Nation.
            ``(38) San xavier district council.--The term `San Xavier 
        District Council' means the governing body of the San Xavier 
        District, as established under the constitution of the Nation.
            ``(39) San xavier reservation.--The term `San Xavier 
        Reservation' means the San Xavier Indian Reservation 
        established by the Executive order of July 1, 1874.
            ``(40) 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).
            ``(41) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(42) State.--The term `State' means the State of Arizona.
            ``(43) Subjugate.--The term `subjugate' means to prepare 
        land for the production of an agricultural commodity through 
        irrigation.
            ``(44) Surface water.--The term `surface water' means all 
        water that is appropriable under State law.
            ``(45) Tohono o'odham settlement agreement.--The term 
        `Tohono O'odham settlement agreement' means the agreement 
        (including all exhibits of and attachments to the agreement) 
        that settles, and provides for the dismissal with prejudice of, 
        the claims asserted in the Adams case, the Alvarez case, and 
        the Tucson case, as executed by the parties to those cases and 
        filed with the court of jurisdiction.
            ``(46) Tucson case.--The term `Tucson case' means United 
        States et al. v. City of Tucson, et al. (Civ. No. 75-39 TUC 
        consol. with Civ. No. 75-51 TUC FRZ (D. Ariz., filed February 
        20, 1975)).
            ``(47) Tucson interim water lease.--The term `Tucson 
        interim water lease' means the lease, and any amendments and 
        extensions of the lease, between the city of Tucson, Arizona, 
        and the Nation, dated October 24, 1992.
            ``(48) Tucson management area.--The term `Tucson management 
        area' means the area in the State comprised of--
                    ``(A) the area--
                            ``(i) designated as the Tucson Active 
                        Management Area under the Arizona Groundwater 
                        Management Act of 1980 (1980 Ariz. Sess. Laws 
                        1); and
                            ``(ii) subsequently divided into the Tucson 
                        Active Management Area and the Santa Cruz 
                        Active Management Area (1994 Ariz. Sess. Laws 
                        296); and
                    ``(B) the portion of the Upper Santa Cruz Basin 
                that is not located within the area described in 
                subparagraph (A)(i).
            ``(49) Turnout.--The term `turnout' means, with respect to 
        the Central Arizona Project, a point of water delivery on the 
        Central Arizona Project aqueduct.
            ``(50) Underground storage.--The term `underground storage' 
        means direct storage and indirect storage of water accomplished 
        under a project authorized under section 308(e).
            ``(51) United states as trustee.--The term `United States 
        as Trustee' means the United States, acting on behalf of the 
        Nation and allottees, but in no other capacity.
            ``(52) Value.--The term `value' means the value attributed 
        to water based on the greater of--
                    ``(A) the anticipated or actual use of the water; 
                or
                    ``(B) the fair market value of the water.
            ``(53) Water right.--The term `water right' means any right 
        in or to groundwater, surface water, or effluent under 
        applicable law.
            ``(54) 1982 act.--The term `1982 Act' means the Southern 
        Arizona Water Rights Settlement Act (96 Stat. 1274), as in 
        effect on the day before the effective date.

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

    ``(a) Water Delivery.--The Secretary shall deliver 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--
                    ``(A) be deliverable for use to the San Xavier 
                Reservation; or
                    ``(B) otherwise be used in accordance with section 
                309; and
            ``(2) 10,800 acre-feet shall--
                    ``(A) be deliverable for use to the eastern Schuk 
                Toak District; or
                    ``(B) otherwise be used in accordance with section 
                309.
    ``(b) Delivery and Distribution Systems.--The Secretary shall 
(without cost to the Nation, any allottee, 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 
necessary to deliver the water described in subsection (a).
    ``(c) Duties of the Secretary.--
            ``(1) Completion of delivery and distribution system and 
        improvement to existing irrigation system.--Except as provided 
        in subsection (d), the Secretary shall complete--
                    ``(A) not later than 2 years after the effective 
                date, the design and construction of each delivery and 
                distribution system; and
                    ``(B) not later than 8 years after the 
                enforceability date, the improvements to the irrigation 
                system that serves the cooperative farm.
            ``(2) Extension of existing irrigation system within the 
        san xavier reservation.--
                    ``(A) In general.--Except as provided in subsection 
                (d), not later than 8 years after the effective date, 
                in addition to the improvements described in paragraph 
                (1)(B), the Secretary shall complete the design and 
                construction of the extension of the irrigation system 
                for the cooperative farm.
                    ``(B) Capacity.--On completion of the extension, 
                the extended cooperative farm irrigation system shall 
                serve 2,300 net irrigable acres on the San Xavier 
                Reservation, unless the Secretary and the San Xavier 
                Cooperative Association agree on fewer net irrigable 
                acres.
            ``(3) Construction of new farm.--
                    ``(A) In general.--Except as provided in subsection 
                (d), not later than 8 years after the enforceability 
                date, the Secretary shall design and construct within 
                the San Xavier Reservation such additional canals, 
                laterals, farm ditches, and irrigation works as are 
                necessary for the efficient distribution for 
                agricultural purposes of the water described in section 
                303(a)(1)(A) of the 1982 Act.
                    ``(B) Payment in lieu of obligation.--
                            ``(i) In general.--Subject to clause (ii), 
                        at the election of the San Xavier District, the 
                        Secretary is authorized to pay, and shall pay, 
                        to the San Xavier District $18,300,000 in lieu 
                        of, and in full satisfaction of, the 
                        obligations of the United States to carry out 
                        within the San Xavier Reservation design and 
                        construction activities (relating to additional 
                        canals, laterals, farm ditches, and irrigation 
                        works necessary for the distribution of water) 
                        with respect to the portion of the 27,000 acre-
                        feet of water that is not required for the 
                        irrigation system described in paragraphs (1) 
                        and (2).
                            ``(ii) Election by san xavier district.--
                        The San Xavier District may make an election 
                        under this subparagraph only before the 
                        deadline for notification of the Secretary 
                        described in clause (iii).
                            ``(iii) Notification.--Not later than 180 
                        days after the enforceability date, if the San 
                        Xavier District Council makes the elections 
                        described in clauses (i) and (ii), the San 
                        Xavier District Council shall notify the 
                        Secretary of the election.
                            ``(iv) Form.--The notification required 
                        under clause (iii)--
                                    ``(I) shall be in writing; and
                                    ``(II) shall include a certified 
                                resolution of the San Xavier District 
                                Council stating the election.
            ``(4) 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, 
        the Secretary shall complete the design and construction of an 
        irrigation system and delivery and distribution system to serve 
        the farm that--
                    ``(A) is constructed in the eastern Schuk Toak 
                District; and
                    ``(B) includes not less than 2,200 and not more 
                than 2,400 net irrigable acres.
    ``(d) Extension of Deadlines.--
            ``(1) In general.--The Secretary may extend a deadline 
        under subsection (c) if the Secretary determines that 
        compliance with the deadline is impracticable by reason of--
                    ``(A) a material breach by a contractor of a 
                contract that is relevant to carrying out a project or 
                activity described in subsection (c);
                    ``(B) the inability of such a contractor, under 
                such a contract, to carry out the contract by reason of 
                force majeure, as defined by the Secretary in the 
                contract;
                    ``(C) unavoidable delay in compliance with 
                applicable Federal and tribal laws, as determined by 
                the Secretary, including--
                            ``(i) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.); and
                            ``(ii) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); or
                    ``(D) stoppage in work resulting from the 
                assessment of a tax or fee that is alleged in any court 
                of jurisdiction to be confiscatory or discriminatory.
            ``(2) Notice of finding.--If the Secretary extends a 
        deadline under paragraph (1), the Secretary shall--
                    ``(A) publish a notice of the extension in the 
                Federal Register; and
                    ``(B)(i) include in the notice an estimate of such 
                additional period of time as is necessary to complete 
                the project or activity that is the subject of the 
                extension; and
                    ``(ii) specify a deadline that provides for a 
                period for completion of the project before the end of 
                the period described in clause (i).
    ``(e) Authority of Secretary.--
            ``(1) In general.--In carrying out this title, after 
        providing reasonable notice to the Nation, the Secretary, in 
        compliance with all applicable law, may enter, construct works 
        on, and take such other actions as are related to the entry or 
        construction on land within the San Xavier District and the 
        Schuk Toak District.
            ``(2) Effect on federal activity.--Nothing in this 
        subsection affects the authority of the Federal Government, or 
        any Federal officer, agent, employee, or contractor, to conduct 
        official Federal business or carry out any Federal duty 
        (including any Federal business or duty under this title) on 
        land within the eastern Schuk Toak District or the San Xavier 
        District.
    ``(f) Use of Funds.--
            ``(1) In general.--With respect to any funds received under 
        subsection (c)(3)(B), the San Xavier District--
                    ``(A) shall hold the funds in trust, and invest the 
                funds in interest-bearing deposits and securities, 
                until expended;
                    ``(B) may expend the principal of the funds, and 
                any interest and dividends that accrue on the 
                principal, only in accordance with a budget that is--
                            ``(i) authorized by the San Xavier District 
                        Council; and
                            ``(ii) approved by resolution of the 
                        Legislative Council of the Nation; and
                    ``(C) expend the funds--
                            ``(i) for any subjugation of land, 
                        development of water resources, or 
                        construction, operation, maintenance, or 
                        replacement of facilities within the San Xavier 
                        Reservation that is not required to be carried 
                        out by the Federal Government under this title 
                        or any other provision of law;
                            ``(ii) to provide governmental services, 
                        including--
                                    ``(I) programs for senior citizens;
                                    ``(II) health care services;
                                    ``(III) education;
                                    ``(IV) economic development loans 
                                and assistance; and
                                    ``(V) legal assistance programs;
                            ``(iii) to provide benefits to allottees;
                            ``(iv) to pay the costs of 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.--
                    ``(A) In general.--The Secretary shall not--
                            ``(i) be responsible for any review, 
                        approval, or audit of the use and expenditure 
                        of the funds described in paragraph (1); or
                            ``(ii) be subject to liability for any 
                        claim or cause of action arising from the use 
                        or expenditure, by the Nation or the San Xavier 
                        District, of those funds.
                    ``(B) Limitation.--No portion of any funds 
                described in paragraph (1) shall be used for per capita 
                payments to any individual member of the Nation or any 
                allottee.

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

    ``(a) Delivery of Water.--
            ``(1) In general.--The Secretary shall deliver water from 
        the main project works of the Central Arizona Project, in such 
        quantities, and in accordance with such terms and conditions, 
        as are contained in the agreement of December 11, 1980, as 
        amended, and the Tohono O'odham settlement agreement, to 1 or 
        more of--
                    ``(A) the cooperative farm;
                    ``(B) the eastern Schuk Toak District;
                    ``(C) turnouts existing on the effective date, as 
                agreed to in writing by the Secretary and the Nation; 
                and
                    ``(D) any other point of delivery on the Central 
                Arizona Project main aqueduct that is agreed to by--
                            ``(i) the Secretary;
                            ``(ii) the operator of the Central Arizona 
                        Project; and
                            ``(iii) the Nation.
            ``(2) Delivery.--The Secretary shall deliver the water 
        covered by sections 304(a) and 306(a), or an equivalent 
        quantity of water from a source identified under subsection 
        (b)(1), notwithstanding--
                    ``(A) any 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--
                            ``(i) the Secretary;
                            ``(ii) the United States; or
                            ``(iii) any officer, employee, contractor, 
                        or agent of the Secretary or United States.
    ``(b) Acquisition of Land and Water.--
            ``(1) Delivery.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the Secretary, under the terms and 
                conditions of the agreements referred to in subsection 
                (a)(1), is unable, during any year, to deliver from the 
                main project works of the Central Arizona Project any 
                portion of the quantity of water covered by sections 
                304(a) and 306(a), the Secretary shall identify, 
                acquire and deliver an equivalent quantity of water 
                from, any appropriate source.
                    ``(B) Exception.--The Secretary shall not acquire 
                any water under subparagraph (A) through any 
                transaction that would cause depletion of groundwater 
                supplies or aquifers in the San Xavier District or the 
                eastern Schuk Toak District.
            ``(2) Private land and interests.--
                    ``(A) Acquisition.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), the Secretary may acquire such private 
                        land, or interests in private land, that 
                        include rights in surface or groundwater 
                        recognized under State law, as are necessary 
for the acquisition and delivery of water under this subsection.
                            ``(ii) Compliance.--In acquiring rights in 
                        surface water under clause (i), the Secretary 
                        shall comply with all applicable severance and 
                        transfer requirements under State law.
                    ``(B) Prohibition on taking.--The Secretary shall 
                not acquire any land, water, water rights, or contract 
                rights under subparagraph (A) without the consent of 
                the owner of the land, water, water rights, or contract 
                rights.
                    ``(C) Priority.--In acquiring any private land or 
                interest in private land under this paragraph, the 
                Secretary shall give priority to the acquisition of 
                land on 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 land by the 
                Secretary.
            ``(3) Deliveries from acquired land.--Deliveries of water 
        from land acquired under paragraph (2) shall be made only to 
        the extent that the water may be transported within the Tucson 
        management area under applicable law.
            ``(4) Delivery of effluent.--
                    ``(A) In general.--Except on receipt of prior 
                written consent of the Nation, the Secretary shall not 
                deliver effluent directly to the Nation under this 
                subsection.
                    ``(B) No separate delivery system.--The Secretary 
                shall not construct a separate delivery system to 
                deliver effluent to the San Xavier Reservation or the 
                eastern Schuk Toak District.
                    ``(C) No imposition of obligation.--Nothing in this 
                paragraph imposes any obligation on the United States 
                to deliver effluent to the Nation.
    ``(c) Agreements and Contracts.--To facilitate the delivery of 
water to the San Xavier Reservation and the eastern Schuk Toak District 
under this title, the Secretary may enter into a contract or agreement 
with the State, an irrigation district or project, or entity--
            ``(1) for--
                    ``(A) the exchange of water; or
                    ``(B) the use of aqueducts, canals, conduits, and 
                other facilities (including pumping plants) for water 
                delivery; or
            ``(2) to use facilities constructed, in whole or in part, 
        with Federal funds.
    ``(d) Compensation and Disbursements.--
            ``(1) Compensation.--If the Secretary is unable to acquire 
        and deliver sufficient quantities of water under section 
        304(a), this section, or section 306(a), the Secretary shall 
        provide compensation in accordance with paragraph (2) in 
        amounts equal to--
                    ``(A)(i) the value of such quantities of water as 
                are not acquired and delivered, if the delivery and 
                distribution system for, and the improvements to, the 
                irrigation system for the cooperative farm have not 
                been completed by the deadline required under section 
                304(c)(2); or
                    ``(ii) the value of such quantities of water as--
                            ``(I) are ordered by the Nation for use by 
                        the Cooperative Association in the irrigation 
                        system; but
                            ``(II) are not delivered in any calendar 
                        year;
                    ``(B)(i) the value of such quantities of water as 
                are not acquired and delivered, if the extension of the 
                irrigation system is not completed by the deadline 
                required under section 304(c)(4); or
                    ``(ii) the value of such quantities of water as--
                            ``(I) are ordered by the Nation for use by 
                        the Cooperative Association in the extension to 
                        the irrigation system; but<plus-minus>
                            ``(II) are not delivered in any calendar 
                        year; and
                    ``(C)(i) the value of such quantities of water as 
                are not acquired and delivered, if the irrigation 
                system is not completed by the deadline required under 
                section 304; or
                    ``(ii) except as provided in clause (i), the value 
                of such quantities of water as--
                            ``(I) are ordered by the Nation for use in 
                        the irrigation system, or for use by any person 
                        or entity (other than the Cooperative 
                        Association); but
                            ``(II) are not delivered in any calendar 
                        year.
            ``(2) Disbursement.--Any compensation payable under 
        paragraph (1) shall be disbursed--
                    ``(A) with respect to damages payable under 
                subparagraphs (A) and (B) of paragraph (1), to the 
                Cooperative Association; and
                    ``(B) with respect to damages payable under 
                paragraph (1)(C), to the Nation for retention by the 
                Nation or disbursement to water users, under the 
                provisions of the water code or other applicable laws 
                of the Nation.
    ``(e) No Effect on Water Rights.--Nothing in this section 
authorizes the Secretary to acquire or otherwise affect the water 
rights of any Indian tribe.

``SEC. 306. ADDITIONAL WATER DELIVERY.

    ``(a) In General.--In addition to the delivery of water described 
in section 304(a), the Secretary shall deliver from the main project 
works of the Central Arizona Project, a total of 28,200 acre-feet of 
NIA priority water suitable for agricultural use, of which--
            ``(1) 23,000 acre-feet shall--
                    ``(A) be delivered to, and used by, the San Xavier 
                Reservation; or
                    ``(B) otherwise be used by the Nation in accordance 
                with section 309; and
            ``(2) 5,200 acre-feet shall--
                    ``(A) be delivered to, and used by, the eastern 
                Schuk Toak District; or
                    ``(B) otherwise be used by the Nation in accordance 
                with section 309.
    ``(b) State Contribution.--To assist the Secretary in firming water 
under section 105(b)(1)(A) of the Arizona Water Settlements Act, the 
State shall contribute $3,000,000--
            ``(1) through the Arizona Water Banking Authority;
            ``(2) in accordance with a schedule that is acceptable to 
        the Secretary and the State; and
            ``(3) in the form of cash or in-kind goods and services.

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

    ``(a) Conditions on Actions of Secretary.--The Secretary shall 
carry out section 304(c), subsections (a), (b), and (d) of section 305, 
and section 306, only if--
            ``(1) the Nation agrees--
                    ``(A) except as provided in section 308, to limit 
                the quantity of groundwater withdrawn by nonexempt 
                wells from beneath the San Xavier Reservation to not 
                more than 10,000 acre-feet;
                    ``(B) except as provided in section 308, to limit 
                the quantity of groundwater withdrawn by nonexempt 
                wells from beneath the eastern  Schuk Toak District to 
not more than 3,200 acre-feet;
                    ``(C) to comply with a water management plan 
                established by the Secretary under section 308(d);
                    ``(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 
                successor regulation)) for purposes identified in 
                subparagraph (E)(iii)(I), as permitted with respect to 
                tribal organizations under title I of the Indian Self 
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.);
                    ``(E) subject to compliance by the Nation with 
                other applicable provisions of part 900 of title 25, 
                Code of Federal Regulations (or any successor 
                regulations), to consent to contracting by the San 
                Xavier District under section 311(b), on the conditions 
                that--
                            ``(i)(I) the plaintiffs in the Adams case, 
                        Alvarez case, and Tucson case have stipulated 
                        to the dismissal, with prejudice, of claims in 
                        those cases; and
                            ``(II) those cases have been dismissed with 
                        prejudice;
                            ``(ii) the San Xavier Cooperative 
                        Association has agreed to assume 
                        responsibility, after completion of each of the 
                        irrigation systems described in paragraphs (1) 
                        and (2) of section 304(c) and on the delivery 
                        of water through that system, for the 
                        operation, maintenance, and replacement of that 
                        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 contracting--
                                    ``(I) the consent is limited solely 
                                to contracts for--
                                            ``(aa) the design and 
                                        construction of the delivery 
                                        and distribution system and the 
                                        rehabilitation of the 
                                        irrigation system for the 
                                        cooperative farm;
                                            ``(bb) the extension of the 
                                        irrigation system for the 
                                        cooperative farm;
                                            ``(cc) the subjugation of 
                                        land to be served by the 
                                        system;
                                            ``(dd) the design and 
                                        construction of storage 
                                        facilities solely for water 
                                        deliverable for use within the 
                                        San Xavier Reservation; and
                                            ``(ee) the completion by 
                                        the Secretary of a water 
                                        resources study of the San 
                                        Xavier Reservation and 
                                        subsequent preparation of a 
                                        water management plan under 
                                        section 308(d);
                                    ``(II) the Nation shall reserve the 
                                right to seek retrocession or 
                                reassumption of contracts described in 
                                subclause (I), and recontracting under 
                                subpart P and other applicable 
                                provisions of part 900 of title 25, 
                                Code of Federal Regulations (or any 
                                successor regulations);
                                    ``(III) the Nation, on granting 
                                consent to such contracting, shall be 
                                released from any responsibility, 
                                liability, claim, or cost from and 
                                after the date on which consent is 
                                given, 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, on the 
                                request of the Nation, execute a waiver 
                                and release to carry out subclause 
                                (III);
                    ``(F) to subjugate, at no cost to the United 
                States, the land for which the irrigation systems under 
                paragraphs (2) and (3) of section 304(c) will be 
                planned, designed, and constructed by the Secretary, on 
                the condition that--
                            ``(i) the obligation of the Nation to 
                        subjugate the land in the cooperative farm that 
                        is to be served by the extension of the 
                        irrigation system under section 304(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 
                        executed under section 311, to perform that 
                        subjugation, a determination by the Secretary 
                        of the subjugation costs under clause (i), and 
                        the provision of notice by the San Xavier 
                        District to the Nation at least 180 days before 
                        the date on which the District Council 
                        certifies by resolution that the subjugation is 
                        scheduled to commence, the Nation pays to the 
                        San Xavier District, not later than 90 days 
                        before the date on which the subjugation is 
                        scheduled to commence, from the trust fund 
                        under section 315, or from other sources of 
                        funds held by the Nation, the amount determined 
                        by the Secretary under clause (i); and
                    ``(G) subject to valid existing rights, section 7 
                of the Act of February 8, 1887 (25 U.S.C. 381), this 
                title, other applicable Federal law, a water management 
                plan developed under section 308(d), and the water code 
                and other applicable laws of the Nation, that the 
                Nation--
                            ``(i) shall allocate as a first right of 
                        beneficial consumptive use by allottees, the 
                        San Xavier District, and other persons within 
                        the San Xavier Reservation--
                                    ``(I) 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 the allocation--
                                            ``(aa) to fulfill the 
                                        obligations prescribed in the 
                                        Asarco agreement; and
                                            ``(bb) for groundwater 
                                        storage, maintenance of 
                                        instream flows, and maintenance 
                                        of riparian vegetation and 
                                        habitat;
                                    ``(II) the 10,000 acre-feet of 
                                groundwater identified in subparagraph 
                                (A);
                                    ``(III) the groundwater withdrawn 
                                from exempt wells;
                                    ``(IV) the deferred pumping storage 
                                credits authorized by section 
                                308(f)(1)(B); and
                                    ``(V) the direct and indirect 
                                storage credits resulting from a 
                                project authorized in section 308(e) 
                                that cannot be lawfully transferred or 
                                otherwise disposed of to persons for 
                                recovery outside the territorial 
                                jurisdiction of the Nation; and
                            ``(ii) has the right--
                                    ``(I) to 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 Reservation for any period 
                                during which there is no identified 
                                actual use of the water within the San 
                                Xavier Reservation;
                                    ``(II) as a first right of use, to 
                                use the remaining acre-feet of water 
                                deliverable under sections 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
                                    ``(III) subject to section 308, as 
                                an exclusive right, to transfer or 
                                otherwise dispose of the direct and 
                                indirect storage credits that may be 
                                lawfully transferred or otherwise 
                                disposed of to persons for recovery 
                                outside the territorial jurisdiction of 
                                the Nation;
                            ``(iii) shall issue permits to persons or 
                        entities for use of the water resources 
                        referred to in clause (i);
                            ``(iv) shall, on timely receipt of an order 
                        for water by a permittee under a permit for 
                        Central Arizona Project water referred to in 
                        clause (i), submit the order to--
                                    ``(I) the Secretary; or
                                    ``(II) the operating agency for the 
                                Central Arizona Project;
                            ``(v) 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);
                            ``(vi) shall issue permits for groundwater 
                        that may be withdrawn from nonexempt wells in 
                        the eastern Schuk Toak District; and
                            ``(vii) shall, on timely receipt of an 
                        order for water by a permittee under a permit 
                        for water referred to in clause (v), submit the 
                        order to--
                                    ``(I) the Secretary; or
                                    ``(II) the operating agency for the 
                                Central Arizona Project; and
            ``(2) the Adams case, Alvarez case, and Tucson case have 
        been dismissed with prejudice.
    ``(b) Responsibilities on Completion.--On completion of an 
irrigation system or extension of an irrigation system described in 
paragraphs (1) and (2), or in paragraph (3), of section 304(c), if the 
irrigation system is constructed on allotted land, neither the United 
States nor the Nation shall be responsible for the operation, 
maintenance, or replacement of the system.
    ``(c) Payment of Charges.--The Nation shall not be responsible for 
payment of any water service capital charge for Central Arizona Project 
water delivered under section 304, subsection (a) or (b) of section 
305, or section 306.

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

    ``(a) Water Resources.--Water resources described in clauses (i) 
and (ii) of section 307(a)(1)(G)--
            ``(1) shall be subject to section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381); and
            ``(2) shall be apportioned pursuant to clauses (i) and (ii) 
        of section 307(a)(1)(G).
    ``(b) Water Code.--Subject to 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 provided to the 
        Nation under this title);
            ``(2) establish conditions, limitations, and permit 
        requirements, and promulgate regulations, relating to the 
        storage, recovery, and use of surface water and groundwater 
        within the Nation's Reservation; and
            ``(3) enact and maintain--
                    ``(A) as soon as practicable after the effective 
                date, an interim allottee water rights code that--
                            ``(i) is consistent with subsection (a);
                            ``(ii) prescribes the rights of allottees 
                        identified in paragraph (4); and
                            ``(iii) provides that the interim allottee 
                        water rights code shall be incorporated in the 
                        comprehensive water code referred to in 
                        subparagraph (B); and
                    ``(B) not later than 3 years after the effective 
                date, a comprehensive water code applicable to the 
                water resources owned or held by the Nation or the 
                United States for the benefit of--
                            ``(i) land within the Nation's Reservation; 
                        or
                            ``(ii) allottees;
            ``(4) include in each of the water codes enacted under 
        subparagraphs (A) and (B) of paragraph (3)--
                    ``(A) an acknowledgement of the rights described in 
                subsection (a);
                    ``(B) a process by which a just and equitable 
                distribution of the water resources referred to in 
                subsection (a), and any compensation provided under 
                section 305(d)(1)(C), shall be provided to allottees;
                    ``(C) a process by which an allottee may request 
                and receive a permit for the use of any water resources 
                referred to in subsection (a), except the water 
                resources referred to in section 307(a)(1)(G)(ii)(III) 
                and subject to the Nation's first right of use under 
                section 307(a)(1)(G)(ii)(II);
                    ``(D) provisions for the protection of due process 
                with respect to members of the Nation and allottees, 
                including--
                            ``(i) a fair procedure for 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--
                                            ``(aa) the water resources 
                                        identified in section 
                                        307(a)(1)(G)(i) that are 
                                        subject to a first right of 
                                        beneficial consumptive use; or
                                            ``(bb) subject to the first 
                                        right of use of the Nation, 
                                        available water resources 
                                        identified in section 
                                        307(a)(1)(G)(i)(II)(bb);
                            ``(ii) provisions for--
                                    ``(I) appeals and adjudications of 
                                denied or disputed permits; and
                                    ``(II) resolution of contested 
                                administrative decisions; and
                            ``(iii) a waiver by the Nation of the 
                        sovereign immunity of the Nation only with 
                        respect 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 fee owners of allotted land have received final 
                determinations under applicable law; and
            ``(5) submit to the Secretary the comprehensive water code, 
        for approval by the Secretary only of the provisions of the 
        water code that implement, with respect to the allottees, the 
        standards described in paragraph (4).
    ``(c) Water Code Approval.--
            ``(1) In general.--On receipt of a comprehensive water code 
        under subsection (b)(5), the Secretary shall--
                    ``(A) issue a written approval of the water code; 
                or
                    ``(B) provide a written notification to the Nation 
                that--
                            ``(i) identifies such provisions of the 
                        water code that do not conform to subsection 
                        (b); and
                            ``(ii) recommends specific corrective 
                        language for each nonconforming provision.
            ``(2) Revision by nation.--If the Secretary identifies 
        nonconforming provisions in the water code under paragraph 
        (1)(B)(i), the Nation shall revise the water code in accordance 
        with the recommendations of the Secretary under paragraph 
        (1)(B)(ii).
            ``(3) Interim authority.--Until such time as the Nation 
        revises the water code of the Nation in accordance with 
        paragraph (2) and the Secretary subsequently approves the water 
        code, the Secretary may exercise any lawful authority of the 
        Secretary under section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381).
            ``(4) Limitation.--Except as provided in this subsection, 
        nothing in this title requires the approval of the Secretary of 
        the water code of the Nation (or any amendment to that water 
        code).
    ``(d) Water Management Plans.--
            ``(1) In general.--The Secretary shall establish, for the 
        Reservation and the eastern Schuk Toak District, water 
        management plans that meet the requirements described in 
        paragraph (2).
            ``(2) Requirements.--A water plan established under 
        paragraph (1)--
                    ``(A) shall be developed under contracts executed 
                under section 311 between the Secretary and the San 
                Xavier District for the San Xavier Reservation, and 
                between the Secretary and the Nation for the eastern 
                Schuk Toak District, as applicable, that permit 
                expenditures, exclusive of administrative expenses of 
                the Secretary, of not more than--
                            ``(i) with respect to a contract between 
                        the Secretary and the San Xavier District, 
                        $891,200; and
                            ``(ii) with respect to a contract between 
                        the Secretary and the Nation, $237,200;
                    ``(B) shall, at a minimum--
                            ``(i) provide for the measurement of all 
                        groundwater withdrawals, including withdrawals 
                        from each well that is not an exempt well;
                            ``(ii) provide for--
                                    ``(I) reasonable recordkeeping of 
                                water use, including the quantities of 
                                water stored underground and recovered 
                                each calendar year; and
                                    ``(II) a system for the reporting 
                                of withdrawals from each well that is 
                                not an exempt well;
                            ``(iii) provide for the direct storage, 
                        indirect storage, and deferred storage of 
                        water, including the implementation of 
                        underground storage and recovery projects, in 
                        accordance with this section;
                            ``(iv) provide for the annual exchange of 
                        information collected under clauses (i) through 
                        (iii)--
                                    ``(I) between the Nation and the 
                                Arizona Department of Water Resources; 
                                and
                                    ``(II) between the Nation and the 
                                city of Tucson, Arizona;
                            ``(v) provide for--
                                    ``(I) the efficient use of water; 
                                and
                                    ``(II) the prevention of waste;
                            ``(vi) except on approval of the district 
                        council for a district in which a direct 
                        storage project is established under subsection 
                        (e), provide that no direct storage credits 
                        earned as a result of the project shall be 
                        recovered at any location at which the recovery 
                        would adversely affect surface or groundwater 
                        supplies, or lower the water table at any 
                        location, within the district; and
                            ``(vii) provide for amendments to the water 
                        plan in accordance with this title;
                    ``(C) shall authorize the establishment and 
                maintenance of 1 or more underground storage and 
                recovery projects in accordance with subsection (e), as 
                applicable, within--
                            ``(i) the San Xavier Reservation; or
                            ``(ii) the eastern Schuk Toak District; and
                    ``(D) shall be implemented and maintained by the 
                Nation, with no obligation by the Secretary.
    ``(e) Underground Storage and Recovery Projects.--The Nation is 
authorized to establish direct storage and recovery projects and 
indirect storage and recovery projects in accordance with the Tohono 
O'odham settlement agreement.
    ``(f) Groundwater.--
            ``(1) Reservation.--
                    ``(A) In general.--In accordance with section 
                307(a)(1)(A), 10,000 acre-feet of groundwater may be 
                pumped annually within the San Xavier Reservation.
                    ``(B) Deferred pumping.--
                            ``(i) In general.--Subject to clause (ii), 
                        all or any portion of the 10,000 acre-feet of 
                        water not pumped under subparagraph (A) in a 
                        year--
                                    ``(I) may be withdrawn in a 
                                subsequent year; and
                                    ``(II) if any of that water is 
                                withdrawn, shall be accounted for in 
                                accordance with the Tohono O'odham 
                                settlement agreement as an equivalent 
                                acre-feet of deferred pumping storage 
                                credits.
                            ``(ii) Limitation.--The quantity of water 
                        authorized to be recovered as deferred pumping 
                        storage credits under this subparagraph shall 
                        not exceed--
                                    ``(I) 50,000 acre-feet for any 10-
                                year period; or
                                    ``(II) 10,000 acre-feet in any 
                                year.
                    ``(C) Recovery of additional water.--In addition to 
                the quantity of groundwater authorized to be pumped 
                under subparagraphs (A) and (B), the Nation may 
                annually recover within the San Xavier Reservation all 
                or a portion of the credits for water stored under a 
                project described in subsection (e).
            ``(2) Eastern schuk toak district.--
                    ``(A) In general.--In accordance with section 
                307(a)(1)(B), 3,200 acre-feet of groundwater may be 
                pumped annually within the eastern Schuk Toak District.
                    ``(B) Deferred pumping.--
                            ``(i) In general.--Subject to clause (ii), 
                        all or any portion of the 3,200 acre-feet of 
                        water not pumped under subparagraph (A) in a 
                        year--
                                    ``(I) may be withdrawn in a 
                                subsequent year; and
                                    ``(II) if any of that water is 
                                withdrawn, shall be accounted for in 
                                accordance with the Tohono O'odham 
                                settlement agreement as an equivalent 
                                acre-feet of deferred pumping storage 
                                credits.
                            ``(ii) Limitation.--The quantity of water 
                        authorized to be recovered as deferred pumping 
                        storage credits under this subparagraph shall 
                        not exceed--
                                    ``(I) 16,000 acre-feet for any 10-
                                year period; or
                                    ``(II) 3,200 acre-feet in any year.
                    ``(C) Recovery of additional water.--In addition to 
                the quantity of groundwater authorized to be pumped 
                under subparagraphs (A) and (B), the Nation may 
                annually recover within the eastern Schuk Toak District 
                all or a portion of the credits for water stored under 
                a project described in subsection (e).
            ``(3) Inability to recover groundwater.--
                    ``(A) In general.--The authorizations to pump 
                groundwater in paragraphs (1)(B), (1)(C), and (2) 
                neither warrant nor guarantee that the groundwater--
                            ``(i) physically exists; or
                            ``(ii) is recoverable.
                    ``(B) Claims.--With respect to groundwater 
                described in subparagraph (A)--
                            ``(i) the inability of any person to pump 
                        or recover that groundwater shall not be the 
                        basis for any claim by the United States or the 
                        Nation against any person or entity withdrawing 
                        or using the water from any common supply; and
                            ``(ii) the United States and the Nation 
                        shall be barred from asserting any and all 
                        claims for reserved water rights with respect 
                        to that groundwater.
    ``(g) Exempt Wells.--Any groundwater pumped from an exempt well 
located within the San Xavier Reservation or the eastern Schuk Toak 
District shall be exempt from all pumping limitations under this title.
    ``(h) Inability of Secretary To Deliver Water.--The Nation is 
authorized to pump additional groundwater in any year in which the 
Secretary is unable to deliver water required to carry out sections 
304(a) and 306(a) in accordance with the Tohono O'odham settlement 
agreement.
    ``(i) Payment of Compensation.--Nothing in this section affects any 
obligation of the Secretary to pay compensation in accordance with 
section 305(d).

``SEC. 309. USES OF WATER.

    ``(a) Permissible Uses.--Subject to other provisions of this 
section and other applicable law, the Nation may 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 flow, riparian 
habitat maintenance, or recreational use).
    ``(b) Use Area.--
            ``(1) Use within reservation.--Subject to subsection (d), 
        the Nation may use at any location within the Nation's 
        Reservation--
                    ``(A) the water supplies acquired under sections 
                304(a) and 306(a);
                    ``(B) groundwater supplies; and
                    ``(C) direct or indirect storage credits acquired 
                as a result of projects authorized under section 
                308(e), or deferred storage credits described in 
                section 308(f), except to the extent that use of those 
                storage credits causes the withdrawal of groundwater in 
                violation of applicable Federal law.
            ``(2) Use outside reservation.--
                    ``(A) In general.--Water received by the Nation 
                under this title may be sold, leased, transferred, or 
                used outside of the Nation's Reservation only in 
                accordance with this title.
                    ``(B) Use within certain area.--Subject to 
                subsection (c), the Nation may use the Central Arizona 
                Project water supplies acquired under sections 304(a) 
                and 306(a) within the Central Arizona Project service 
                area.
                    ``(C) State law.--With the exception of Central 
                Arizona Project water, the Nation may use any water 
                supplies and direct and indirect storage credits 
                acquired as a result of a project authorized under 
                section 308(e) at any location outside of the Nation's 
                Reservation, but within the State, only in accordance 
                with State law.
                    ``(D) Limitation.--No water acquired under section 
                304(a) or 306(a) shall be leased, exchanged, forborne, 
                or otherwise transferred by the Nation for any direct 
                or indirect use outside the State.
    ``(c) Exchanges and Leases; Conditions on Exchanges and Leases; 
Right of First Refusal.--
            ``(1) In general.--With respect to users outside the 
        Nation's Reservation, the Nation may, for a term of not to 
        exceed 100 years, assign, exchange, lease, provide an option to 
        lease, or otherwise temporarily dispose of to the users, 
        Central Arizona Project water to which the Nation is entitled 
        under sections 304(a) and 306(a) or direct and indirect storage 
        credits acquired under section 308, if the assignment, 
        exchange, lease, option, or temporary disposal is carried out 
        in accordance with--
                    ``(A) this subsection; and
                    ``(B) subsection (b)(2).
            ``(2) Limitation on alienation.--The Nation shall not 
        permanently alienate any water right 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 law.
            ``(4) Contract.--An assignment, exchange, lease, option, or 
        temporary disposal described in paragraph (1) shall be executed 
        only in accordance with a contract that--
                    ``(A) is accepted by the Nation;
                    ``(B) is ratified under a resolution of the 
                Legislative Council of the Nation;
                    ``(C) is approved by the United States as Trustee; 
                and
                    ``(D) with respect to any contract to which the 
                United States or the Secretary is a party, provides 
                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, as appropriate.
            ``(5) Terms exceeding 25 years.--The terms and conditions 
        established in the Tohono O'odham settlement agreement shall 
        apply to any contract under paragraph (4) that has a term of 
        greater than 25 years.
    ``(d) Limitations on Use, Exchanges, and Leases.--The rights of the 
Nation to use water supplies under subsection (a), and to assign, 
exchange, lease, provide options to lease, or temporarily dispose of 
the water supplies under subsection (c), shall be exercised on 
conditions that ensure, to the maximum extent practicable, the 
availability of water supplies to satisfy the first right of beneficial 
consumptive use under section 307(a)(1)(G)(i)(I).
    ``(e) Water Service Capital Charges.--In any transaction entered 
into by the Nation and another person under subsection (c) with respect 
to Central Arizona Project water of the Nation, the person shall not be 
obligated to pay to the United States or the Central Arizona Water 
Conservation District any water service capital charge.
    ``(f) Water Rights Unaffected by Use or Nonuse.--The failure of the 
Nation to make use of water provided under this title, or the use of, 
or failure to make use of, that water by any other person that enters 
into a contract with the Nation under subsection (c) for the 
assignment, exchange, lease, option for lease, or temporary disposal of 
water, shall not diminish, reduce, or impair--
            ``(1) any water right of the Nation, as established under 
        this title or any other applicable law; or
            ``(2) any water use right recognized under this title, 
        including--
                    ``(A) the first right of beneficial consumptive use 
                referred to in section 307(a)(1)(G)(i)(I); or
                    ``(B) the allottee use rights referred to in 
                section 308(a).
    ``(g) Amendment to Agreement of December 11, 1980.--The Secretary 
shall amend the agreement of December 11, 1980 to provide that--
            ``(1) the contract shall be--
                    ``(A) for permanent service (within the meaning of 
                section 5 of the Boulder Canyon Project Act of 1928 (43 
                U.S.C. 617d)); and
                    ``(B) without limit as to term;
            ``(2) the Nation may, with the approval of the Secretary--
                    ``(A) in accordance with subsection (c), assign, 
                exchange, lease, enter into an option to lease, or 
                otherwise temporarily dispose of water to which the 
                Nation is entitled under sections 304(a) and 306(a); 
                and
                    ``(B) renegotiate any lease at any time during the 
                term of the lease if the term of the renegotiated lease 
                does not exceed 100 years;
            ``(3)(A) the Nation shall be entitled to all consideration 
        due to the Nation under any leases and any options to lease or 
        exchanges or options to exchange the Nation's Central Arizona 
        Project water entered into by the Nation; and
            ``(B) the United States shall have no trust obligation or 
        other obligation to monitor, administer, or account for any 
        consideration received by the Nation under those leases or 
        options to lease and exchanges or options to exchange;
            ``(4)(A) all of the Nation's Central Arizona Project water 
        shall be delivered through the delivery and distribution 
        system; and
            ``(B) if the delivery capacity of the delivery and 
        distribution system is significantly reduced or is anticipated 
        to be significantly reduced for an extended period of time, the 
        Nation shall have the same Central Arizona Project delivery 
        rights as other Central Arizona Project contractors and Central 
        Arizona Project subcontractors, if the Central Arizona Project 
        contractors or Central Arizona Project subcontractors are 
        allowed to take delivery of water other than through the 
        delivery and distribution system;
            ``(5) the Nation may use the Nation's Central Arizona 
        Project water on or off of the Nation's Reservation for the 
        purposes of the Nation;
            ``(6) as authorized by subparagraph (A) of section 
        403(f)(2) of the Colorado River Basin Project Act (43 U.S.C. 
        1543(f)(2)) (as amended by section 107(a)) and to the extent 
        that funds are available in the Lower Colorado River Basin 
        Development Fund established by section 403 of that Act (43 
        U.S.C. 1543), the United States shall pay to the Central 
        Arizona Project operating agency the fixed operation, 
        maintenance, and replacement charges associated with the 
        delivery of the Nation's Central Arizona Project water, except 
        for the Nation's Central Arizona Project water leased by 
        others;
            ``(7) the costs associated with the construction of the 
        delivery and distribution system--
                    ``(A) shall be nonreimbursable; and
                    ``(B) shall be excluded from any repayment 
                obligation of the Nation;
            ``(8) no water service capital charges shall be due or 
        payable for the Nation's Central Arizona Project water, 
        regardless of whether the Central Arizona Project water is 
        delivered for use by the Nation or is delivered pursuant to any 
        leases or options to lease or exchanges or options to exchange 
        the Nation's Central Arizona Project water entered into by the 
        Nation;
            ``(9) the agreement of December 11, 1980, conforms with 
        section 104(d) and section 306(a) of the Arizona Water 
        Settlements Act; and
            ``(10) the amendments required by this subsection shall not 
        apply to the 8,000 acre feet of Central Arizona Project water 
        contracted by the Nation in the agreement of December 11, 1980 
        for the Sif Oidak District.
    ``(h) Ratification of Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, each of the agreements described in paragraph (2)--
                    ``(A) is authorized, ratified, and confirmed; and
                    ``(B) shall be executed by the Secretary.
            ``(2) Agreements.--The agreements described in this 
        paragraph are--
                    ``(A) the Tohono O'odham settlement agreement, to 
                the extent that--
                            ``(i) the Tohono O'odham settlement 
                        agreement is consistent with this title; and
                            ``(ii) parties to the Tohono O'odham 
                        settlement agreement other than the Secretary 
                        have executed that agreement;
                    ``(B) the Tucson agreement (attached to the Tohono 
                O'odham settlement agreement as exhibit 12.1); and
                    ``(C) the Asarco agreement (attached to the Tohono 
                O'odham settlement agreement as exhibit 13.1 to the 
                Tohono O'odham settlement agreement);
                    ``(E) the FICO agreement (attached to the Tohono 
                O'odham settlement agreement as Exhibit 14.1).
            ``(3) Relation to other law.--
                    ``(A) In general.--Execution of an agreement 
                described in paragraph (2)(B) shall not constitute 
                major Federal action under the National Environmental 
                Policy Act (42 U.S.C. 4321 et seq.).
                    ``(B) Environmental compliance activities.--The 
                Secretary shall carry out all necessary environmental 
                compliance activities during the implementation of the 
                agreements described in paragraph (2)(B), including 
                activities under--
                            ``(i) the National Environmental Policy Act 
                        (42 U.S.C. 4321 et seq.); and
                            ``(ii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.).
                    ``(C) Lead agency.--The Bureau of Reclamation shall 
                be the lead agency with respect to environmental 
                compliance under the agreements described in paragraph 
                (2)(B).
    ``(i) Disbursements From Tucson Interim Water Lease.--The Secretary 
shall disburse to the Nation, without condition, all proceeds from the 
Tucson interim water lease.
    ``(j) Use of Gross Proceeds.--
            ``(1) Definition of gross proceeds.--In this subsection, 
        the term `gross proceeds' means all proceeds, without 
        reduction, received by the Nation from--
                    ``(A) the Tucson interim water lease (as described 
                in subsection (i)(2)(B)(i));
                    ``(B) the Asarco agreement; and
                    ``(C) any agreement similar to the Asarco agreement 
                to store Central Arizona Project water of the Nation, 
                instead of pumping groundwater, for the purpose of 
                protecting water of the Nation.
            ``(2) Entitlement.--The Nation shall be entitled to receive 
        all gross proceeds under this title.
    ``(k) Statutory Construction.--Nothing in this title establishes 
whether reserved water may be put to use, or sold for use, off any 
reservation to which reserved water rights attach.

``SEC. 310. COOPERATIVE FUND.

    ``(a) Reauthorization.--
            ``(1) In general.--Congress reauthorizes, for use in 
        carrying out this title, the cooperative fund established in 
        the Treasury of the United States by section 313 of the 1982 
        Act.
            ``(2) Amounts in cooperative fund.--The cooperative fund 
        shall consist of--
                    ``(A)(i) $5,250,000, as appropriated to the 
                cooperative fund under section 313(b)(3)(A) the 1982 
                Act; and
                    ``(ii) such amount, not to exceed $32,000,000, as 
                the Secretary determines, after providing notice to 
                Congress, is necessary to carry out this title; and
                    ``(B) any additional Federal funds deposited to the 
                cooperative fund under Federal law;
                    ``(C) $5,250,000, as deposited in the cooperative 
                fund under section 313(b)(1)(B) of the 1982 Act, of 
                which--
                            ``(i) $2,750,000 was contributed by the 
                        State;
                            ``(ii) $1,500,000 was contributed by the 
                        city of Tucson;
                            ``(iii) $1,000,000 was contributed by--
                                    ``(I) the Anamax Mining Company;
                                    ``(II) the Cyprus-Pima Mining 
                                Company;
                                    ``(III) the American Smelting and 
                                Refining Company;
                                    ``(IV) the Duval Corporation; and
                                    ``(V) the Farmers Investment 
                                Company; and
                            ``(iv) all interest accrued on all amounts 
                        in the cooperative fund beginning on October 
                        12, 1982, less any interest expended under 
                        subsection (b)(2); and
                    ``(D) all revenues received from--
                            ``(i) the sale or lease of 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; 
                        and
                            ``(ii) the sale or lease of storage credits 
                        derived from the storage of that effluent.
    ``(b) Expenditures From Fund.--
            ``(1) In general.--Subject to paragraph (2), upon request 
        by the Secretary of the Interior, the Secretary of the Treasury 
        shall transfer from the cooperative fund to the Secretary of 
        the Interior such amounts as the Secretary of the Interior 
        determines are necessary to carry out obligations of the 
        Secretary of the Interior under this title, including to pay--
                    ``(A) the variable costs relating to the delivery 
                of water under sections 304 through 306;
                    ``(B) fixed operation maintenance and replacement 
                costs relating to the delivery of water under sections 
                304 through 306, to the extent that funds are not 
                available from the Lower Colorado River Basin 
                Development Fund to pay those costs;
                    ``(C) the costs of acquisition and delivery of 
                water from alternative sources under section 305; and
                    ``(D) any compensation provided by the Secretary of 
                the Interior under section 305(e).
            ``(2) Expenditure of interest.--With respect to interest 
        income accruing from amounts in the cooperative fund--
                    ``(A) the Secretary of the Interior may expend only 
                interest income accruing after the effective date; and
                    ``(B) that interest income may be expended by the 
                Secretary of the Interior, without further 
                appropriation.
    ``(c) Investment of Amounts.--
            ``(1) In general.--The Secretary of the Treasury shall 
        invest such portion of the cooperative fund as is not, in the 
        judgment of the Secretary of the Treasury, required to meet 
        current withdrawals determined by the Secretary of the 
        Interior. Investments may be made only in interest-bearing 
        obligations of the United States.
            ``(2) Credits to cooperative fund.--The interest on, and 
        the proceeds from the sale or redemption of, any obligations 
        held in the cooperative fund shall be credited to and form a 
        part of the cooperative fund.
    ``(d) Transfers of Amounts.--
            ``(1) In general.--The amounts required to be transferred 
        to the cooperative fund under this section shall be transferred 
        at least monthly from the general fund of the Treasury to the 
        cooperative  fund on the basis of estimates made by the 
Secretary of the Treasury.
            ``(2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.

``SEC. 311. CONTRACTING AUTHORITY; ENVIRONMENTAL COMPLIANCE; WATER 
              QUALITY; STUDIES; ARID LAND ASSISTANCE.

    ``(a) Functions of Secretary.--Except as provided in subsection 
(f), the functions of the Secretary (or the Commissioner 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 those functions 
were carried out by the Assistant Secretary for Indian Affairs.
    ``(b) San Xavier District as Contractor.--
            ``(1) In general.--Subject to the consent of the Nation and 
        other requirements under section 307(a)(1)(D), the San Xavier 
        District shall be considered to be an eligible contractor for 
        purposes of this title.
            ``(2) Technical assistance.--The Secretary shall provide to 
        the San Xavier District technical assistance in carrying out 
        the contracting requirements under the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.).
    ``(c) Groundwater Monitoring Programs.--
            ``(1) San xavier indian reservation program.--
                    ``(A) In general.--Not later than 180 days after 
                the enforceability date, the Secretary shall design and 
                carry out a comprehensive groundwater monitoring 
                program (including the drilling of wells and other 
                appropriate actions) to test, assess, and provide for 
                the long-term monitoring of the quality of groundwater 
                withdrawn from exempt wells and other wells within the 
                San Xavier Reservation.
                    ``(B) Limitation on expenditures.--In carrying out 
                this paragraph, the Secretary shall expend not more 
                than $215,000.
            ``(2) Eastern schuk toak district program.--
                    ``(A) In general.--Not later than 180 days after 
                the enforceability date, the Secretary shall design and 
                carry out a comprehensive groundwater monitoring 
                program (including the drilling of wells and other 
                appropriate actions) to test, assess, and provide for 
                the long-term monitoring of the quality of groundwater 
                withdrawn from exempt wells and other wells within the 
                eastern Schuk Toak District.
                    ``(B) Limitation on expenditures.--In carrying out 
                this paragraph, the Secretary shall expend not more 
                than $175,000.
            ``(3) Duties of secretary.--
                    ``(A) Consultation.--In carrying out paragraphs (1) 
                and (2), the Secretary shall consult with 
                representatives of--
                            ``(i) the Nation;
                            ``(ii) the San Xavier District and Schuk 
                        Toak District, respectively; and
                            ``(iii) appropriate State and local 
                        entities.
                    ``(B) Limitation on obligations of secretary.--With 
                respect to the groundwater monitoring programs 
                described in paragraphs (1) and (2), the Secretary 
                shall have no continuing obligation relating to those 
                programs beyond the obligations described in those 
                paragraphs.
    ``(d) Water Resources Study.--To assist the Nation in developing 
sources of water, the Secretary shall conduct a study to determine the 
availability and suitability of water resources that are located--
            ``(1) within the territorial jurisdiction of the Nation; 
        but
            ``(2) outside the Tucson management area.
    ``(e) Arid Land Renewable Resources.--If a Federal entity is 
established to provide financial assistance to carry out arid land 
renewable resources projects and to encourage and ensure investment in 
the development of domestic sources of arid land renewable resources, 
the entity shall--
            ``(1) give first priority to the needs of the Nation in 
        providing that assistance; and
            ``(2) make available to the Nation, San Xavier District, 
        Schuk Toak District, and San Xavier Cooperative Association 
        price guarantees, loans, loan guarantees, purchase agreements, 
        and joint venture projects at a level that the entity 
        determines will--
                    ``(A) facilitate the cultivation of such minimum 
                number of acres as is determined by the entity to be 
                necessary to ensure economically successful cultivation 
                of arid land crops; and
                    ``(B) contribute significantly to the economy of 
                the Nation.
    ``(f) Asarco Land Exchange Study.--
            ``(1) In general.--Not later than 2 years after the 
        effective date, the Secretary, in consultation with the Nation, 
        the San Xavier District, the San Xavier Allottees' Association, 
        and Asarco, conduct, and submit to Congress, a study on the 
        feasibility of a land exchange or land exchanges with Asarco to 
        provide land for future use by--
                    ``(A) beneficial landowners of the Mission Complex 
                Mining Leases of September 18, 1959; and
                    ``(B) beneficial landowners of the Mission Complex 
                Business Leases of May 12, 1959.
            ``(2) Components.--The study under paragraph (1) shall 
        include--
                    ``(A) an analysis of the manner in which land 
                exchanges could be accomplished to maintain a 
                contiguous land base for the San Xavier Reservation; 
                and
                    ``(B) a description of the legal status exchanged 
                land should have to maintain the political integrity of 
                the San Xavier Reservation.

``SEC. 312. WAIVER AND RELEASE OF CLAIMS.

    ``(a) Waiver of Claims by the Nation.--The Tohono O'odham 
settlement agreement shall provide that the Nation, on behalf of the 
Nation and members of the Nation, waives and releases--
            ``(1) any and all past, present, and future claims for 
        water rights (including claims based on aboriginal occupancy) 
        arising from time immemorial and, thereafter, forever, and 
        claims for injuries to water rights arising from time 
        immemorial through the enforceability date, for land within the 
        Tucson management area, against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity;
            ``(2) any and all claims for water rights arising from time 
        immemorial and, thereafter, forever, claims for injuries to 
        water rights arising from time immemorial through the 
        enforceability date, and failure to protect, acquire, or 
        develop water rights for land within the San Xavier Reservation 
        and the eastern Schuk Toak District from time immemorial 
        through the enforceability date, against the Federal Government 
        (including any agency, officer, and employee of the Federal 
        Government);
            ``(3) any and all claims for injury to water rights arising 
        after the enforceability date for land within the San Xavier 
        Reservation and the eastern Schuk Toak District resulting from 
        the off-Reservation diversion or use of water in a manner not 
        in violation of the Tohono O'odham settlement agreement 
        against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity; and
            ``(4) any and all past, present, and future claims arising 
        out of or relating to the negotiation or execution of the 
        Tohono O'odham settlement agreement or the negotiation or 
        enactment of this Act, against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity.
    ``(b) Waiver of Claims by the Allottee Classes.--The Tohono O'odham 
settlement agreement shall provide that each allottee class waives and 
releases--
            ``(1) any and all past, present, and future claims for 
        water rights (including claims based on aboriginal occupancy) 
        arising from time immemorial and, thereafter, forever, claims 
        for injuries to water rights arising from time immemorial 
        through the enforceability date, against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity (other than the 
                Nation);
            ``(2) any and all claims for water rights arising from time 
        immemorial and, thereafter, forever, claims for injuries to 
        water rights arising from time immemorial through the 
        enforceability date, and failure to protect, acquire, or 
        develop water rights for land within the San Xavier Reservation 
        from time immemorial through the enforceability date, against 
        the Federal Government (including any agency, officer, and 
        employee of the Federal Government);
            ``(3) any and all claims for injury to water rights arising 
        after the enforceability date for land within the San Xavier 
        Reservation resulting from the off-Reservation diversion or use 
        of water in a manner not in violation of the Tohono O'odham 
        settlement agreement against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity; and
            ``(4) any and all past, present, and future claims arising 
        out of or relating to the negotiation or execution of the 
        Tohono O'odham settlement agreement or the negotiation or 
        enactment of this Act, against--
                    ``(A) the State (or any agency or political 
                subdivision of the State);
                    ``(B) any municipal corporation; and
                    ``(C) any other person or entity; and
            ``(4) any and all past, present, and future claims for 
        water rights arising from time immemorial and, thereafter, 
        forever, and claims for injuries to water rights arising from 
        time immemorial through the enforceability date, against the 
        Nation (except that under section 307(a)(1)(F) and subsections 
        (a) and (b) of section 308, the allottees and fee owners of 
        allotted land shall retain any rights of the allottees and 
        owners to share in the water resources granted or confirmed 
        under this title and the Tohono O'odham settlement agreement 
        with respect to uses within the San Xavier Reservation).
    ``(c) Waiver of Claims by the United States.--The Tohono O'odham 
settlement agreement shall provide that the United States as Trustee 
waives and releases--
            ``(1) any and all past, present, and future claims for 
        water rights (including claims based on aboriginal occupancy) 
        arising from time immemorial and, thereafter, forever, and 
        claims for injuries to water rights arising from time 
        immemorial through the enforceability date, for land within the 
        Tucson management area, against--
                    ``(A) the Nation;
                    ``(B) the State (or any agency or political 
                subdivision of the State);
                    ``(C) any municipal corporation; and
                    ``(D) any other person or entity;
            ``(2) any and all claims for injury to water rights arising 
        after the enforceability date for land within the San Xavier 
        Reservation and the eastern Schuk Toak District resulting from 
        the off-Reservation diversion or use of water in a manner not 
        in violation of the Tohono O'odham settlement agreement 
        against--
                    ``(A) the Nation;
                    ``(B) the State (or any agency or political 
                subdivision of the State);
                    ``(C) any municipal corporation; and
                    ``(D) any other person or entity;
            ``(3) on and after the enforceability date, any and all 
        claims on behalf of the allottees for injuries to water rights 
        against the Nation (except that under section 307(a)(1)(F) and 
        subsections (a) and (b) of section 308, the allottees shall 
        retain any rights of the allottees in the water resources 
        granted or confirmed under this title and the Tohono O'odham 
        settlement agreement with respect to uses within the San Xavier 
        Reservation); and
            ``(4) contingent on the effectiveness of a waiver of such 
        claims as are provided for in the Asarco agreement, claims 
        against Asarco on behalf of the allottee class for the fourth 
        cause of action in the Alvarez case, as defined in the Tohono 
        O'odham settlement agreement.
    ``(d) Supplemental Waivers of Claims.--Any party to the Tohono 
O'odham settlement agreement may waive and release, prohibit the 
assertion of, or agree not to assert, any claims (including claims for 
subsidence damage or injury to water quality) in addition to claims for 
water rights and injuries to water rights on such terms and conditions 
as may be agreed to by the parties.
    ``(e) Rights of Allottees; Prohibition of Claims.--
            ``(1) In general.--As of the enforceability date--
                    ``(A) the water rights and other benefits granted 
                or confirmed by this title and the Tohono O'odham 
                settlement agreement shall be in full satisfaction of--
                            ``(i) all claims for water rights and 
                        claims for injuries to water rights of the 
                        Nation and its members; and
                            ``(ii) all claims for water rights and 
                        injuries to water rights of the allottees;
                    ``(B) any entitlement to water within the Tucson 
                management area of the Nation, individual members of 
                the Nation, or any allottee shall be satisfied out of 
                the water resources granted or confirmed under this 
                title and the Tohono O'odham settlement agreement; and
                    ``(C) any rights of the allottees to groundwater, 
                surface water, or effluent shall be limited to the 
                water rights granted or confirmed under this title and 
                the Tohono O'odham settlement agreement.
            ``(2) Limitation of certain claims by allottees.--No 
        allottee within the San Xavier Reservation may--
                    ``(A) assert any past, present, or future claim for 
                water rights arising from time immemorial and, 
                thereafter, forever, or any claim for injury to water 
                rights (including future injury to water rights) 
                arising from time immemorial through the enforceability 
                date, against--
                            ``(i) the Federal Government;
                            ``(ii) the State (or any agency or 
                        political subdivision of the State);
                            ``(iii) any municipal corporation; or
                            ``(iv) any other person or entity; or
                    ``(B) continue to assert a claim described in 
                subparagraph (A), if the claim was first asserted 
                before the enforceability date.
            ``(3) Claims by fee owners of allotted land.--
                    ``(A) In general.--No fee owner of allotted land 
                within the San Xavier Reservation may assert any claim 
                to the extent that--
                            ``(i) the claim has been waived and 
                        released in the Tohono O'odham settlement 
                        agreement; and
                            ``(ii) the fee owner of allotted land 
                        asserting the claim is a member of the 
                        applicable allottee class.
                    ``(B) Offset.--Any benefits awarded to a fee owner 
                of allotted land as a result of a successful claim 
                shall be offset by benefits received by that fee owner 
                of allotted land under this title.
            ``(4) Limitation of claims against the nation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no allottee may assert against the 
                Nation any claims for water rights arising from time 
                immemorial and, thereafter, forever, claims for injury 
                to water rights arising from time immemorial through 
                the enforceability date, or, beginning on the 
                enforceability date, claims for future injury to water 
                rights.
                    ``(B) Exception.--Under section 307(a)(1)(F) and 
                subsections (a) and (b) of section 308, the allottees 
                shall retain any rights to share in the water resources 
                granted or confirmed under this title and the Tohono 
                O'odham settlement agreement.
    ``(f) Consent.--
            ``(1) Grant of consent.--Congress grants to the Nation and 
        the San Xavier Cooperative Association under section 305(d) 
        consent to maintain civil actions against the United States in 
        the courts of the United States under section 1346 or section 
        1491 of title 28, United States Code, respectively, to recover 
        damages, if any, for the breach of any obligation of the 
        Secretary under those sections.
            ``(2) No sufficient funds defense.--The lack of sufficient 
        funds in the cooperative fund to carry out the obligations of 
        the Secretary may not be raised by the United States as a 
        defense to any claim asserted under paragraph (1).
            ``(3) Remedy.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                exclusive remedy for a civil action maintained under 
                this subsection shall be monetary damages.
                    ``(B) Offset.--A court that makes an award for 
                damages for a claim under this subsection shall offset 
                against the award any amount of funds--
                            ``(i) made available by any Act of 
                        appropriation; and
                            ``(ii) paid to the claimant by the 
                        Secretary in partial or complete satisfaction 
                        of the claim.
            ``(4) No claims established.--Except as provided in 
        paragraph (1), nothing in the subsection establishes any claim 
        against the United States.
    ``(g) Jurisdiction; Waiver of Immunity; Parties.--
            ``(1) Jurisdiction.--
                    ``(A) In general.--Except as provided in subsection 
                (i), the courts of the United States, or a State court 
                having jurisdiction over Gila River adjudication 
                proceedings and decrees, shall have jurisdiction over--
                            ``(i) civil actions relating to the 
                        interpretation and enforcement of--
                                    ``(I) this title;
                                    ``(II) the Tohono O'odham 
                                settlement agreement; and
                                    ``(III) agreements referred to in 
                                section 309(h)(2); and
                            ``(ii) civil actions brought 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 that are not--
                                    ``(I) claims for water rights; or
                                    ``(II) claims waived and released 
                                under the Tohono O'odham settlement 
                                agreement.
                    ``(B) Limitation.--Except as provided in 
                subparagraph (A), no State court or court of the Nation 
                shall have jurisdiction over any civil action described 
                in subparagraph (A).
            ``(2) Waiver.--
                    ``(A) In general.--The United States and the Nation 
                waive sovereign immunity solely for claims for--
                            ``(i) declaratory judgment or injunctive 
                        relief in any civil action arising under this 
                        title; and
                            ``(ii) such claims and remedies as may be 
                        prescribed in any agreement authorized under 
                        this title.
                    ``(B) Limitation on standing.--If a governmental 
                entity not described in subparagraph (A) asserts 
                immunity in any civil action that arises under this 
                title (unless the entity waives immunity for 
                declaratory judgment or injunctive relief) or any 
                agreement authorized under this title (unless the 
                entity waives immunity for the claims and remedies 
                prescribed in the agreement)--
                            ``(i) the governmental entity shall not 
                        have standing to initiate or assert any claim, 
                        or seek any remedy against the United States or 
                        the Nation, in the civil action; and
                            ``(ii) the waivers of sovereign immunity 
                        under subparagraph (A) shall have no effect in 
                        the civil action.
                    ``(C) Monetary relief.--A waiver of immunity under 
                this paragraph shall not extend to any claim for 
                damages, costs, attorneys' fees, or other monetary 
                relief.
            ``(3) Nation as a party.--
                    ``(A) In general.--Not later than 60 days before 
                the date on which a civil action under paragraph 
                (1)(A)(ii) is filed by an allottee or fee owner of 
                allotted land, the allottee or fee owner, as the case 
                may be, shall provide to the Nation a notice of intent 
                to file the civil action, accompanied by a request for 
                consultation.
                    ``(B) Joinder.--If the Nation is not a party to a 
                civil action as originally commenced under paragraph 
                (1)(A)(ii), the Nation shall be joined as a party.
    ``(h) Regulation and Jurisdiction Over Dispute Resolution.--
            ``(1) Regulation.--The Nation shall have jurisdiction to 
        manage, control, permit, administer, and otherwise regulate the 
        water resources granted or confirmed under this title and the 
        Tohono O'odham settlement agreement--
                    ``(A) with respect to the use of those resources 
                by--
                            ``(i) the Nation;
                            ``(ii) individual members of the Nation;
                            ``(iii) districts of the Nation; and
                            ``(iv) allottees; and
                    ``(B) with respect to any entitlement to those 
                resources for which a fee owner of allotted land has 
                received a final determination under applicable law.
            ``(2) Jurisdiction.--Subject to a requirement of exhaustion 
        of any administrative or other remedies prescribed under the 
        laws of the Nation, jurisdiction over any disputes relating to 
        the matters described in paragraph (1) shall be vested in the 
        courts of the Nation.
            ``(3) Applicable law.--The regulatory and remedial 
        procedures referred to in paragraphs (1) and (2) shall be 
        subject to all applicable law.
    ``(i) No Expansion of Federal Jurisdiction.--Nothing in this title 
expands or otherwise affects the jurisdiction of any Federal court.

``SEC. 313. AFTER-ACQUIRED TRUST LAND.

    ``(a) In General.--Except as provided in subsection (b)--
            ``(1) the Nation may seek to have taken into trust by the 
        United States, for the benefit of the Nation, legal title to 
        additional land within the State and outside the exterior 
        boundaries of the Nation's Reservation only in accordance with 
        an Act of Congress specifically authorizing the transfer for 
        the benefit of the Nation;
            ``(2) it is the intent of Congress in enacting this title 
        that future Acts of Congress described in paragraph (1) should 
        provide that land taken into trust under that paragraph will 
        include only such water rights and water use privileges as are 
        consistent with State water law and State water management 
        policy; and
            ``(3) after-acquired trust land shall not include Federal 
        reserved rights to surface water or groundwater.
    ``(b) Exception.--Subsection (a) shall not apply to land acquired 
by the Nation under the Gila Bend Indian Reservation Lands Replacement 
Act (100 Stat. 1798).

``SEC. 314. NONREIMBURSABLE COSTS.

    ``(a) Central Arizona Water Conservation District.--For the purpose 
of determining the allocation and repayment of costs of any stage of 
the Central Arizona Project constructed after the effective date, the 
costs associated with the delivery of Central Arizona Project water 
acquired under sections 304(a) and 306(a), whether that water is 
delivered for use by the Nation or in accordance with any assignment, 
exchange, lease, option to lease, or other agreement for the temporary 
disposition of water entered into by the Nation--
            ``(1) shall be nonreimbursable; and
            ``(2) shall be excluded from the repayment obligation of 
        the Central Arizona Water Conservation District.
    ``(b) Claims by United States.--The United States shall--
            ``(1) make no claim against the Nation or any allottee for 
        reimbursement or repayment of any cost associated with--
                    ``(A) the construction of facilities under the 
                Colorado River Basin Project Act (43 U.S.C. 1501 et 
                seq.);
                    ``(B) the delivery of Central Arizona Project water 
                for any use authorized under this title; or
                    ``(C) the implementation of this title;
            ``(2) make no claim against the Nation for reimbursement or 
        repayment of the costs associated with the construction of 
        facilities described in paragraph (1)(A) for the benefit of and 
        use on land that--
                    ``(A) is known as the `San Lucy Farm'; and
                    ``(B) was acquired by the Nation under the Gila 
                Bend Indian Reservation Lands Replacement Act (100 
                Stat. 1798); and
            ``(3) impose no assessment with respect to the costs 
        referred to in paragraphs (1) and (2) against--
                    ``(A) trust or allotted land within the territorial 
                jurisdiction of the Nation; or
                    ``(B) the land described in paragraph (2)(B).

``SEC. 315. TRUST FUND.

    ``(a) Reauthorization.--
            ``(1) In general.--Congress reauthorizes the trust fund 
        established in the Treasury of the United States by section 309 
        of the 1982 Act, containing an initial deposit of $15,000,000 
        made under that section, for use in carrying out this title.
            ``(2) Investment.--The Nation shall--
                    ``(A) hold the amount described in paragraph (1) in 
                trust for the benefit of the Nation; and
                    ``(B) invest the amount in interest-bearing 
                deposits and securities (including deposits and 
                securities of the United States).
    ``(b) Expenditures.--
            ``(1) In general.--Subject to subsection (c), the 
        authorized governing body of the Nation, as trustee for the 
        Nation, may expend for each fiscal year only the interest and 
        dividends that accrue during the fiscal year on the amount held 
        and invested under subsection (a)(2).
            ``(2) Use of funds.--The Nation may expend interest and 
        dividends described in paragraph (1) only for the subjugation 
        of land, the development of water resources, and the 
        construction, operation, maintenance, and replacement of 
        related facilities on the San Xavier Reservation, that are not 
        the obligation of the United States under this Act or any other 
        provision of law.
            ``(3) Responsibility of secretary.--The Secretary shall 
        not--
                    ``(A) be responsible for the review, approval, or 
                audit of the use and expenditure of any funds from the 
                trust fund reauthorized by subsection (a)(1); or
                    ``(B) be subject to liability for any claim or 
                cause of action arising from the use or expenditure by 
                the Nation of those funds.
    ``(c) Conditions of Trust.--
            ``(1) Reserve for the cost of subjugation.--The Nation 
        shall reserve in the trust fund reauthorized by subsection 
        (a)(1)--
                    ``(A) the principal amount of at least $3,000,000; 
                and
                    ``(B) interest on that amount that accrues during 
                the period beginning on the effective date and ending 
                on the earlier of--
                            ``(i) the date on which full payment of 
                        such costs has been made; or
                            ``(ii) the date that is 10 years after the 
                        effective date.
            ``(2) Payment.--The costs described in paragraph (1) shall 
        be paid in the amount and on the terms prescribed in section 
        307(a)(1)(E).
            ``(3) Limitation on restrictions.--On the occurrence of an 
        event described in clause (i) or (ii) of paragraph (1)(B)--
                    ``(A) the restrictions imposed on funds from the 
                trust fund described in subsection (a)(1) shall 
                terminate; and
                    ``(B) any of those funds remaining that were 
                reserved under paragraph (1) may be used by the Nation 
                under subsection (b)(1).

``SEC. 316. EFFECTIVE DATE OF WAIVERS AND RELEASES.

    ``The waivers and releases of claims described in section 312 shall 
become effective as of the date on which the Secretary publishes in the 
Federal Register a statement of findings that--
            ``(1)(A) to the extent that the Tohono O'odham settlement 
        agreement conflicts with this title, the Tohono O'odham 
        settlement agreement has been revised through an amendment to 
        eliminate those conflicts; and
            ``(B) the Tohono O'odham settlement agreement, as so 
        revised, has been executed by the parties and the Secretary;
            ``(2) the Secretary and other parties to the agreements 
        described in section 309(h)(2) have executed those agreements;
            ``(3) the Secretary has approved the interim allottee water 
        rights code described in section 308(b)(3)(A);
            ``(4) final dismissal with prejudice has been entered in 
        each of the Adams case, the Alvarez case, and the Tucson case, 
        on the sole condition that the Secretary publishes the findings 
        specified in this section;
            ``(5) the judgment and decree attached to the Tohono 
        O'odham settlement agreement as exhibit 19.1 has been approved 
        by the State court having jurisdiction over the Gila River 
        adjudication proceedings;
            ``(6) certain implementation costs have been identified and 
        retained in the Lower Colorado River Basin Development Fund, 
        including--
                    ``(A) $18,300,000 in lieu of construction to 
                implement section 304(f)(2);
                    ``(B) $891,200 to implement a water management plan 
                for the San Xavier Reservation under section 308(d);
                    ``(C) $237,200 to implement a water management plan 
                for the eastern Schuk Toak District under section 
                308(d);
                    ``(D) $4,000,000 to complete the water resources 
                study under section 311(d);
                    ``(E) $215,000 to develop and implement a 
                groundwater monitoring program for the San Xavier 
                Reservation under section 311(c)(1); and
                    ``(F) $175,000 to develop and implement a 
                groundwater monitoring program for the eastern Schuk 
                Toak District under section 311(c)(2);
            ``(7) the State has enacted legislation that--
                    ``(A) qualifies the Nation to earn long-term 
                storage credits under the Asarco agreement; and
                    ``(B) implements the San Xavier groundwater 
                protection program in accordance with paragraph 8 of 
                the Tohono O'odham settlement agreement; and
            ``(8)(A) the State has enacted legislation to enable the 
        State to carry out section 305(c) and 306(b); and
            ``(B) the Secretary and the State have agreed to an 
        acceptable firming schedule referred to in section 105(b)(2)(C) 
        of the Arizona Water Settlements Act.

``SEC. 317. FAILURE TO MAKE FINDINGS.

    ``If the Secretarial statement of findings described in section 316 
is not published by December 31, 2007--
            ``(1) with the exception of section 304(c)--
                    ``(A) section 316 and any Secretarial actions and 
                contracts taken or entered into under this title shall 
                be of no further force and effect; and
                    ``(B) on and after January 1, 2008, the 1982 Act, 
                as in effect on the day before the effective date, 
                shall be of full force and effect;
            ``(2) any funds made available to carry out sections 305(d) 
        and 306(b), unless already expended by the Secretary in 
        carrying out this title, shall immediately revert to the 
        general fund of the Treasury; and
            ``(3) any funds made available by the State under this 
        title, together with any interest on those funds, shall 
        immediately revert to the State.

``SEC. 318. MISCELLANEOUS PROVISIONS.

    ``(a) In General.--Nothing in this title--
            ``(1) establishes the applicability or inapplicability to 
        groundwater of any doctrine of Federal reserved rights;
            ``(2) limits the ability of the Nation to enter into any 
        agreement with the Arizona Water Banking Authority (or a 
        successor agency) in accordance with State law;
            ``(3) prohibits the Nation, any individual member of the 
        Nation, an allottee, or a fee owner of allotted land in the San 
        Xavier Reservation from lawfully acquiring water rights for use 
        in the Tucson management area in addition to the water rights 
        granted or confirmed under this title and the Tohono O'odham 
        settlement agreement;
            ``(4) abrogates any rights or remedies existing under 
        section 1346 or 1491 of title 28, United States Code;
            ``(5) affects the obligations of the parties under the 
        Agreement of December 11, 1980 with respect to the 8,000 acre 
        feet of Central Arizona Project water contracted by the Nation 
        for the Sif Oidak District;
            ``(6)(A) applies to any exempt well;
            ``(B) prohibits or limits the drilling of any exempt well 
        within--
                    ``(i) the San Xavier Reservation; or
                    ``(ii) the eastern Schuk Toak District; or
            ``(C) subjects water from any exempt well to any pumping 
        limitation under this title; or
            ``(7) diminishes or abrogates rights to use water under--
                    ``(A) contracts of the Nation in existence before 
                the enforceability date; or
                    ``(B) the well site agreement referred to in the 
                Asarco Agreement and any well site agreement entered 
                into under the Asarco agreement.
    ``(b) No Effect on Future Allocations.--Water received under a 
lease or exchange of the Central Arizona Project water under this title 
does not affect any future allocation or reallocation of Central 
Arizona Project water by the Secretary.

``SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

    ``Except as otherwise provided in this title, there are authorized 
to be appropriated to the Secretary--
            ``(1) to construct features of 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, 
        an amount equal to the sum of--
                    ``(A) $3,500,000; and
                    ``(B) such additional amount as the Secretary 
                determines to be necessary to adjust the amount under 
                subparagraph (A) to account for ordinary fluctuations 
                in the costs of construction of irrigation features for 
                the period beginning on October 12, 1982, and ending on 
                the date on which the construction of the features 
                described in this paragraph is initiated, as indicated 
                by engineering cost indices applicable to the type of 
                construction involved;
            ``(2) to carry out section 304(f)(2), $18,300,000;
            ``(3) to carry out section 311(d), $4,000,000; and
            ``(4) such sums as are necessary to carry out provisions of 
        this title other than the provisions referred to in paragraphs 
        (1) through (3).''.
                                 <all>