[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Enrolled Bill (ENR)]

        S.437

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
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.
Sec. 3. Arbitration.
Sec. 4. Antideficiency.

               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. 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. Satisfaction 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. New Mexico Unit of the Central Arizona Project.
Sec. 213. Miscellaneous provisions.
Sec. 214. Authorization of appropriations.
Sec. 215. Repeal on failure of enforceability date.

           TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT

Sec. 301. Southern Arizona water rights settlement.
Sec. 302. Southern Arizona water rights settlement effective date.

        TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT

Sec. 401. Effect of titles I, II, and III.
Sec. 402. Annual report. 
Sec. 403. Authorization of appropriations.

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 who 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. 14-0906-09W-
        09245, 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. 1521 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 Community 
    water delivery contract.
        (17) Community repayment contract.--
            (A) In general.--The term ``Community repayment contract'' 
        means Contract No. 6-0907-0903-09W0345 between the United 
        States and the Community dated July 20, 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. 3-0907-0930-09W0284 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 project works.--
            (A) In general.--The term ``CRR project works'' means the 
        portions of the San Carlos Irrigation Project located on the 
        Reservation.
            (B) Inclusion.--The term ``CRR Project 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(c).
        (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) Franklin irrigation district.--The term ``Franklin 
    Irrigation District'' means the entity of that name that is a 
    political subdivision of the State and organized under the laws of 
    the State.
        (25) 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-091 (Salt), W-092 
    (Verde), W-093 (Upper Gila), W-094 (San Pedro) (Consolidated).
        (26) 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 February 4, 2003.
            (B) Inclusions.--The term ``Gila River agreement'' 
        includes--
                (i) all exhibits to that agreement (including the New 
            Mexico Risk Allocation Agreement, which is also an exhibit 
            to the UVD Agreement); and
                (ii) any amendment to that agreement or to an exhibit 
            to that agreement made or added pursuant to that agreement 
            consistent with section 203(a) or as approved by the 
            Secretary.
        (27) Gila valley irrigation district.--The term ``Gila Valley 
    Irrigation District'' means the entity of that name that is a 
    political subdivision of the State and organized under the laws of 
    the State.
        (28) 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.
        (29) 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.
        (30) Including.--The term ``including'' has the same meaning as 
    the term ``including, but not limited to''.
        (31) 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.
        (32) 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.
        (33) 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).
        (34) Master agreement.--The term ``master agreement'' means the 
    agreement entitled ``Arizona Water Settlement Agreement'' among the 
    Director, the Central Arizona Water Conservation District, and the 
    Secretary, dated August 16, 2004.
        (35) NM cap entity.--The term ``NM CAP entity'' means the 
    entity or entities that the State of New Mexico may authorize to 
    assume responsibility for the design, construction, operation, 
    maintenance, and replacement of the New Mexico Unit.
        (36) New mexico consumptive use and forbearance agreement.--
            (A) In general.--The term ``New Mexico Consumptive Use and 
        Forbearance Agreement'' means that agreement entitled the ``New 
        Mexico Consumptive Use and Forbearance Agreement,'' entered 
        into by and among the United States, the Community, the San 
        Carlos Irrigation and Drainage District, and all of the 
        signatories to the UVD Agreement, and approved by the State of 
        New Mexico, and authorized, ratified, and approved by section 
        212(b).
            (B) Inclusions.--The ``New Mexico Consumptive Use and 
        Forbearance Agreement'' includes--
                (i) all exhibits to that agreement (including the New 
            Mexico Risk Allocation agreement, which is also an exhibit 
            to the UVD agreement); and
                (ii) any amendment to that agreement made or added 
            pursuant to that agreement.
        (37) New mexico unit.--The term ``New Mexico Unit'' means that 
    unit or units of the Central Arizona Project authorized by sections 
    301(a)(4) and 304 of the Colorado River Basin Project Act (43 
    U.S.C. 1521(a)(4), 1524) (as amended by section 212).
        (38) New mexico unit agreement.--
            (A) In general.--The term ``New Mexico Unit Agreement'' 
        means that agreement entitled the ``New Mexico Unit 
        Agreement,'' to be entered into by and between the United 
        States and the NM CAP entity upon notice to the Secretary from 
        the State of New Mexico that the State of New Mexico intends to 
        have the New Mexico Unit constructed or developed.
            (B) Inclusions.--The ``New Mexico Unit Agreement'' 
        includes--
                (i) all exhibits to that agreement; and
                (ii) any amendment to that agreement made or added 
            pursuant to that agreement.
        (39) 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 as of the enforceability date.
        (40) Phelps dodge.--The term ``Phelps Dodge'' means the Phelps 
    Dodge Corporation, a New York corporation of that name, and Phelps 
    Dodge's subsidiaries (including Phelps Dodge Morenci, Inc., a 
    Delaware corporation of that name), and Phelps Dodge's successors 
    or assigns.
        (41) Repayment stipulation.--The term ``repayment stipulation'' 
    means the Revised 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 in Central Arizona Water 
    Conservation District v. United States, et al., No. CIV 95-09625-
    09TUC-09WDB(EHC), No. CIV 95-091720-09PHX-09EHC (Consolidated 
    Action), and that court's order dated April 28, 2003, and any 
    amendments or revisions thereto.
        (42) Reservation.--
            (A) In general.--Except as provided in sections 207(d) and 
        210(d), 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.
        (43) 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.
        (44) 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.
        (45) Safford.--The term ``Safford'' means the city of Safford, 
    Arizona.
        (46) 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.
        (47) 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).
        (48) 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.
        (49) 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).
        (50) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (51) Special hot lands.--The term ``special hot lands'' has the 
    meaning given the term in subparagraph 2.34 of the UVD agreement.
        (52) State.--The term ``State'' means the State of Arizona.
        (53) 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.
        (54) 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.
        (55) TBI eligible acres.--The term ``TBI eligible acres'' has 
    the meaning given the term in subparagraph 2.37 of the UVD 
    agreement.
        (56) 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.
        (57) 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.
        (58) 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.
        (59) UV impact zone.--The term ``UV impact zone'' has the 
    meaning given the term in subparagraph 2.47 of the UVD agreement.
        (60) UV subjugated land.--The term ``UV subjugated land'' has 
    the meaning given the term in subparagraph 2.50 of the UVD 
    agreement.
        (61) 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, Phelps Dodge, and other 
    parties located in the upper valley of the Gila River, dated 
    September 2, 2004.
        (62) UV signatories parties.--The term ``UV signatories'' means 
    the parties to the UVD agreement other than the United States, the 
    San Carlos Irrigation and Drainage District, and the Community.
        (63) 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.
        (64) Water right.--The term ``water right'' means any right in 
    or to groundwater, surface water, or effluent under Federal, State, 
    or other law.
        (65) Water rights appurtenant to new mexico 381 acres.--The 
    term ``water rights appurtenant to New Mexico 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.
        (66) Water rights for new mexico domestic purposes.--The term 
    ``water rights for New Mexico 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).
        (67) 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.
        (68) 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.
        (69) 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.

SEC. 3. ARBITRATION.

    (a) No Participation by the United States.--
        (1) In general.--No arbitration decision rendered pursuant to 
    subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila 
    River agreement (including the joint control board agreement 
    attached to exhibit 20.1) shall be considered invalid solely 
    because the United States failed or refused to participate in such 
    arbitration proceedings that resulted in such arbitration decision, 
    so long as the matters in arbitration under subparagraph 12.1 of 
    the UVD agreement or exhibit 20.1 of the Gila River Agreement 
    concern aspects of the water rights of the Community, the San 
    Carlos Irrigation Project, or the Miscellaneous Flow Lands (as 
    defined in subparagraph 2.18A of the UVD agreement) and not the 
    water rights of the United States in its own right, any other 
    rights of the United States, or the water rights or any other 
    rights of the United States acting on behalf of or for the benefit 
    of another tribe.
        (2) Arbitration ineffective.--If an issue otherwise subject to 
    arbitration under subparagraph 12.1 of the UVD agreement or exhibit 
    20.1 of the Gila River Agreement cannot be arbitrated or if an 
    arbitration decision will not be effective because the United 
    States cannot or will not participate in the arbitration, then the 
    issue shall be submitted for decision to a court of competent 
    jurisdiction, but not a court of the Community.
    (b) Participation by the Secretary.--Notwithstanding any provision 
of any agreement, exhibit, attachment, or other document ratified by 
this Act, if the Secretary is required to enter arbitration pursuant to 
this Act or any such document, the Secretary shall follow the 
procedures for arbitration established by chapter 5 of title 5, United 
States Code.

SEC. 4. ANTIDEFICIENCY.

    The United States shall not be liable for failure to carry out any 
obligation or activity required by this Act, including all titles and 
all agreements or exhibits ratified or confirmed by this Act, funded 
by--
        (1) the Lower Basin Development Fund established by section 403 
    of the Colorado River Basin Project Act (43 U.S.C. 1543), if there 
    are not enough monies in that fund to fulfill those obligations or 
    carry out those activities; or
        (2) appropriations, if appropriations are not provided by 
    Congress.

              TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Central Arizona Project Settlement 
Act of 2004''.

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, Arizona Indian Tribes, 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 arizona 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) such water shall be used to resolve Indian water 
            claims in Arizona, and may be allocated by the Secretary to 
            Arizona Indian Tribes in fulfillment of future Arizona 
            Indian water rights settlement agreements approved by an 
            Act of Congress. In the absence of an Arizona Indian water 
            rights settlement that is approved by an Act of Congress 
            after the date of enactment of this Act, the Secretary 
            shall not allocate any such water until December 31, 2030. 
            Any allocations made by the Secretary after such date shall 
            be accompanied by a certification that the Secretary is 
            making the allocation in order to assist in the resolution 
            of an Arizona Indian water right claim. Any such water 
            allocated to an Arizona Indian Tribe pursuant to a water 
            delivery contract with the Secretary under this clause 
            shall be counted on an acre-foot per acre-foot basis 
            against any claim to water for that Tribe's reservation;
                (ii) notwithstanding clause (i), the Secretary shall 
            retain 6,411 acre-feet of water for use for a future water 
            rights settlement agreement approved by an Act of Congress 
            that settles the Navajo Nation's claims to water in 
            Arizona. If Congress does not approve this settlement 
            before December 31, 2030, the 6,411 acre-feet of CAP water 
            shall be available to the Secretary under clause (i); and
                (iii) 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.
            (C) Report.--The Secretary, in consultation with Arizona 
        Indian tribes and the State, shall prepare a report for 
        Congress by December 31, 2016, that assesses whether the 
        potential benefits of subparagraph (A) are being conveyed to 
        Arizona Indian tribes pursuant to water rights settlements 
        enacted subsequent to this Act. For those Arizona Indian tribes 
        that have not yet settled water rights claims, the Secretary 
        shall describe whether any active negotiations are taking 
        place, and identify any critical water needs that exist on the 
        reservation of each such Arizona Indian tribe. The Secretary 
        shall also identify and report on the use of unused quantities 
        of agricultural priority water made available to Arizona Indian 
        tribes under subparagraph (A).
        (2) Reallocation to the arizona department of water 
    resources.--
            (A) In general.--Subject to subparagraph (B) and 
        subparagraph 9.3 of the master agreement, the Secretary shall 
        reallocate up to 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, and in accordance with paragraphs (1) 
        and (2) of subsection (d) and any other 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.--
            (A) In general.--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--
                (i) 650,724 acre-feet shall be--

                    (I) under contract to Arizona Indian tribes; or
                    (II) available to the Secretary for allocation to 
                Arizona Indian tribes; and

                (ii) 764,276 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.

            (B) Exception.--Subparagraph (A) shall not apply to Central 
        Arizona Project water delivered to water users in Arizona in 
        exchange for Gila River water used in New Mexico as provided in 
        section 304 of the Colorado River Basin Project Act (43 U.S.C. 
        1524) (as amended by section 212).
        (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)(i) to a use 
            authorized under paragraph (1)(A)(ii); or
                (ii) a use authorized under paragraph (1)(A)(ii) to a 
            use authorized under paragraph (1)(A)(i).
            (B) Exceptions.--
                (i) Leases.--A lease of Central Arizona Project water 
            by an Arizona Indian tribe to an entity described in 
            paragraph (1)(A)(ii) 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)(A)(ii) shall not be considered to be a 
            transfer for purposes of subparagraph (A).
                (iii) Notwithstanding subparagraph (A), up to 17,000 
            acre-feet of CAP municipal and industrial 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, may be reallocated to 
            the Community on execution of an exchange and lease 
            agreement among the Community, the United States, and 
            Asarco.
    (d) Central Arizona Project Contracts and Subcontracts.--
        (1) In general.--Notwithstanding section 6 of 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 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; or
            (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) Exceptions.--Central Arizona Project water may be--
            (A) leased, exchanged, forborne, or otherwise transferred 
        under an agreement with the Arizona Water Banking Authority 
        that is in accordance with part 414 of title 43, Code of 
        Federal Regulations; and
            (B) delivered to users in Arizona in exchange for Gila 
        River water used in New Mexico as provided in section 304 of 
        the Colorado River Basin Project Act (43 U.S.C. 1524) (as 
        amended by section 212).
        (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 section 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 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.--Except to the extent that any provision of the 
    master agreement conflicts with any provision of this title, the 
    master agreement is authorized, ratified, and confirmed. To the 
    extent that amendments are executed to make the master agreement 
    consistent with this title, such amendments are also authorized, 
    ratified, and confirmed.
        (2) Exhibits.--The Secretary is directed to and shall execute 
    the master agreement and any of the exhibits to the master 
    agreement that have not been executed as of the date of enactment 
    of this Act.
        (3) Debt collection.--For any agricultural priority water that 
    is not relinquished under the master agreement, the subcontractor 
    shall continue to pay, consistent with the master agreement, the 
    portion of the debt associated with any retained water under 
    section 9(d) of the Reclamation Project Act of 1939 (43 U.S.C. 
    485h(d)), and the Secretary shall apply such revenues toward the 
    reimbursable section 9(d) debt of that subcontractor.
        (4) Effective date.--The provisions of subsections (b) and (c) 
    shall take effect on the date of enactment of this Act.
    (b) Nonreimbursable Debt.--
        (1) In general.--In accordance with the master agreement, the 
    portion of debt incurred under section 9(d) of the Reclamation 
    Project Act of 1939 (43 U.S.C. 485h(d)), 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.
        (2) Extension.--In accordance with the master agreement, the 
    Secretary may extend, on an annual basis, the repayment schedule of 
    debt incurred under section 9(d) of the Reclamation Project Act of 
    1939 (43 U.S.C. 485h(d)) by CAP subcontractors.
    (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; or
        (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), 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), and any annual payment by the Central 
    Arizona Water Conservation District to effect repayment of 
    reimbursable Central Arizona Project construction costs, 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 annually the fixed operation, maintenance, and 
        replacement charges associated with the delivery of Central 
        Arizona Project water held under long-term contracts for use by 
        Arizona Indian tribes (as defined in section 2 of the Arizona 
        Water Settlements Act) in accordance with clause 8(d)(i)(1)(i) 
        of the Repayment Stipulation (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 208 of the Arizona Water 
        Settlements Act;
            ``(C) to pay $147,000,000 for the rehabilitation of the San 
        Carlos Irrigation Project, of which not more than $25,000,000 
        shall be available annually consistent with attachment 6.5.1 of 
        exhibit 20.1 of the Gila River agreement, except that the total 
        amount of $147,000,000 shall be increased or decreased, as 
        appropriate, based on ordinary fluctuations since January 1, 
        2000, 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, as reasonably allocated by the 
        Secretary without regard to any trust obligation on the part of 
        the Secretary to allocate the funding under any particular 
        priority and without regard to priority (except that payments 
        required by clause (i) shall be made first)--
                ``(i) to make deposits totaling $66,000,000, adjusted 
            to reflect changes since January 1, 2004, in the 
            construction cost indices applicable to the types of 
            construction involved in construction of the New Mexico 
            Unit, into the New Mexico Unit Fund as provided by section 
            212(i) of the Arizona Water Settlements Act in 10 equal 
            annual payments beginning in 2012;
                ``(ii) upon satisfaction of the conditions set forth in 
            subsections (j) and (k) of section 212, to pay certain of 
            the costs associated with construction of the New Mexico 
            Unit, in addition to any amounts that may be expended from 
            the New Mexico Unit Fund, in a minimum amount of 
            $34,000,000 and a maximum amount of $62,000,000, as 
            provided in section 212 of the Arizona Water Settlements 
            Act, as adjusted to reflect changes since January 1, 2004, 
            in the construction cost indices applicable to the types of 
            construction involved in construction of the New Mexico 
            Unit;
                ``(iii) 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 July 20, 1998;
                    ``(II) section 3707(a)(1) of the San Carlos Apache 
                Tribe Water Rights Settlement Act of 1992 (106 Stat. 
                4747); and
                    ``(III) section 304 of the Southern Arizona Water 
                Rights Settlement Amendments Act of 2004;

                ``(iv) to pay $52,396,000 for the rehabilitation of the 
            San Carlos Irrigation Project as provided in section 
            203(d)(4) of the Arizona Water Settlements Act, of which 
            not more than $9,000,000 shall be available annually, 
            except that the total amount of $52,396,000 shall be 
            increased or decreased, as appropriate, based on ordinary 
            fluctuations since January 1, 2000, in construction cost 
            indices applicable to the types of construction involved in 
            the rehabilitation;
                ``(v) to pay other costs specifically identified 
            under--

                    ``(I) sections 213(g)(1) and 214 of the Arizona 
                Water Settlements Act; and
                    ``(II) the Southern Arizona Water Rights Settlement 
                Amendments Act of 2004;

                ``(vi) to pay a total of not more than $250,000,000 to 
            the credit of the Future Indian Water Settlement Subaccount 
            of the Lower Colorado Basin Development Fund, for use for 
            Indian water rights settlements in Arizona approved by 
            Congress after the date of enactment of this Act, subject 
            to the requirement that, notwithstanding any other 
            provision of this Act, any funds credited to the Future 
            Indian Water Settlement Subaccount that are not used in 
            furtherance of a congressionally approved Indian water 
            rights settlement in Arizona by December 31, 2030, shall be 
            returned to the main Lower Colorado Basin Development Fund 
            for expenditure on authorized uses pursuant to this Act, 
            provided that any interest earned on funds held in the 
            Future Indian Water Settlement Subaccount shall remain in 
            such subaccount until disbursed or returned in accordance 
            with this section;
                ``(vii) to pay costs associated with the installation 
            of gages on the Gila River and its tributaries to measure 
            the water level of the Gila River and its tributaries for 
            purposes of the New Mexico Consumptive Use and Forbearance 
            Agreement in an amount not to exceed $500,000; and
                ``(viii) to pay the Secretary's costs of implementing 
            the Central Arizona Project Settlement Act of 2004;
            ``(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)(iv) of the 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, payments to those 
            tribes shall be made from funds in the Future Indian Water 
            Settlement Subaccount; 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 annually the 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);
            ``(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 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 Reclamation Project Act of 1939 (43 
        U.S.C. 485h(d)), made nonreimbursable under section 106(b) of 
        the Arizona Water Settlements Act;
            ``(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 reimbursable 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.
            ``(B) Permitted investments.--
                ``(i) In general.--Notwithstanding any other provision 
            of law, including any provision requiring the consent or 
            concurrence of any party, the investments referred to in 
            subparagraph (A) shall include 1 or more of the following:

                    ``(I) Any investments referred to in the Act of 
                June 24, 1938 (25 U.S.C. 162a).
                    ``(II) Investments in obligations of government 
                corporations and government-sponsored entities whose 
                charter statutes provide that their obligations are 
                lawful investments for federally managed funds.
                    ``(III) The obligations referred to in section 201 
                of the Social Security Act (42 U.S.C. 401).

                ``(ii) Lawful investments.--For purposes of clause (i), 
            obligations of government corporations and government-
            sponsored entities whose charter statutes provide that 
            their obligations are lawful investments for
            federally managed funds includes any of the following 
            securities or securities with comparable language 
            concerning the investment of federally managed funds:

                    ``(I) Obligations of the United States Postal 
                Service as authorized by section 2005 of title 39, 
                United States Code.
                    ``(II) Bonds and other obligations of the Tennessee 
                Valley Authority as authorized by section 15d of the 
                Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-
                4).
                    ``(III) Mortgages, obligations, or other securities 
                of the Federal Home Loan Mortgage Corporation as 
                authorized by section 303 of the Federal Home Loan 
                Mortgage Corporation Act (12 U.S.C. 1452).
                    ``(IV) Bonds, notes, or debentures of the Commodity 
                Credit Corporation as authorized by section 4 of the 
                Act of March 4, 1939 (15 U.S.C. 713a-4).

            ``(C) 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.
            ``(D) Sale of obligations.--Any obligation acquired by the 
        development fund may be sold by the Secretary of the Treasury 
        at the market price.
            ``(E) 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.
        ``(5) Amounts not available for certain federal obligations.--
    None of the provisions of this section, including paragraphs (2)(A) 
    and (3)(A), shall be construed to make any of the funds referred to 
    in this section available for the fulfillment of any Federal 
    obligation relating to the payment of OM&R charges if such 
    obligation is undertaken pursuant to Public Law 95-328, Public Law 
    98-530, or any settlement agreement with the United States (or 
    amendments thereto) approved by or pursuant to either of those 
    acts.''.
    (b) Limitation.--Amounts made available under the amendment made by 
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 
    later of--
            (A) the date on which the findings described in section 
        207(c) are published in the Federal Register; or
            (B) January 1, 2010.
    (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)''; and
        (2) in section 403(e), by deleting the first word and inserting 
    ``Except as provided in subsection (f), revenues''.

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 rights to use Colorado River water existing on the date 
    of enactment of this Act.

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(c) 
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 18, 2003 (67 Fed. Reg. 36578), 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 2004''.

SEC. 202. PURPOSES.

    The purposes of this title are--
        (1) to resolve permanently certain damage claims and all water 
    rights claims among the United States on behalf of the Community, 
    its members, and allottees, and the Community and its neighbors;
        (2) to authorize, ratify, and confirm the Gila River agreement;
        (3) to authorize and direct the Secretary to execute and 
    perform all obligations of the Secretary under the Gila River 
    agreement;
        (4) 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; and
        (5) to authorize and direct the Secretary to execute the New 
    Mexico Consumptive Use and Forbearance Agreement to allow the 
    Secretary to exercise the rights authorized by subsections (d) and 
    (f) of section 304 of the Colorado River Basin Project Act (43 
    U.S.C. 1524).
    SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER RIGHTS 
      SETTLEMENT AGREEMENT.
    (a) In General.--Except to the extent that any provision of the 
Gila River agreement conflicts with any provision of this title, the 
Gila River agreement is authorized, ratified, and confirmed. To the 
extent amendments are executed to make the Gila River agreement 
consistent with this title, such amendments are also authorized, 
ratified, and confirmed.
    (b) Execution of Agreement.--To the extent that the Gila River 
agreement does not conflict with this title, the Secretary is directed 
to and 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) Environmental compliance.--In implementing the Gila River 
    agreement, the Secretary shall promptly comply with all aspects of 
    the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
    seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
    and all other applicable environmental Acts and regulations.
        (2) Execution of the gila river agreement.--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.). The Secretary is directed to 
    carry out all necessary environmental compliance required by 
    Federal law in implementing the Gila River agreement.
        (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 addition to any obligations of the 
    Secretary with respect to the San Carlos Irrigation Project, 
    including any operation or maintenance responsibility existing on 
    the date of enactment of this Act, the Secretary shall--
            (A) in accordance with exhibit 20.1 to the Gila River 
        agreement, provide for the rehabilitation of the San Carlos 
        Irrigation Project water diversion and delivery works with the 
        funds provided for under section 403(f)(2) of the Colorado 
        River Basin Project Act; and
            (B) provide electric power for San Carlos Irrigation 
        Project wells and irrigation pumps at the Secretary's direct 
        cost of transmission, distribution, and administration, using 
        the least expensive source of power available.
        (2) Joint control board agreement.--
            (A) In general.--Except to the extent that it is in 
        conflict with this title, the Secretary shall execute the joint 
        control board agreement described in exhibit 20.1 to the Gila 
        River agreement, including all exhibits to the joint control 
        board agreement requiring the signature of the Secretary and 
        any amendments necessary to the joint control board agreement 
        consistent with this title.
            (B) Controls.--The joint control board agreement shall 
        contain the following provisions, among others:
                (i) The Secretary, acting through the Bureau of Indian 
            Affairs, shall continue to be responsible for the operation 
            and maintenance of Picacho Dam and Coolidge Dam and 
            Reservoir, and for scheduling and delivering water to the 
            Community and the District through the San Carlos 
            Irrigation Project joint works.
                (ii) The actions and decisions of the joint control 
            board that pertain to construction and maintenance of those 
            San Carlos Irrigation Project joint works that are the 
            subject of the joint control board agreement shall be 
            subject to the approval of the Secretary, acting through 
            the Bureau of Indian Affairs within 30 days thereof, or 
            sooner in emergency situations, which approval shall not be 
            unreasonably withheld. Should a required decision of the 
            Bureau of Indian Affairs not be received by the joint 
            control board within 60 days following an action or 
            decision of the joint control board, the joint control 
            board action or decision shall be deemed to have been 
            approved by the Secretary.
        (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)(iv) 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.--Prior to the advance 
        of any funds made available to the San Carlos Irrigation and 
        Drainage District pursuant to the provisions of this Act, 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--

                    (I) the San Carlos Irrigation and Drainage 
                District--

                        (aa) may use locally accepted engineering 
                    standards and the labor and contracting authorities 
                    that are available to the District under State law; 
                    and
                        (bb) shall be subject to the value engineering 
                    program of the Bureau of Reclamation established 
                    pursuant to OMB Circular A-131; and

                    (II) in accordance with FAR Part 48.101(b), the 
                incentive returned to the contractor through this 
                ``Incentive Clause'' shall be 55 percent after the 
                Contractor is reimbursed for the allowable costs of 
                developing and implementing the proposal and the 
                Government shall retain 45 percent of such savings in 
                the form of reduced expenditures;

                (ii) up to 18,000 acre-feet annually of conserved water 
            will be made available by the San Carlos Irrigation and 
            Drainage District to the United States pursuant to the 
            terms of exhibit 20.1 to the Gila River agreement; and
                (iii) 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) Financial responsibility.--Except as expressly provided by 
    this section, nothing in this Act shall affect--
            (A) any responsibility of the Secretary under the 
        provisions of the Act of June 7, 1924 (commonly known as the 
        ``San Carlos Irrigation Project Act of 1924'') (43 Stat. 475); 
        or
            (B) any other financial responsibility of the Secretary 
        relating to operation and maintenance of the San Carlos 
        Irrigation Project existing on the date of enactment of this 
        Act.

SEC. 204. WATER RIGHTS.

    (a) Rights Held in Trust; Allottees.--
        (1) Intent of congress.--It is the intent of Congress to 
    provide allottees with benefits that are equal to or that exceed 
    the benefits that the allottees currently possess, taking into 
    account--
            (A) the potential risks, cost, and time delay associated 
        with the litigation that will be resolved by the Gila River 
        agreement;
            (B) the availability of funding under title I for the 
        rehabilitation of the San Carlos Irrigation Project and for 
        other benefits;
            (C) the availability of water from the CAP system and other 
        sources after the enforceability date, which will supplement 
        less secure existing water supplies; and
            (D) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), and this title to protect the 
        interests of allottees.
        (2) Holding in trust.--The water rights and resources described 
    in the Gila River agreement shall be held in trust by the United 
    States on behalf of the Community and the allottees as described in 
    this section.
        (3) Allotted land.--As specified in and provided for under this 
    Act--
            (A) agricultural allottees, other than allottees with 
        rights under the Globe Equity Decree, shall be entitled to a 
        just and equitable allocation of water from the Community for 
        irrigation purposes from the water resources described in the 
        Gila River agreement;
            (B) allotted land with rights under the Globe Equity Decree 
        shall be entitled to receive--
                (i) a similar quantity of water from the Community to 
            the quantity historically delivered under the Globe Equity 
            Decree; and
                (ii) the benefit of the rehabilitation of the San 
            Carlos Irrigation Project as provided in this Act, a more 
            secure source of water, and other benefits under this Act;
            (C) the water rights and resources and other benefits 
        provided by this Act are a complete substitution of any rights 
        that may have been held by, or any claims that may have been 
        asserted by, the allottees before the date of enactment of this 
        Act for land within the exterior boundaries of the Reservation;
            (D) any entitlement to water of allottees for land located 
        within the exterior boundaries of the Reservation shall be 
        satisfied by the Community using the water resources described 
        in subparagraph 4.1 in the Gila River agreement;
            (E) before asserting any claim against the United States 
        under section 1491(a) of title 28, United States Code, or under 
        section 7 of the Act of February 8, 1887 (25 U.S.C. 381), an 
        allottee shall first exhaust remedies available to the allottee 
        under the Community's water code and Community law; and
            (F) following exhaustion of remedies on claims relating to 
        section 7 of the Act of February 8, 1887 (25 U.S.C. 381), a 
        claimant may petition the Secretary for relief.
        (4) Actions, claims, and lawsuits.--
            (A) In general.--Nothing in this Act authorizes any action, 
        claim, or lawsuit by an allottee against any person, entity, 
        corporation, or municipal corporation, under Federal, State, or 
        other law.
            (B) The community and the united states.--Except as 
        provided in subparagraphs (E) and (F) of paragraph (3) and 
        subsection (e)(2)(C), nothing in this Act either authorizes any 
        action, claim, or lawsuit by an allottee against the Community 
        under Federal, State, or other law, or alters available actions 
        pursuant to section 1491(a) of title 28, of the United States 
        Code, or section 381 of title 25, of the United States Code.
    (b) Reallocation.--
        (1) In general.--In accordance with this title and the Gila 
    River agreement, the Secretary shall reallocate and contract with 
    the Community for the delivery in accordance with this section of--
            (A) 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;
            (B) 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. 3-0907-0930-09W0290 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);
            (C) on execution of an exchange and lease agreement among 
        the Community, the United States, and Asarco, an annual 
        entitlement of up 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; and
            (D) 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.
        (2) Sole authority.--In accordance with this section, the 
    Community shall have the sole authority, subject to the Secretary's 
    approval pursuant to section 205(a)(2), to lease, distribute, 
    exchange, or allocate the CAP water described in this subsection, 
    except that this paragraph shall not impair the right of an 
    allottee to lease land of the allottee together with the water 
    rights appurtenant to the land. Nothing in this paragraph shall 
    affect the validity of any lease or exchange ratified in section 
    205(c) or 205(d).
    (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 water described in subsection (b), 
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 and allottees 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.--
            (A) In general.--Not later than 18 months after the 
        enforceability date, the Community shall enact a water code, 
        subject to any applicable provision of law (including 
        subsection (a)(3)), that--
                (i) manages, regulates, and controls the water 
            resources on the Reservation;
                (ii) governs all of the water rights that are held in 
            trust by the United States; and
                (iii) provides that, subject to approval of the 
            Secretary--

                    (I) the Community shall manage, regulate, and 
                control the water resources described in the Gila River 
                agreement and allocate water to all water users on the 
                Reservation pursuant to the water code;
                    (II) the Community shall establish conditions, 
                limitations, and permit requirements relating to the 
                storage, recovery, and use of the water resources 
                described in the Gila River agreement;
                    (III) any allocation of water shall be from the 
                pooled water resources described in the Gila River 
                agreement;
                    (IV) charges for delivery of water for irrigation 
                purposes to water users on the Reservation (including 
                water users on allotted land) shall be assessed on a 
                just and equitable basis without regard to the status 
                of the Reservation land on which the water is used;
                    (V) there is a process by which any user of or 
                applicant to use water for irrigation purposes 
                (including water users on allotted land) may request 
                that the Community provide water for irrigation use in 
                accordance with this title;
                    (VI) there is a due process system for the 
                consideration and determination by the Community of any 
                request by any water user on the Reservation (including 
                water users on allotted land), for an allocation of 
                water, including a process for appeal and adjudication 
                of denied or disputed distributions of water and for 
                resolution of contested administrative decisions; and
                    (VII) there is a requirement that any allottee with 
                a claim relating to the enforcement of rights of the 
                allottee under the water code or relating to the amount 
                of water allocated to land of the allottee must first 
                exhaust remedies available to the allottee under 
                Community law and the water code before initiating an 
                action against the United States or petitioning the 
                Secretary pursuant to subsection (a)(3)(F).

            (B) Approval.--Any provision of the water code and any 
        amendments to the water code that affect the rights of the 
        allottees shall be subject to the approval of the Secretary, 
        and no such provision or amendment shall be valid until 
        approved by the Secretary.
            (C) Inclusion of requirement in water code.--The Community 
        is authorized to and shall include in the water code the 
        requirement in subparagraph (A)(VII) that any allottee with a 
        claim relating to the enforcement of rights of the allottee 
        under the water code or relating to the amount of water 
        allocated to land of the allottee must first exhaust remedies 
        available to the allottee under Community law and the water 
        code before initiating an action against the United States.
        (3) Administration.--The Secretary shall administer all rights 
    to water granted or confirmed to the Community and allottees by the 
    Gila River agreement and this Act until such date as the water code 
    described in paragraph (2) has been enacted and approved by the 
    Secretary, at which time the Community shall have authority, 
    subject to the Secretary's authority under section 7 of the Act of 
    February 8, 1887 (25 U.S.C. 381), to manage, regulate, and control 
    the water resources described in the Gila River agreement, subject 
    to paragraph (2), except that this paragraph shall not impair the 
    right of an allottee to lease land of the allottee together with 
    the water rights appurtenant to the land.
    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 (as that term is used in 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, 
    including approval as to the Secretary's authority under section 7 
    of the Act of February 8, 1887 (25 U.S.C. 381)--
            (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--
            (i) any funds received by the Community as consideration 
        under any such leases or options to lease and exchanges or 
        options to exchange; or
            (ii) the expenditure of such funds;
        (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 allocable to the Community--
            (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.--To the 
extent it is not in conflict with the provisions of this Act, 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 is directed to and shall execute the 
contract. To the extent amendments are executed to make the Amended and 
Restated Community CAP Water Delivery Contract consistent with this 
title, such amendments are also authorized, ratified, and confirmed.
    (c) Leases.--To the extent they are not in conflict with the 
provisions of this Act, the leases of Community CAP water by the 
Community to Phelps Dodge, and any of the Cities, attached as exhibits 
to the Gila River agreement, are authorized, ratified, and confirmed, 
and the Secretary is directed to and shall execute the leases. To the 
extent amendments are executed to make such leases consistent with this 
title, such amendments are also authorized, ratified, and confirmed.
    (d) Reclaimed Water Exchange Agreement.--To the extent it is not in 
conflict with the provisions of this Act, 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. To the extent amendments are 
executed to make the Reclaimed Water Exchange Agreement consistent with 
this title, such amendments are also authorized, ratified, and 
confirmed.
    (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 in 
    any way 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. SATISFACTION 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 land within the exterior boundaries 
of the Reservation, off-Reservation trust land, and fee land.
    (b) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in section 204(a), 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.--
            (A) Claims for water rights and injury to water rights by 
        the community and the united states on behalf of the 
        community.--Except as provided in subparagraph 25.12 of 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, on behalf of the Community 
        and Community members (but not members in their capacities as 
        allottees), as part of the performance of their 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 exterior boundaries of 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 
            arising from time immemorial and, thereafter, forever, that 
            are based on aboriginal occupancy of land by the Community 
            and Community members, or their predecessors;
                (ii)(I) past and present claims for injury to water 
            rights for land within the exterior boundaries of the 
            Reservation, off-Reservation trust land, and fee land 
            arising from time immemorial through the enforceability 
            date;
                (II) past, present, and future claims for injury to 
            water rights arising from time immemorial and, thereafter, 
            forever, that are based on aboriginal occupancy of land by 
            the Community and Community members, or their predecessors; 
            and
                (III) claims for injury to water rights arising after 
            the enforceability date for land within the exterior 
            boundaries of the Reservation, off-Reservation trust land, 
            and fee land 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) 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
                (iv)(I) past and present claims for subsidence damage 
            occurring to land within the exterior boundaries of the 
            Reservation, off-Reservation trust land, or fee land 
            arising from time immemorial through the enforceability 
            date; and
                (II) claims for subsidence damage arising after the 
            enforceability date occurring to land within the exterior 
            boundaries of 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) Claims for water rights and injury to water rights by 
        the united states as trustee for the allottees.--Except as 
        provided in subparagraph 25.12 of the Gila River agreement, the 
        United States, as trustee for the allottees, as part of the 
        performance of its obligations under the Gila River agreement, 
        is 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 exterior boundaries of the 
            Reservation arising from time immemorial and, thereafter, 
            forever; and
                (II) past, present, and future claims for water rights 
            arising from time immemorial and, thereafter, forever, that 
            are based on aboriginal occupancy of land by allottees, or 
            their predecessors;
                (ii)(I) past and present claims for injury to water 
            rights for land within the exterior boundaries of the 
            Reservation arising from time immemorial through the 
            enforceability date;
                (II) past, present, and future claims for injury to 
            water rights arising from time immemorial and, thereafter, 
            forever, that are based on aboriginal occupancy of land by 
            allottees or their predecessors; and
                (III) claims for injury to water rights arising after 
            the enforceability date for land within the exterior 
            boundaries of 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) 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
                (iv) past and present claims for subsidence damage 
            occurring to land within the exterior boundaries of the 
            Reservation arising from time immemorial through the 
            enforceability date.
            (C) Claims for injury to water quality by the community.--
        Except as provided in subparagraph 25.12 of 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 its obligations under 
        the Gila River agreement, is authorized to execute a waiver and 
        release of any claims, and to agree to waive its right to 
        request the United States to bring 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) past and present claims for injury to water quality 
            (other than claims arising out of the actions that resulted 
            in the remediations described in exhibit 25.4.1.1 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 the 
            Arizona Water Quality Assurance Revolving Fund (Ariz. Rev. 
            Stat. 49-281 et seq. as amended) arising from time 
            immemorial through December 31, 2002, for land within the 
            exterior boundaries of the Reservation, off-Reservation 
            trust land, and fee land;
                (ii) past, present, and future claims for injury to 
            water quality (other than claims arising out of actions 
            that resulted in the remediations described in exhibit 
            25.4.1.1 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 the 
            Arizona Water Quality Assurance Revolving Fund (Ariz. Rev. 
            Stat. 49-281 et seq.), arising from time immemorial and, 
            thereafter, forever, that are based on aboriginal occupancy 
            of land by the Community and Community members, or their 
            predecessors;
                (iii) claims for injury to water quality (other than 
            claims arising out of actions that resulted in the 
            remediations described in exhibit 25.4.1.1 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 the Arizona Water Quality Assurance Revolving 
            Fund (Ariz. Rev. Stat. 49-9281 et seq.), that result from--

                    (I) the delivery of water to the Community;
                    (II) the off-Reservation diversion (other than 
                pumping), or ownership or operation of structures for 
                the off-Reservation diversion (other than pumping), of 
                water;
                    (III) 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;
                    (IV) the recharge, or ownership or operation of 
                structures for the recharge, of water under a State 
                permit; and
                    (V) the off-Reservation application of water to 
                land for irrigation,

            except that the waiver provided in this clause 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 
            clause.
            (D) Past and present claims for injury to water quality by 
        the united states.--Except as provided in subparagraph 25.12 of 
        the Gila River agreement and except for any claims arising out 
        of the actions that resulted in the remediations described in 
        exhibit 25.4.1.1 to the Gila River agreement, the United 
        States, acting as trustee for the Community, Community members 
        and allottees, and as part of the performance of its 
        obligations under the Gila River agreement, to the extent 
        consistent with this section, is authorized to execute a waiver 
        and release of any claims arising from time immemorial through 
        December 31, 2002, for injury to water quality where all of the 
        following conditions are met:
                (i) The claims are brought solely on behalf of the 
            Community, members, or allottees.
                (ii) The claims are brought against the State (or any 
            agency or political subdivision of the State) or any 
            person, entity, corporation, or municipal corporation.
                (iii) The claims arise under Federal, State, or other 
            law, including claims, if any, for trespass, nuisance, and 
            real property damage, and claims, if any, under any current 
            or future Federal, State, or other environmental laws or 
            regulation, including under the Comprehensive Environmental 
            Response, Compensation, and Liability Act of 1980 (42 
            U.S.C. 9601 et seq.) or the Arizona Water Quality Assurance 
            Revolving Fund (Ariz. Rev. Stat. 49-281 et seq.).
                (iv) The claimed injury is to land, water, or natural 
            resources located on trust land within the exterior 
            boundaries of the Reservation or on off-Reservation trust 
            land.
            (E) Future claims for injury to water quality by the united 
        states.--Except as provided in subparagraph 25.12 of the Gila 
        River agreement and except for any claims arising out of the 
        actions that resulted in the remediations described in exhibit 
        25.4.1.1 to the Gila River agreement, the United States, in its 
        own right and as trustee for the Community, its members and 
        allottees, as part of the performance of its obligations under 
        the Gila River agreement, to the extent consistent with this 
        section, is authorized to execute a waiver and release of the 
        following claims for injury or threat of injury to water 
        quality arising after December 31, 2002, 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:
                (i) All common law claims for injury or threat of 
            injury to water quality where the injury or threat of 
            injury asserted is to the Community's, Community members' 
            or allottees' interests in trust land, water, or natural 
            resources located within the exterior boundaries of the 
            Reservation or within off-Reservation trust lands caused 
            by--

                    (I) the delivery of water to the Community;
                    (II) the off-Reservation diversion (other than 
                pumping), or ownership or operation of structures for 
                the off-Reservation diversion (other than pumping), of 
                water;
                    (III) 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;
                    (IV) the recharge, or ownership or operation of 
                structures for the recharge, of water under a State 
                permit; and
                    (V) the off-Reservation application of water to 
                land for irrigation.

                (ii) All natural resource damage claims for injury or 
            threat of injury to water quality where the United States, 
            through the Secretary of the Interior or other designated 
            officials, would act on behalf of the Community, its 
            members or allottees as a natural resource trustee pursuant 
            to the National Contingency Plan, (as currently set forth 
            in section 300.600(b)(2) of title 40, Code of Federal 
            Regulations, or as it may hereafter be amended), and where 
            the claim is based on injury to natural resources or threat 
            of injury to natural resources within the exterior 
            boundaries of the Reservation or off-Reservation trust 
            lands, caused by--

                    (I) the delivery of water to the Community;
                    (II) the off-Reservation diversion (other than 
                pumping), or ownership or operation of structures for 
                the off-Reservation diversion (other than pumping), of 
                water;
                    (III) 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;
                    (IV) the recharge, or ownership or operation of 
                structures for the recharge, of water under a State 
                permit; and
                    (V) the off-Reservation application of water to 
                land for irrigation.

            (F) Claims by the community against the salt river 
        project.--
                (i) In general.--Except as provided in subparagraph 
            25.12 of the Gila River agreement, to the extent consistent 
            with this section, the Community, on behalf of the 
            Community and Community members (but not members in their 
            capacities as allottees), as part of the performance of its 
            obligations under the Gila River agreement, is authorized 
            to execute a waiver and release of claims against the Salt 
            River Project (or its successors or assigns or its 
            officers, governors, directors, employees, agents, or 
            shareholders), where all of the following conditions are 
            met:

                    (I) The claims are brought solely on behalf of the 
                Community or its, members.
                    (II) The claims arise 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 trust land 
                located within the exterior boundaries of the 
                Reservation.
                    (III) The claims arise from time immemorial through 
                the enforceability date.
                    (IV) The claims assert a past or present injury to 
                water rights, injury on the Reservation to water 
                quality, or injury to trust property located within the 
                exterior boundaries of the Reservation.

                (ii) Effect of waiver.--The waiver provided for in this 
            subparagraph is effective as of December 31, 2002, and 
            shall continue to preclude claims as they may arise until 
            the enforceability date, or until such time as the Salt 
            River Project alters its historical operations of the 
            drains, canals, or other facilities within the Salt River 
            Reservoir District in a manner that would cause significant 
            harm to trust lands within the exterior boundaries of the 
            Reservation, whichever occurs earlier.
            (G) Claims by the united states against the salt river 
        project.--
                (i) In general.--Except as provided in subparagraph 
            25.12 of the Gila River agreement, to the extent consistent 
            with this section, the United States, acting as trustee for 
            the Community, Community members and allottees, and as part 
            of the performance of its obligations under the Gila River 
            agreement, is authorized to execute a waiver and release of 
            claims against the Salt River Project (or its successors or 
            assigns or its officers, governors, directors, employees, 
            agents, or shareholders), where all of the following 
            conditions are met:

                    (I) The claims are brought solely on behalf of the 
                Community, members, or allottees.
                    (II) The claims arise 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 trust land 
                located within the exterior boundaries of the 
                Reservation.
                    (III) The claims arise from time immemorial through 
                the enforceability date.
                    (IV) The claims assert a past or present injury to 
                water rights, injury on the Reservation to water 
                quality, or injury to trust property located within the 
                exterior boundaries of the Reservation.

                (ii) Effect of waiver.--The waiver provided for in this 
            subsection is effective as of December 31, 2002, and shall 
            continue to preclude claims as they may arise until the 
            enforceability date, or until such time as the Salt River 
            Project alters its historical operations of the drains, 
            canals, or other facilities within the Salt River Reservoir 
            District in a manner that would cause significant harm to 
            trust lands within the exterior boundaries of the 
            Reservation, whichever occurs earlier.
            (H) United states enforcement authority.--Except as 
        provided in subparagraphs (D), (E), and (G), nothing in this 
        Act or the Gila River agreement affects any right of the United 
        States, or the State, to take any action, including 
        environmental actions, under any laws (including regulations 
        and the common law) relating to human health, safety, or the 
        environment.
        (2) Claims for subsidence by the community, allottees, and the 
    united states on behalf of the community and allottees.--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 community.--
            (A) In general.--Except as provided in subparagraph 25.12 
        of the Gila River agreement, to the extent consistent with this 
        Act, 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--
                (i) past and present claims for subsidence damage to 
            trust land within the exterior boundaries of the 
            Reservation, off-Reservation trust lands, and fee land 
            arising from time immemorial through the enforceability 
            date; and
                (ii) 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.
        (4) Claims against the united states.--
            (A) In general.--Except as provided in subparagraph 25.12 
        of 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--
                (i)(I) past, present, and future claims for water 
            rights for land within the exterior boundaries of 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 
            arising from time immemorial and, thereafter, forever, that 
            are based on aboriginal occupancy of land by the Community 
            and Community members, or their predecessors;
                (ii)(I) past and present claims for injury to water 
            rights for land within the exterior boundaries of the 
            Reservation, off-Reservation trust land, and fee land 
            arising from time immemorial through the enforceability 
            date;
                (II) past, present, and future claims for injury to 
            water rights arising from time immemorial and, thereafter, 
            forever, that are based on aboriginal occupancy of land by 
            the Community and Community members, or their predecessors; 
            and
                (III) claims for injury to water rights arising after 
            the enforceability date for land within the exterior 
            boundaries of 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;
                (iii) 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;
                (iv)(I) past and present claims for subsidence damage 
            occurring to land within the exterior boundaries of the 
            Reservation, off-Reservation trust land, or fee land 
            arising from time immemorial through the enforceability 
            date; and
                (II) claims for subsidence damage arising after the 
            enforceability date occurring to land within the exterior 
            boundaries of 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;
                (v) 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; and
                (vi) past, present, and future claims relating to 
            failure to assert any claims expressly waived pursuant to 
            section 207(a)(1) (C) through (E).
            (B) Exhaustion of remedies.--To the extent that members in 
        their capacity as allottees assert that this title impairs or 
        alters their present or future claims to water or constitutes 
        an injury to present or future water rights, the members shall 
        be required to exhaust their remedies pursuant to the tribal 
        water code prior to asserting claims against the United States.
        (5) 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), are authorized, as part of the 
        performance of obligations under the UVD agreement, to execute 
        a waiver and release of the following claims against the UV 
        signatories and the UV Non-signatories (and the predecessors in 
        interest of each) for--
                (i)(I) past, present, and future claims for water 
            rights for land within the exterior boundaries of the 
            Reservation and the San Carlos Irrigation Project arising 
            from time immemorial and, thereafter, forever; and
                (II) past, present, and future claims for water rights 
            arising from time immemorial and, thereafter, forever, that 
            are based on aboriginal occupancy of land by the Community, 
            Community members, or predecessors of the Community or 
            Community members;
                (ii)(I) past, present, and future claims for injuries 
            to water rights for land within the exterior boundaries of 
            the Reservation or the San Carlos Irrigation Project 
            arising from time immemorial and, thereafter, forever;
                (II) past, present, and future claims for injury to 
            water rights arising from time immemorial and, thereafter, 
            forever, that are based on aboriginal occupancy of land by 
            the Community, Community members, or predecessors of 
            Community members, for so long as and to the extent that 
            any individual beneficiary of such waiver is acting in a 
            manner that is consistent with and not in violation of or 
            contrary to the terms, conditions, requirements, 
            limitations, or other provisions of the UVD agreement;
                (III) claims for injury to water rights arising after 
            the enforceability date for land within the exterior 
            boundaries of the Reservation and the San Carlos Irrigation 
            Project, resulting from the diversion, pumping, or use of 
            water in a manner that is consistent with and not in 
            violation of or contrary to the terms, conditions, 
            limitations, requirements, or provisions of the UVD 
            agreement; and
                (IV) claims for injury to water rights arising after 
            the enforceability date for water rights transferred to the 
            Project pursuant to section 211 resulting from the 
            diversion, pumping or use of water in a manner that is 
            consistent with and 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 for injuries 
            to water rights arising out of or relating to the use of 
            water rights appurtenant to New Mexico 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 New Mexico 
            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) By the united states on behalf of allottees.--Except as 
        provided in the UVD agreement, to the extent consistent with 
        this section, 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 of the following 
        claims under Federal, State, or other law against the UV 
        signatories and the UV Non-signatories (and the predecessors in 
        interest of each) for--
                (i)(I) past, present, and future claims for water 
            rights for land within the exterior boundaries of the 
            Reservation arising from time immemorial, and thereafter, 
            forever; and
                (II) past, present, and future claims for water rights 
            arising from time immemorial and, thereafter, forever, that 
            are based on aboriginal occupancy of lands by allottees or 
            their predecessors;
                (ii)(I) past and present claims for injury to water 
            rights for lands within the exterior boundaries of the 
            Reservation arising from time immemorial, through the 
            enforceability date, for so long as and to the extent that 
            any individual beneficiary of such waiver is acting in a 
            manner that is consistent with and not in violation of or 
            contrary to the terms, conditions, requirements, 
            limitations, or other provisions of the UVD agreement;
                (II) past, present, and future claims for injury to 
            water rights arising from time immemorial and, thereafter, 
            forever, that are based on aboriginal occupancy of lands by 
            allottees or their predecessors, for so long as and to the 
            extent that any individual beneficiary of such waiver is 
            acting in a manner that is consistent with and not in 
            violation of or contrary to the terms, conditions, 
            requirements, limitations, or other provisions of the UVD 
            agreement; and
                (III) claims for injury to water rights for land within 
            the exterior boundaries of the Reservation arising after 
            the enforceability date resulting from the diversion, 
            pumping, or use of water in a manner that is consistent 
            with and 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 for injuries 
            to water rights arising out of or relating to the use of 
            water rights appurtenant to New Mexico 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), as 
            supplemented, 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 New Mexico 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), as supplemented, 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.
            (C) Additional waiver of certain claims by the united 
        states.--Except as provided in the UVD Agreement, the United 
        States (to the extent the waiver and release authorized by this 
        subparagraph is not duplicative of the waiver and release 
        provided in subparagraph (B) and to the extent the United 
        States holds legal title to (but not the beneficial interest 
        in) the water rights as described in article V or VI of the 
        Globe Equity Decree (but not on behalf of the San Carlos Apache 
        Tribe pursuant to article VI(2) of the Globe Equity Decree) on 
        behalf of lands within the San Carlos Irrigation and Drainage 
        District and the Miscellaneous Flow Lands) shall execute a 
        waiver and release of the following claims under Federal, State 
        or other law against the UV signatories and the UV Non-
        signatories (and the predecessors of each) for--
                (i) past, present, and future claims for water rights 
            for land within the San Carlos Irrigation and Drainage 
            District and the Miscellaneous Flow Lands arising from time 
            immemorial, and thereafter, forever;
                (ii)(I) past and present claims for injury to water 
            rights for land within the San Carlos Irrigation and 
            Drainage District and the Miscellaneous Flow Lands arising 
            from time immemorial through the enforceability date, for 
            so long as and to the extent that any individual 
            beneficiary of such waiver is acting in a manner that is 
            consistent with and not in violation of or contrary to the 
            terms, conditions, requirements, limitations, or other 
            provisions of the UVD agreement;
                (II) claims for injury to water rights arising after 
            the enforceability date for land within the San Carlos 
            Irrigation and Drainage District and the Miscellaneous Flow 
            Lands resulting from the diversion, pumping, or use of 
            water in a manner that is consistent with and 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 for injuries 
            to water rights arising out of or relating to the use of 
            water rights appurtenant to New Mexico 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), as 
            supplemented, 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 New Mexico 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), as supplemented, 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.
        (6) Tribal water quality standards.--The Community, on behalf 
    of the Community and Community members, as part of the performance 
    of its obligations under the Gila River agreement, is authorized to 
    agree never to adopt any water quality standards, or ask the United 
    States to promulgate such standards, that are more stringent than 
    water quality standards adopted by the State if the Community's 
    adoption of such standards could result in the imposition by the 
    State or the United States of more stringent water quality 
    limitations or requirements than those that would otherwise be 
    imposed by the State or the United States on--
            (A) any water delivery system used to deliver water to the 
        Community; or
            (B) the discharge of water into any such system.
    (b) Effectiveness of Waiver and Releases.--
        (1) In general.--The waivers under paragraphs (1) and (3) 
    through (5) of subsection (a) shall become effective on the 
    enforceability date.
        (2) Claims for subsidence damage.--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) 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 
        any amount 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 25.18A (Gila River adjudication 
        proceedings) and 25.18B (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 and B, 25.17.2, and 25.17.3A and 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 95-1720PHX-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.
    (d) All Land Within Exterior Boundaries of the Reservation.--
Notwithstanding section 2(42), for purposes of this section, section 
206, and section 210(d)--
        (1) the term ``land within the exterior boundaries of the 
    Reservation'' includes--
            (A) land within the Reservation created pursuant to the Act 
        of February 28, 1859, and modified by the executive orders of 
        August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, 
        July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 
        1915; and
            (B) land located in sections 16 and 36, T. 4 S., R. 4 E., 
        Salt and Gila River Baseline and Meridian; and
        (2) the term ``off-Reservation'' refers to land located outside 
    the exterior boundaries of the Reservation (as defined in paragraph 
    (1)).
    (e) No Rights to Water.--Upon the occurrence of the enforceability 
date--
        (1) all land held by the United States in trust for the 
    Community, Community members, and allottees and all land held by 
    the Community within the exterior boundaries of the Reservation 
    shall have no rights to water other than those specifically granted 
    to the Community and the United States for the Reservation pursuant 
    to paragraph 4.0 of the Gila River agreement; and
        (2) all water usage on land within the exterior boundaries of 
    the Reservation, including the land located in sections 16 and 36, 
    T. 4 S., R. 4 E., Salt and Gila River Baseline and Meridian, upon 
    acquisition by the Community or the United States on behalf of the 
    Community, shall be taken into account in determining compliance by 
    the Community and the United States with the limitations on total 
    diversions specified in subparagraph 4.2 of the Gila River 
    agreement.
    SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST FUND.
    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Gila River Indian Community 
Water OM&R Fund'', to be managed and invested by the Secretary, 
consisting of $53,000,000, the amount made available for this purpose 
under paragraph (2)(B) of section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)) (as amended by section 107(a)).
    (b) Management.--The Secretary shall manage the Water OM&R Fund, 
make investments from the Fund, and make monies available from the Fund 
for distribution to the Community consistent with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
hereafter referred to in this section as the ``Trust Fund Reform Act''.
    (c) Investment of the Fund.--The Secretary shall invest amounts in 
the Fund in accordance with--
        (1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 
    U.S.C. 161);
        (2) the first section of the Act of June 24, 1938 (52 Stat. 
    1037, chapter 648; 25 U.S.C. 162a); and
        (3) subsection (b).
    (d) Expenditures and Withdrawals.--
        (1) Tribal management plan.--
            (A) In general.--The Community may withdraw all or part of 
        the Water OM&R Fund on approval by the Secretary of a tribal 
        management plan as described in the Trust Fund Reform Act.
            (B) Requirements.--In addition to the requirements under 
        the Trust Fund Reform Act, the tribal management plan shall 
        require that the Community only spend any funds, as provided in 
        the Gila River agreement, to assist in paying operation, 
        maintenance, and replacement costs associated with the delivery 
        of CAP water for Community purposes.
        (2) Enforcement.--The Secretary may take judicial or 
    administrative action to enforce the provisions of any tribal 
    management plan to ensure that the monies withdrawn from the Water 
    OM&R Fund are used in accordance with this Act.
        (3) Liability.--If the Community exercises the right to 
    withdraw monies from the Water OM&R Fund, neither the Secretary nor 
    the Secretary of the Treasury shall retain any liability for the 
    expenditure or investment of the monies withdrawn.
        (4) Expenditure plan.--
            (A) In general.--The Community shall submit to the 
        Secretary for approval an expenditure plan for any portion of 
        the funds made available under this section that the Community 
        does not withdraw under this subsection.
            (B) Description.--The expenditure plan shall describe the 
        manner in which, and the purposes for which, funds of the 
        Community remaining in the Water OM&R Fund will be used.
            (C) Approval.--On receipt of an expenditure plan under 
        subparagraph (A), the Secretary shall approve the plan if the 
        Secretary determines that the plan is reasonable and consistent 
        with this Act.
        (5) Annual report.--The Community shall submit to the Secretary 
    an annual report that describes all expenditures from the Water 
    OM&R Fund during the year covered by the report.
    (e) No Distribution to Members.--No part of the principal of the 
Water OM&R Fund, or of the interest or income accruing on the 
principal, shall be distributed to any Community member on a per capita 
basis.
    (f) Funds Not Available Until Enforceability Date.--Amounts in the 
Water OM&R Fund shall not be available for expenditure or withdrawal by 
the Community until the enforceability date, or until January 1, 2010, 
whichever is later.

SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.

    (a) In General.--Subject to the availability of funds and 
consistent with the provisions of section 107(a), 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 25.9.1, 25.9.2, or 25.9.3 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.--Subject to the availability of 
funds, the Secretary, acting through the Commissioner of Reclamation, 
shall repair, remediate, and rehabilitate the subsidence damage that 
has occurred to land before the enforceability date within the 
Reservation, as specified in exhibit 30.21 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 located outside the 
exterior boundaries of the Reservation 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.
    (d) Acceptance of Land in Trust Status.--
        (1) In general.--If the Community acquires legal fee title to 
    land that is located within the exterior boundaries of the 
    Reservation (as defined in section 207(d)), the Secretary shall 
    accept the land in trust status for the benefit of the Community 
    upon receipt by the Secretary of a submission from the Community 
    that provides evidence that--
            (A) the land meets the Department of the Interior's minimum 
        environmental standards and requirements for real estate 
        acquisitions set forth in 602 DM 2.6, or any similar successor 
        standards or requirements for real estate acquisitions in 
        effect on the date of the Community's submission; and
            (B) the title to the land meets applicable Federal title 
        standards in effect on the date of the Community's submission.
        (2) Reservation status.--Land taken or held in trust by the 
    Secretary under paragraph (1) shall be deemed part of the 
    Community's reservation.

SEC. 211. REDUCTION OF WATER RIGHTS.

    (a) Reduction of TBI Eligible Acres.--
        (1) In general.--Consistent with this title and as provided in 
    the UVD agreement to assist in reducing the total water demand for 
    irrigation use in the upper valley of the Gila River, the Secretary 
    shall provide funds to the Gila Valley Irrigation District and the 
    Franklin Irrigation District (hereafter in this section referred to 
    as ``the Districts'') for the acquisition of UV decreed water 
    rights and the extinguishment of those rights to decrease demands 
    on the Gila River, or severance and transfer of 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.
        (2) Acquisitions.--
            (A) Required phase i acquisition.--Not later than December 
        31 of the third calendar year that begins after the 
        enforceability date (or December 31 of the first calendar year 
        that begins after the payment provided by subparagraph 
        (D)(iii), if later), the Districts shall acquire the UV decreed 
        water rights appurtenant to 1,000 acres of land (other than 
        special hot lands).
            (B) Required phase ii acquisition.--Not later than December 
        31 of the sixth calendar year that begins after the 
        enforceability date (or December 31 of the first calendar year 
        that begins after the payment provided by subparagraph 
        (D)(iii), if later), the Districts shall acquire the UV decreed 
        water rights appurtenant to 1,000 acres of land (other than 
        special hot lands). The reduction of TBI eligible acres under 
        this subparagraph 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 that 
        is approved by Congress and finally approved by all courts the 
        approval of which is required, the Secretary shall offer to 
        acquire for fair market value 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) Methods of acquisition for rights acquired pursuant to 
        subparagraphs (a) and (b).--
                (i) Determination of value.--

                    (I) Appraisals.--Not later than December 31 of the 
                first calendar year that begins after the 
                enforceability date in the case of the phase I 
                acquisition, and not later than December 31 of the 
                fourth calendar year that begins after the 
                enforceability date in the case of the phase II 
                acquisition, the Districts shall submit to the 
                Secretary an appraisal of the average value of water 
                rights appurtenant to 1,000 TBI eligible acres.
                    (II) Review.--The Secretary shall review the 
                appraisal submitted to ensure its consistency with the 
                Uniform Appraisal Standards for Federal Land 
                Acquisition and notify the Districts of the results of 
                the review within 30 days of submission of the 
                appraisal. In the event that the Secretary finds that 
                the appraisal is not consistent with such standards, 
                the Secretary shall so notify the Districts with a full 
                explanation of the reasons for that finding. Within 60 
                days of being notified by the Secretary that the 
                appraisal is not consistent with such Standards, the 
                Districts shall resubmit an appraisal to the Secretary 
                that is consistent with such standards. The Secretary 
                shall review the resubmitted appraisal to ensure its 
                consistency with nationally approved standards and 
                notify the Districts of the results of the review 
                within 30 days of resubmission.
                    (III) Petition.--In the event that the Secretary 
                finds that such resubmitted appraisal is not consistent 
                with those Standards, either the Districts or the 
                Secretary may petition a Federal court in the District 
                of Arizona for a determination of whether the appraisal 
                is consistent with nationally approved Standards. If 
                such court finds the appraisal is so consistent, the 
                value stated in the appraisal shall be final for all 
                purposes. If such court finds the appraisal is not so 
                consistent, the court shall determine the average value 
                of water rights appurtenant to 1,000 TBI eligible 
                acres.
                    (IV) No objection.--If the Secretary does not 
                object to an appraisal within the time periods provided 
                in this clause (i), the value determined in the 
                appraisal shall be final for all purposes.

                (ii) Appraisal.--In determining the value of water 
            rights pursuant to this paragraph, any court, the 
            Districts, the Secretary, and any appraiser shall take into 
            account the obligations the owner of the land (to which the 
            rights are appurtenant) will have after acquisition for 
            phreatophyle control as provided in the UVD agreement and 
            to comply with environmental laws because of the 
            acquisition and severance and transfer or extinguishment of 
            the water rights.
                (iii) Payment.--No more than 30 days after the average 
            value of water rights appurtenant to 1,000 acres of land 
            has been determined in accordance with clauses (i) and 
            (ii), the Secretary shall pay 125 percent of such values to 
            the Districts.
                (iv) Reduction of acreage.--No later than December 31 
            of the first calendar year that begins after each such 
            payment, the Districts shall acquire the UV decreed water 
            rights appurtenant to one thousand (1,000) acres of lands 
            that would have been included in the calculation of TBI 
            eligible acres (other than special hot lands), if the 
            calculation of TBI eligible acres had been undertaken at 
            the time of acquisition. To the extent possible, the 
            Districts shall select the rights to be acquired in 
            compliance with subsection 5.3.7 of the UVD agreement.
        (3) Reduction of tbi eligible acres.--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.--After the payments provided by 
        paragraph (2)(D)(iii), the Districts may fulfill the 
        requirements of paragraphs (2) and (3) 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.--After the payment provided by 
        paragraph (2)(D)(iii), the Districts may fulfill the 
        requirements of paragraphs (2) and (3) in full or in part, 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 Districts pursuant to subparagraphs (A) and (B) of 
        paragraph (2), the Districts 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) cause to be severed and transferred 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) cause to be extinguished the UV decreed water 
            rights associated with 300 UV decreed acres; and
                (iii) cause to be transferred 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).
        (6) Mitigation.--To the extent the Districts, after the 
    payments provided by paragraph (2)(D)(iii), do not comply with the 
    acquisition requirements of paragraph (2) or otherwise comply with 
    the alternatives to acquisition provided by paragraph (4), the 
    Districts shall provide mitigation to the San Carlos Irrigation 
    Project as provided by the UVD agreement.
    (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 signatories other than such incidental 
    expenditures of funds and commitments of resources as are required 
    to cooperatively participate in the program.
    SEC. 212. NEW MEXICO UNIT OF THE CENTRAL ARIZONA PROJECT.
    (a) Required Approvals.--The Secretary shall not execute the Gila 
River agreement pursuant to section 203(b), and the agreement shall not 
become effective, unless and until the New Mexico Consumptive Use and 
Forbearance Agreement has been executed by all signatory parties and 
approved by the State of New Mexico.
    (b) New Mexico Consumptive Use and Forbearance Agreement.--
        (1) In general.--Except to the extent a provision of the New 
    Mexico Consumptive Use and Forbearance Agreement conflicts with a 
    provision of this title, the New Mexico Consumptive Use and 
    Forbearance Agreement is authorized, ratified, and confirmed. To 
    the extent amendments are executed to make the New Mexico 
    Consumptive Use and Forbearance Agreement consistent with this 
    title, such amendments are also authorized, ratified, and 
    confirmed.
        (2) Execution.--To the extent the New Mexico Consumptive Use 
    and Forbearance Agreement does not conflict with this title, the 
    Secretary shall execute the New Mexico Consumptive Use and 
    Forbearance Agreement, including all exhibits to which the 
    Secretary is a party to the New Mexico Consumptive Use and 
    Forbearance Agreement and any amendments to the New Mexico 
    Consumptive Use and Forbearance necessary to make it consistent 
    with this title.
    (c) New Mexico Unit Agreement.--The Secretary is authorized to 
execute the New Mexico Unit Agreement, which agreement shall be 
executed within 1 year of receipt by the Secretary of written notice 
from the State of New Mexico that the State of New Mexico intends to 
build the New Mexico Unit, which notice must be received not later than 
December 31, 2014. The New Mexico Unit Agreement shall, among other 
things, provide that--
        (1) all funds from the Lower Colorado River Basin Development 
    Fund disbursed in accordance with section 403(f)(2)(D) (i) and (ii) 
    of the Colorado River Basin Project Act (as amended by section 
    107(a)) shall be nonreimbursable (and such costs shall be excluded 
    from the repayment obligation, if any, of the NM CAP entity under 
    the New Mexico Unit Agreement);
        (2) in determining payment for CAP water under the New Mexico 
    Unit Agreement, the NM CAP entity shall be responsible only for its 
    share of operations, maintenance, and replacement costs (and no 
    capital costs attendant to other units or portions of the Central 
    Arizona Project shall be charged to the NM CAP entity);
        (3) upon request by the NM CAP entity, the Secretary shall 
    transfer to the NM CAP entity the responsibility to design, build, 
    or operate and maintain the New Mexico Unit, or all or any 
    combination of those responsibilities, provided that the Secretary 
    shall not transfer the authority to divert water pursuant to the 
    New Mexico Consumptive Use and Forbearance Agreement, provided 
    further that the Secretary, shall remain responsible to the parties 
    to the New Mexico Consumptive Use and Forbearance Agreement for the 
    NM CAP entity's compliance with the terms and conditions of that 
    agreement;
        (4) the Secretary shall divert water and otherwise exercise her 
    rights and authorities pursuant to the New Mexico Consumptive Use 
    and Forbearance Agreement solely for the benefit of the NM CAP 
    entity and for no other purpose;
        (5) the NM CAP entity shall own and hold title to all portions 
    of the New Mexico Unit constructed pursuant to the New Mexico Unit 
    Agreement; and
        (6) the Secretary shall provide a waiver of sovereign immunity 
    for the sole and exclusive purpose of resolving a dispute in 
    Federal court of any claim, dispute, or disagreement arising under 
    the New Mexico Unit Agreement.
    (d) Amendment to Section 304.--Section 304(f) of the Colorado River 
Basin Project Act (43 U.S.C. 1524(f)) is amended--
        (1) by striking paragraph (1) and inserting the following: 
    ``(1) In the operation of the Central Arizona Project, the 
    Secretary shall offer to contract with water users in the State of 
    New Mexico, with the approval of its Interstate Stream Commission, 
    or with the State of New Mexico, through its Interstate Stream 
    Commission, for water from the Gila River, its tributaries and 
    underground water sources in amounts that will permit consumptive 
    use of water in New Mexico of not to exceed an annual average in 
    any period of 10 consecutive years of 14,000 acre-feet, including 
    reservoir evaporation, over and above the consumptive uses provided 
    for by article IV of the decree of the Supreme Court of the United 
    States in Arizona v. California (376 U.S. 340). Such increased 
    consumptive uses shall continue only so long as delivery of 
    Colorado River water to downstream Gila River users in Arizona is 
    being accomplished in accordance with this Act, in quantities 
    sufficient to replace any diminution of their supply resulting from 
    such diversion from the Gila River, its tributaries and underground 
    water sources. In determining the amount required for this purpose, 
    full consideration shall be given to any differences in the quality 
    of the water involved.'';
        (2) by striking paragraph (2); and
        (3) by redesignating paragraph (3) as paragraph (2).
    (e) Cost Limitation.--In determining payment for CAP water under 
the New Mexico Consumptive Use and Forbearance Agreement, the NM CAP 
entity shall be responsible only for its share of operations, 
maintenance, and repair costs. No capital costs attendant to other 
Units or portions of the Central Arizona Project shall be charged to 
the NM CAP entity.
    (f) Exclusion of Costs.--For the purpose of determining the 
allocation and repayment of costs of the Central Arizona Project under 
the CAP Repayment Contract, the costs associated with the New Mexico 
Unit and the delivery of Central Arizona Project water pursuant to the 
New Mexico Consumptive Use and Forbearance Agreement shall be 
nonreimbursable, and such costs shall be excluded from the Central 
Arizona Water Conservation District's repayment obligation.
    (g) New Mexico Unit Construction and Operations.--The Secretary is 
authorized to design, build, and operate and maintain the New Mexico 
Unit. Upon request by the State of New Mexico, the Secretary shall 
transfer to the NM CAP entity responsibility to design, build, or 
operate and maintain the New Mexico Unit, or all or any combination of 
those functions.
    (h) National Environmental Policy Act.--
        (1) Environmental compliance.--Upon execution of the New Mexico 
    Consumptive Use and Forbearance Agreement and the New Mexico Unit 
    Agreement, the Secretary shall promptly comply with all aspects of 
    the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
    seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
    and all other applicable environmental Acts and regulations.
        (2) Execution of the new mexico consumptive use and forbearance 
    agreement and the new mexico unit agreement.--Execution of the New 
    Mexico Consumptive Use and Forbearance Agreement and the New Mexico 
    Unit Agreement by the Secretary under this section shall not 
    constitute a major Federal action under the National Environmental 
    Policy Act (42 U.S.C. 4321 et seq.). The Secretary is directed to 
    carry out all necessary environmental compliance required by 
    Federal law in implementing the New Mexico Consumptive Use and 
    Forbearance Agreement and the New Mexico Unit Agreement.
        (3) Lead agency.--The Bureau of Reclamation shall be designated 
    as the lead agency with respect to environmental compliance. Upon 
    request by the State of New Mexico to the Secretary, the State of 
    New Mexico shall be designated as joint lead agency with respect to 
    environmental compliance.
    (i) New Mexico Unit Fund.--The Secretary shall deposit the amounts 
made available under paragraph (2)(D)(i) of section 403(f) of the 
Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by 
section 107(a)) into the New Mexico Unit Fund, a State of New Mexico 
Fund established and administered by the New Mexico Interstate Stream 
Commission. Withdrawals from the New Mexico Unit Fund shall be for the 
purpose of paying costs of the New Mexico Unit or other water 
utilization alternatives to meet water supply demands in the Southwest 
Water Planning Region of New Mexico, as determined by the New Mexico 
Interstate Stream Commission in consultation with the Southwest New 
Mexico Water Study Group or its successor, including costs associated 
with planning and environmental compliance activities and environmental 
mitigation and restoration.
    (j) Additional Funding for New Mexico Unit.--The Secretary shall 
pay for an additional portion of the costs of constructing the New 
Mexico Unit from funds made available under paragraph (2)(D)(ii) of 
section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 
1543(f)) (as amended by section 107(a)) on a construction schedule 
basis, up to a maximum amount under this subparagraph (j) of 
$34,000,000, as adjusted to reflect changes since January 1, 2004, in 
the construction cost indices applicable to the types of construction 
involved in construction of the New Mexico Unit, upon satisfaction of 
the conditions that--
        (1) the State of New Mexico must provide notice to the 
    Secretary in writing not later than December 31, 2014, that the 
    State of New Mexico intends to have constructed or developed the 
    New Mexico Unit; and
        (2) the Secretary must have issued in the Federal Register not 
    later than December 31, 2019, a Record of Decision approving the 
    project based on an environmental analysis required pursuant to 
    applicable Federal law and on a demonstration that construction of 
    a project for the New Mexico Unit that would deliver an average 
    annual safe yield, based on a 50-year planning period, greater than 
    10,000 acre feet per year, would not cost more per acre foot of 
    water diverted than a project sized to produce an average annual 
    safe yield of 10,000 acre feet per year. If New Mexico exercises 
    all reasonable efforts to obtain the issuance of such Record of 
    Decision, but the Secretary is not able to issue such Record of 
    Decision by December 31, 2019, for reasons outside the control of 
    the State of New Mexico, the Secretary may extend the deadline for 
    a reasonable period of time, not to extend beyond December 31, 
    2030.
    (k) Rate of Return Exceeding 4 Percent.--If the rate of return on 
carryover funds held in the Lower Colorado Basin Development Fund on 
the date that construction of the New Mexico Unit is initiated exceeds 
an average effective annual rate of 4 percent for the period beginning 
on the date of enactment of this Act through the date of initiation of 
construction of the New Mexico Unit, the Secretary shall pay an 
additional portion of the costs of the construction costs associated 
with the New Mexico Unit, on a construction schedule basis, using funds 
made available under paragraph (2)(D)(ii) of section 403(f) of the 
Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by 
section 107(a)). The amount of such additional payments shall be equal 
to 25 percent of the total return on the carryover funds earned during 
the period in question that is in excess of a return on such funds at 
an annual average effective return of 4 percent, up to a maximum total 
of not more than $28,000,000, as adjusted to reflect changes since 
January 1, 2004, in the construction cost indices applicable to the 
types of construction involved in construction of the New Mexico Unit.
    (l) Disclaimer.--Nothing in this Act shall affect, alter, or 
diminish rights to use of water of the Gila River within New Mexico, or 
the authority of the State of New Mexico to administer such rights for 
use within the State, as such rights are quantified by article IV of 
the decree of the United States Supreme Court in Arizona v. California 
(376 U.S. 340).
    (m) Priority of Other Exchanges.--The Secretary shall not approve 
any exchange of Gila River water for water supplied by the CAP that 
would amend, alter, or conflict with the exchanges authorized by 
section 304(f) of the Colorado River Basin Project Act (43 U.S.C. 
1524(f)).

SEC. 213. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--If any party to the Gila River 
agreement or signatory to an exhibit executed pursuant to section 
203(b) or to the New Mexico Consumptive Use and Forbearance 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) or the New 
Mexico Consumptive Use and Forbearance Agreement, and names the United 
States or the Community as a party, or if any other landowner or water 
user in the Gila River basin in Arizona (except any party referred to 
in subparagraph 28.1.4 of the Gila River agreement) files a lawsuit 
relating only and directly to the interpretation or enforcement of 
subparagraph 6.2, subparagraph 6.3, paragraph 25, subparagraph 26.2, 
subparagraph 26.8, and subparagraph 28.1.3 of the Gila River agreement, 
naming 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).
    (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.--To the extent it is not in 
conflict with this Act, the Secretary is directed to and 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. To the extent amendments are executed 
to make Amendment No. 1 consistent with this title, such amendments are 
also authorized, ratified, and confirmed.
    (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, as amended, 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 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 authority and responsibility existing on the date of 
    enactment of this Act for 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 1917 
    agreement, as amended, described in paragraph (1).
    (g) UV Irrigation Districts.--
        (1) In general.--As partial consideration for obligations the 
    UV irrigation districts shall be undertaking, the obligation to 
    comply with the terms and conditions of term 5 of exhibit 2.30 (New 
    Mexico Risk Allocation Terms) to the New Mexico Consumptive Use and 
    Forbearance Agreement, the Gila Valley Irrigation District, in 
    2010, shall receive funds from the Secretary in an amount of 
    $15,000,000 (adjusted to reflect changes since the date of 
    enactment of this Act in the cost indices applicable to the type of 
    design and construction involved in the design and construction of 
    a pipeline at or upstream from the Ft. Thomas Diversion Dam to the 
    lands farmed by the San Carlos Apache Tribe, together with canal 
    connections upstream from the Ft. Thomas Diversion Dam and 
    connection devices appropriate to introduce pumped water into the 
    Pipeline).
        (2) Restriction.--The funds to be received by the Gila Valley 
    Irrigation District shall be used solely for the purpose of 
    developing programs or constructing facilities to assist with 
    mitigating the risks and costs associated with compliance with the 
    terms and conditions of term 5 of exhibit 2.30 (New Mexico Risk 
    Allocation Terms) of the New Mexico Consumptive and Forbearance 
    Agreement, and for no other purpose.
    (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).
    (i) Blue Ridge Project Transfer Authorization.--
        (1) Definitions.--In this subsection:
            (A) Blue ridge project.--The term ``Blue Ridge Project'' 
        means the water storage reservoir known as ``Blue Ridge 
        Reservoir'' situated in Coconino and Gila Counties, Arizona, 
        consisting generally of--
                (i) Blue Ridge Dam and all pipelines, tunnels, 
            buildings, hydroelectric generating facilities, and other 
            structures of every kind, transmission, telephone and fiber 
            optic lines, pumps, machinery, tools, and appliances; and
                (ii) all real or personal property, appurtenant to or 
            used, or constructed or otherwise acquired to be used, in 
            connection with Blue Ridge Reservoir.
            (B) Salt river project agricultural improvement and power 
        district.--The term ``Salt River Project Agricultural 
        Improvement and Power District'' means the Salt River Project 
        Agricultural Improvement and Power District, a political 
        subdivision of the State of Arizona.
        (2) Transfer of title.--The United States, acting through the 
    Secretary of the Interior, shall accept from the Salt River Project 
    Agricultural Improvement and Power District the transfer of title 
    to the Blue Ridge Project. The transfer of title to the Blue Ridge 
    Project from the Salt River Project Agricultural Improvement and 
    Power District to the United States shall be without cost to the 
    United States. The transfer, change of use or change of place of 
    use of any water rights associated with the Blue Ridge Project 
    shall be made in accordance with Arizona law.
        (3) Use and benefit of salt river federal reclamation 
    project.--
            (A) In general.--Subject to subparagraph (B), the United 
        States shall hold title to the Blue Ridge Project for the 
        exclusive use and benefit of the Salt River Federal Reclamation 
        Project.
            (B) Availability of water.--Up to 3,500 acre-feet of water 
        per year may be made available from Blue Ridge Reservoir for 
        municipal and domestic uses in Northern Gila County, Arizona, 
        without cost to the Salt River Federal Reclamation Project.
        (4) Termination of jurisdiction.--
            (A) Licensing and regulatory authority.--Upon the transfer 
        of title of the Blue Ridge Project to the United States under 
        paragraph (2), the Federal Energy Regulatory Commission shall 
        have no further licensing and regulatory authority over Project 
        Number 2304, the Blue Ridge Project, located within the State.
            (B) Environmental laws.--All other applicable Federal 
        environmental laws shall continue to apply to the Blue Ridge 
        Project, including the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) and the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
        (5) Care, operation, and maintenance.--Upon the transfer of 
    title of the Blue Ridge Project to the United States under 
    paragraph (2), the Salt River Valley Water Users' Association and 
    the Salt River Project Agricultural Improvement and Power District 
    shall be responsible for the care, operation, and maintenance of 
    the project pursuant to the contract between the United States and 
    the Salt River Valley Water Users' Association, dated September 6, 
    1917, as amended.
        (6) C.C. cragin dam & reservoir.--Upon the transfer of title of 
    the Blue Ridge Project to the United States under paragraph (2), 
    Blue Ridge Dam and Reservoir shall thereafter be known as the 
    ``C.C. Cragin Dam and Reservoir''.
    (j) Effect on Current Law; Jurisdiction of Courts.--Nothing in this 
section--
        (1) alters law in effect on the day before the date of 
    enactment of this Act with respect to pre-enforcement review of 
    Federal environmental enforcement actions; or
        (2) confers jurisdiction on any State court to interpret 
    subparagraphs (D), (E), and (G) of section 207(a)(1) where such 
    jurisdiction does not otherwise exist.

SEC. 214. 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, minus any amounts appropriated for 
        this purpose, 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 
            undertaken by the Secretary associated with the Gila River 
            agreement and this title;
                (ii) any mitigation measures adopted by the Secretary 
            that are the responsibility of the Community associated 
            with the construction of the diversion and delivery 
            facilities of the water referred to in section 204 for use 
            on the reservation; and
                (iii) no more than 50 percent of the cost of any 
            mitigation measures adopted by the Secretary that are the 
            responsibility of the Community associated with the 
            diversion or delivery of the water referred to in section 
            204 for use on the Reservation, other than any 
            responsibility related to water delivered to any other 
            person by lease or exchange; and
            (B) to carry out the mitigation measures in the Roosevelt 
        Habitat Conservation Plan, not more than $10,000,000.
        (7) UV irrigation districts.--There are authorized to be 
    appropriated such sums as are necessary to pay the Gila Valley 
    Irrigation District an amount of $15,000,000 (adjusted to reflect 
    changes since the date of enactment of the Arizona Water 
    Settlements Act of 2004 in the cost indices applicable to the type 
    of design and construction involved in the design and construction 
    of a pipeline at or upstream from the Ft. Thomas Diversion Dam to 
    the lands farmed by the San Carlos Apache Tribe, together with 
    canal connections upstream from the Ft. Thomas Diversion Dam and 
    connection devices appropriate to introduce pumped water into the 
    Pipeline).
    (b) Identified Costs.--
        (1) In general.--Amounts made available under subsection (a) 
    shall be considered to be identified costs for purposes of 
    paragraph (2)(D)(v)(I) 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 
    identified costs for purposes of section 403(f)(2)(D)(v)(I) of the 
    Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(D)(v)(I)) 
    (as amended by section 107(a)).
    SEC. 215. REPEAL ON FAILURE OF ENFORCEABILITY DATE.
    If the Secretary does not publish a statement of findings under 
section 207(c) by December 31, 2007--
        (1) except for section 213(i), 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 (7) 
    of section 214(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 214(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 2004'.

``SEC. 302. PURPOSES.

    ``The purposes of this title are--
        ``(1) to authorize, ratify, and confirm the agreements referred 
    to in section 309(h);
        ``(2) to authorize and direct the Secretary to execute and 
    perform all obligations of the Secretary under those agreements; 
    and
        ``(3) to authorize the actions and appropriations necessary for 
    the United States to meet obligations of the United States under 
    those agreements and this title.

``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) 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.
        ``(3) Agreement of december 11, 1980.--The term `agreement of 
    December 11, 1980' means the contract entered into by the United 
    States and the Nation on December 11, 1980.
        ``(4) Agreement of october 11, 1983.--The term `agreement of 
    October 11, 1983' means the contract entered into by the United 
    States and the Nation on October 11, 1983.
        ``(5) 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.
        ``(6) 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.
        ``(7) Alvarez case.--The term `Alvarez case' means the first 
    through third causes of action of the third amended complaint in 
    Alvarez v. City of Tucson (Civ. No. 93-09039 TUC FRZ (D. Ariz., 
    filed April 21, 1993)).
        ``(8) Applicable law.--The term `applicable law' means any 
    applicable Federal, State, tribal, or local law.
        ``(9) Asarco.--The term `Asarco' means Asarco Incorporated, a 
    New Jersey corporation of that name, and its subsidiaries operating 
    mining operations in the State.
        ``(10) Asarco agreement.--The term `Asarco agreement' means the 
    agreement by that name attached to the Tohono O'odham settlement 
    agreement as exhibit 13.1.
        ``(11) CAP repayment contract.--
            ``(A) In general.--The term `CAP repayment contract' means 
        the contract dated December 1, 1988 (Contract No. 14-0906-09W-
        09245, 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.
        ``(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. 1521 et seq.).
        ``(13) 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 Station 293+36.
        ``(14) 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.
        ``(15) 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.
        ``(16) 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).
        ``(17) Cooperative fund.--The term `cooperative fund' means the 
    cooperative fund established by section 313 of the 1982 Act and 
    reauthorized by section 310.
        ``(18) 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.
        ``(19) 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.
        ``(20) Enforceability date.--The term `enforceability date' 
    means the date on which title III of the Arizona Water Settlements 
    Act takes effect (as described in section 302(b) of the Arizona 
    Water Settlements Act).
        ``(21) 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 or other 
            commodities for--

                    ``(I) sale;
                    ``(II) human consumption; or
                    ``(III) use as feed for livestock or poultry.

        ``(22) 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 United States as an Indian allotment.
        ``(23) FICO.--The term `FICO' means collectively the Farmers 
    Investment Co., an Arizona corporation of that name, and the 
    Farmers Water Co., an Arizona corporation of that name.
        ``(24) 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).
        ``(25) Injury to water quality.--The term `injury to water 
    quality' means any contamination, diminution, or deprivation of 
    water quality under applicable law.
        ``(26) 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.
        ``(27) 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.
        ``(28) 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).
        ``(29) M&I priority water.--The term `M&I priority water' means 
    Central Arizona Project water that has municipal and industrial 
    priority.
        ``(30) 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).
        ``(31) 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 the 
        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), if 
        title to the land is held in trust by the Secretary for the 
        benefit of the Nation; 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.
        ``(32) Net irrigable acres.--The term `net irrigable acres' 
    means, with respect to a farm, the acreage of the farm that is 
    suitable for agriculture, as determined by the Nation and the 
    Secretary.
        ``(33) NIA priority water.--The term `NIA priority water' means 
    Central Arizona Project water that has non-Indian agricultural 
    priority.
        ``(34) 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.
        ``(35) 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.
        ``(36) San xavier district.--The term `San Xavier District' 
    means the district of that name, 1 of 11 political subdivisions of 
    the Nation established under the constitution of the Nation.
        ``(37) 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.
        ``(38) San xavier reservation.--The term `San Xavier 
    Reservation' means the San Xavier Indian Reservation established by 
    the Executive order of July 1, 1874.
        ``(39) 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)(4).
        ``(40) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
        ``(41) State.--The term `State' means the State of Arizona.
        ``(42) Subjugate.--The term `subjugate' means to prepare land 
    for agricultural use through irrigation.
        ``(43) 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 water.
        ``(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 dated April 30, 
    2003 (including all exhibits of and attachments to the agreement).
        ``(46) Tucson case.--The term `Tucson case' means United States 
    et al. v. City of Tucson, et al. (Civ. No. 75-0939 TUC consol. with 
    Civ. No. 75-0951 TUC FRZ (D. Ariz., filed February 20, 1975)).
        ``(47) Tucson interim water lease.--The term `Tucson interim 
    water lease' means the lease, and any pre-2004 amendments and 
    extensions of the lease, approved by the Secretary, 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 a point of water 
    delivery on the Central Arizona Project aqueduct.
        ``(50) Underground storage.--The term `underground storage' 
    means 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 of 1982 (96 Stat. 1274; 106 
    Stat. 3256), as in effect on the day before the enforceability 
    date.

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

    ``(a) Water Delivery.--The Secretary shall deliver annually 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), not later than 8 years after the enforceability 
    date, the Secretary shall complete the design and construction of 
    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 enforceability date, in 
        addition to the improvements described in paragraph (1), 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--
                ``(i) 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 that portion of 
            the 27,000 acre-feet annually of water described in 
            subsection (a)(1) that is not required for the irrigation 
            systems described in paragraphs (1) and (2) of subsection 
            (c); or
                ``(ii) in lieu of the actions described in clause (i), 
            pay to the San Xavier District $18,300,000 (adjusted as 
            provided in section 317(a)(2)) in full satisfaction of the 
            obligations of the United States described in clause (i).
            ``(B) Election.--
                ``(i) In general.--The San Xavier District Council may 
            make a nonrevocable election whether to receive the 
            benefits described under clause (i) or (ii) of subparagraph 
            (A) by notifying the Secretary by not later than 180 days 
            after the enforceability date or January 1, 2010, whichever 
            is later, by written and certified resolution of the San 
            Xavier District Council.
                ``(ii) No resolution.--If the Secretary does not 
            receive such a resolution by the deadline specified in 
            clause (i), the Secretary shall pay $18,300,000 (adjusted 
            as provided in section 317(a)(2)) to the San Xavier 
            District in lieu of carrying out the obligations of the 
            United States under subparagraph (A)(i).
            ``(C) Source of funds and time of payment.--
                ``(i) In general.--Payment of $18,300,000 (adjusted as 
            provided in section 317(a)(2)) under this paragraph shall 
            be made by the Secretary from the Lower Colorado River 
            Basin Development Fund--

                    ``(I) not later than 60 days after an election 
                described in subparagraph (B) is made (if such an 
                election is made), but in no event earlier than the 
                enforceability date or January 1, 2010, whichever is 
                later; or
                    ``(II) not later than 240 days after the 
                enforceability date or January 1, 2010, whichever is 
                later, if no timely election is made.

                ``(ii) Payment for additional structures.--Payment of 
            amounts necessary to design and construct such additional 
            canals, laterals, farm ditches, and irrigation works as are 
            described in subparagraph (A)(i) shall be made by the 
            Secretary from the Lower Colorado River Basin Development 
            Fund, if an election is made to receive the benefits under 
            subparagraph (A)(i).
        ``(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 enforceability date, the Secretary 
    shall complete the design and construction of an irrigation system 
    and delivery and distribution system to serve the farm that is 
    constructed in the eastern Schuk Toak District.
    ``(d) Extension of Deadlines.--
        ``(1) In general.--The Secretary may extend a deadline under 
    subsection (c) if the Secretary 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 eastern Schuk Toak District.
        ``(2) Effect on federal activity.--Nothing in this subsection 
    affects the authority of the United States, 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)(A), 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) shall 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 United States 
            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; or
                ``(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, the 1982 Act, 
    the agreement of October 11, 1983, and the Tohono O'odham 
    settlement agreement (to the extent that the settlement agreement 
    does not conflict with this Act), to 1 or more of--
            ``(A) the cooperative farm;
            ``(B) the eastern Schuk Toak District;
            ``(C) turnouts existing on the enforceability date; 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 annually 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, for not more than market value, 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)(1); or
            ``(ii) the value of such quantities of water as--
                ``(I) are ordered by the Nation for use by the San 
            Xavier 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)(2); or
            ``(ii) the value of such quantities of water as--
                ``(I) are ordered by the Nation for use by the San 
            Xavier Cooperative Association in the extension to the 
            irrigation system; but
                ``(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(c)(4); 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 San Xavier 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 compensation payable under 
        subparagraphs (A) and (B) of paragraph (1), to the San Xavier 
        Cooperative Association; and
            ``(B) with respect to compensation 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 annually 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) in accordance with a schedule that is acceptable to the 
    Secretary and the State; and
        ``(2) 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(f)(1), 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(f)(2), 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 water management plans 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 regulations)) 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 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), (2), 
            and (3) of section 304(c) and on the delivery of water to 
            those systems, for the operation, maintenance, and 
            replacement of those systems 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 extension of the irrigation 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 
            San Xavier 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 business lease No. H54-16-72 dated April 
        26, 1972, of San Xavier Reservation land to Asarco and approved 
        by the United States on November 14, 1972, that the Nation--
                ``(i) shall allocate as a first right of beneficial 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 subsection (a)(1)(A);
                    ``(III) the groundwater withdrawn from exempt 
                wells;
                    ``(IV) the deferred pumping storage credits 
                authorized by section 308(f)(1)(B); and
                    ``(V) the 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 Nation's Reservation;

                ``(ii) subject to section 309(b)(2), 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 
                authorized by this title within or outside the Nation's 
                Reservation; and
                    ``(III) subject to section 308(e), as an exclusive 
                right, to transfer or otherwise dispose of the storage 
                credits that may be lawfully transferred or otherwise 
                disposed of to persons for recovery outside the 
                Nation's Reservation;

                ``(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 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 
paragraph (1) or (2) of section 304(c), or in the case of the 
irrigation system described in section 304(c)(3), if such irrigation 
system is constructed on individual Indian trust allotments, 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 and the water resources granted or confirmed 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;
        ``(3) enact and maintain--
            ``(A) 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 enforceability date, 
        a comprehensive water code applicable to the water resources 
        granted or confirmed under this title;
        ``(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), 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, 
        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 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);
                ``(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 section 307(a)(1)(G)(i) 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 
    (and any amendments to 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) or other applicable 
            Federal law; 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 San 
    Xavier Reservation and the eastern Schuk Toak District, water 
    management plans that meet the requirements described in paragraph 
    (2).
        ``(2) Requirements.--Water management plans 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 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 in 
accordance with the Tohono O'odham settlement agreement. The Secretary 
shall have no responsibility to fund or otherwise administer such 
projects.
    ``(f) Groundwater.--
        ``(1) San xavier 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 a debit to the deferred pumping 
                storage account.

                ``(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 a debit to the deferred pumping 
                storage account.

                ``(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) 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) subject to paragraph 8.8 of the Tohono O'odham 
            settlement agreement, 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 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 nation's 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) 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 the nation's reservation.--
            ``(A) In general.--Water resources granted or confirmed 
        under this title may be sold, leased, transferred, or used by 
        the Nation 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 and groundwater withdrawals under the Asarco 
        agreement, the Nation may sell, lease, transfer, or use any 
        water supplies and 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.--Deferred pumping storage credits 
        provided for in section 308(f) shall not be sold, leased, 
        transferred, or used outside the Nation's Reservation.
            ``(E) Prohibition on use outside the state.--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.--
        ``(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 
    storage credits acquired under section 308(e), 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 paragraph 11 of 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 the availability of water supplies to satisfy 
the first right of beneficial use under section 307(a)(1)(G)(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 use referred to in 
        section 307(a)(1)(G)(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 Central Arizona Project aqueduct; 
    and
        ``(B) if the delivery capacity of the Central Arizona Project 
    aqueduct 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 Central Arizona Project 
    aqueduct;
        ``(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 consistent with this title;
        ``(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 allocated 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 agreement described in paragraph (2), to the extent that the 
    agreement is not in conflict with this Act--
            ``(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)(i) the Asarco agreement (attached to the Tohono 
        O'odham settlement agreement as exhibit 13.1 to the Tohono 
        O'odham settlement agreement);
            ``(ii) lease No. H54-0916-0972, dated April 26, 1972, and 
        approved by the United States on November 14, 1972; and
            ``(iii) any new well site lease as provided for in the 
        Asarco agreement; and
            ``(D) the FICO agreement (attached to the Tohono O'odham 
        settlement agreement as Exhibit 14.1).
        ``(3) Relation to other law.--
            ``(A) Environmental compliance.--In implementing an 
        agreement described in paragraph (2), the Secretary shall 
        promptly comply with all aspects of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other 
        applicable environmental Acts and regulations.
            ``(B) Execution of agreement.--Execution of an agreement 
        described in paragraph (2) by the Secretary under this section 
        shall not constitute a major Federal action under the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.). The 
        Secretary is directed to carry out all necessary environmental 
        compliance required by Federal law in implementing an agreement 
        described in paragraph (2).
            ``(C) Lead agency.--The Bureau of Reclamation shall be the 
        lead agency with respect to environmental compliance under the 
        agreements described in paragraph (2).
    ``(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;
            ``(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; provided, however, that gross proceeds shall not 
        include proceeds from the transfer of Central Arizona Project 
        water in excess of 20,000 acre feet annually pursuant to any 
        agreement under this subparagraph or under the Asarco agreement 
        referenced in subparagraph (B).
        ``(2) Entitlement.--The Nation shall be entitled to receive all 
    gross proceeds.
    ``(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) of 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;
            ``(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; and
                ``(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;

            ``(D) all interest accrued on all amounts in the 
        cooperative fund beginning on October 12, 1982, less any 
        interest expended under subsection (b)(2); and
            ``(E) 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, the Secretary of the Treasury shall transfer from 
    the cooperative fund to the Secretary such amounts as the Secretary 
    determines are necessary to carry out obligations of the Secretary 
    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 under 
        section 305(d).
        ``(2) Expenditure of interest.--Except as provided in paragraph 
    (3), the Secretary may expend only interest income accruing to the 
    cooperative fund, and that interest income may be expended by the 
    Secretary, without further appropriation.
        ``(3) Expenditure of revenues.--Revenues described in 
    subsection (a)(2)(E) shall be available for expenditure under 
    paragraph (1).
    ``(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. 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.
    ``(e) Damages.--Damages arising under this title or any contract 
for the delivery of water recognized by this title shall not exceed, in 
any given year, the amounts available for expenditure in that year from 
the cooperative fund.

``SEC. 311. CONTRACTING AUTHORITY; 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)(E), 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 develop and initiate 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 develop and initiate 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 Nation's Reservation; 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 
    enforceability date, the Secretary, in consultation with the 
    Nation, the San Xavier District, the San Xavier Allottees' 
    Association, and Asarco, shall 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.
        ``(3) Limitation on expenditures.--In carrying out this 
    subsection, the Secretary shall expend not more than $250,000.

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

    ``(a) Waiver of Claims by the Nation.--Except as provided in 
subsection (d), the Tohono O'odham settlement agreement shall provide 
that 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 claims for 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 United States (including any agency, officer, and 
    employee of the United States);
        ``(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 or State law 
    against--
            ``(A) the United States;
            ``(B) the State (or any agency or political subdivision of 
        the State);
            ``(C) any municipal corporation; and
            ``(D) 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 title, against--
            ``(A) the United States;
            ``(B) the State (or any agency or political subdivision of 
        the State);
            ``(C) any municipal corporation; and
            ``(D) 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 for land within the San Xavier Reservation, 
    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 claims for failure to protect, acquire, or develop water 
    rights for land within the San Xavier Reservation from time 
    immemorial through the enforceability date, against the United 
    States (including any agency, officer, and employee of the United 
    States);
        ``(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 or State law against--
            ``(A) the United States;
            ``(B) the State (or any agency or political subdivision of 
        the State);
            ``(C) any municipal corporation; and
            ``(D) any other person or entity;
        ``(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 title, against--
            ``(A) the United States;
            ``(B) the State (or any agency or political subdivision of 
        the State);
            ``(C) any municipal corporation; and
            ``(D) any other person or entity; and
        ``(5) 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)(G) and subsections (a) and (b) of section 
    308, the allottees and fee owners of allotted land shall retain 
    rights 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.--Except as provided in 
subsection (d), 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 or State law 
    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)(G) and subsections (a) 
    and (b) of section 308, the allottees shall retain rights 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); and
        ``(4) claims against Asarco on behalf of the allottee class for 
    the fourth cause of action in Alvarez v. City of Tucson (Civ. No. 
    93-039 TUC FRZ (D. Ariz., filed April 21, 1993)), in accordance 
    with the terms and conditions of the Asarco agreement.
    ``(d) Claims Relating to Groundwater Protection Program.--The 
Nation and the United States as Trustee--
        ``(1) shall have the right to assert any claims granted by a 
    State law implementing the groundwater protection program described 
    in paragraph 8.8 of the Tohono O'odham settlement agreement; and
        ``(2) if, after the enforceability date, the State law is 
    amended so as to have a material adverse effect on the Nation, 
    shall have a right to relief in the State court having jurisdiction 
    over Gila River adjudication proceedings and decrees, against an 
    owner of any nonexempt well drilled after the effective date of the 
    amendment (if the well actually and substantially interferes with 
    groundwater pumping occurring on the San Xavier Reservation), from 
    the incremental effect of the groundwater pumping that exceeds that 
    which would have been allowable had the State law not been amended.
    ``(e) 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.
    ``(f) 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
                ``(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, or of 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 and 
        thereafter, forever, against--
                ``(i) the United States;
                ``(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 
        and thereafter forever.
            ``(B) Exception.--Under section 307(a)(1)(G) and 
        subsections (a) and (b) of section 308, the allottees shall 
        retain rights to share in the water resources granted or 
        confirmed under this title and the Tohono O'odham settlement 
        agreement.
    ``(g) 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, 1491, or 1505 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) 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.--An award for damages for a claim under this 
        subsection shall be offset against the amount of funds--
                ``(i) made available by any Act of Congress; and
                ``(ii) paid to the claimant by the Secretary in partial 
            or complete satisfaction of the claim.
        ``(3) No claims established.--Except as provided in paragraph 
    (1), nothing in the subsection establishes any claim against the 
    United States.
    ``(h) Jurisdiction; Waiver of Immunity; Parties.--
        ``(1) Jurisdiction.--
            ``(A) In general.--Except as provided in subsection (i), 
        the 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 the allottees or fee owners of 
            allotted land that are not claims for water rights, 
            injuries to water rights or other claims that are barred or 
            waived and released under this title or 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.
    ``(i) 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.
    ``(j) Federal Jurisdiction.--The Federal Courts shall have 
concurrent jurisdiction over actions described in subsection 312(h) to 
the extent otherwise provided in Federal law.

``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) lands taken into trust under paragraph (1) shall 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, 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 Nation's 
        Reservation; or
            ``(B) the land described in paragraph (2).

``SEC. 315. TRUST FUND.

    ``(a) Reauthorization.--Congress reauthorizes the trust fund 
established 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.
    ``(b) Expenditure and Investment.--Subject to the limitations of 
subsection (d), the principal and all accrued interest and dividends in 
the trust fund established under section 309 of the 1982 Act may be--
        ``(1) expended by the Nation for any governmental purpose; and
        ``(2) invested by the Nation in accordance with such policies 
    as the Nation may adopt.
    ``(c) Responsibility of Secretary.--The Secretary shall not--
        ``(1) be responsible for the review, approval, or audit of the 
    use and expenditure of any funds from the trust fund reauthorized 
    by subsection (a); or
        ``(2) be subject to liability for any claim or cause of action 
    arising from the use or expenditure by the Nation of those funds.
    ``(d) Conditions of Trust.--
        ``(1) Reserve for the cost of subjugation.--The Nation shall 
    reserve in the trust fund reauthorized by subsection (a)--
            ``(A) the principal amount of at least $3,000,000; and
            ``(B) interest on that amount that accrues during the 
        period beginning on the enforceability 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 
            enforceability date.
        ``(2) Payment.--The costs described in paragraph (1) shall be 
    paid in the amount, on the terms, and for the purposes prescribed 
    in section 307(a)(1)(F).
        ``(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 paragraph (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. 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 Central Arizona Project water under this title 
does not affect any future allocation or reallocation of Central 
Arizona Project water by the Secretary.
    ``(c) 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 Nation or the San Xavier 
        District under this Act; or
            ``(B) to review or approve the expenditure of those funds.
        ``(2) Indemnification.--The Nation 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. 317. AUTHORIZED COSTS.

    ``(a) In General.--There are authorized to be appropriated--
        ``(1) to construct features of irrigation systems described in 
    paragraphs (1) through (4) 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 subparagraph is initiated, as 
        indicated by engineering cost indices applicable to the type of 
        construction involved;
        ``(2) $18,300,000 in lieu of construction to implement section 
    304(c)(3)(B), including an adjustment representing interest that 
    would have been earned if this amount had been deposited in the 
    cooperative fund during the period beginning on January 1, 2008, 
    and ending on the date the amount is actually paid to the San 
    Xavier District;
        ``(3) $891,200 to develop and initiate a water management plan 
    for the San Xavier Reservation under section 308(d);
        ``(4) $237,200 to develop and initiate a water management plan 
    for the eastern Schuk Toak District under section 308(d);
        ``(5) $4,000,000 to complete the water resources study under 
    section 311(d);
        ``(6) $215,000 to develop and initiate a groundwater monitoring 
    program for the San Xavier Reservation under section 311(c)(1);
        ``(7) $175,000 to develop and implement a groundwater 
    monitoring program for the eastern Schuk Toak District under 
    section 311(c)(2);
        ``(8) $250,000 to complete the Asarco land exchange study under 
    section 311(f); and
        ``(9) such additional sums as are necessary to carry out the 
    provisions of this title other than the provisions referred to in 
    paragraphs (1) through (8).
    ``(b) Treatment of Appropriated Amounts.--Amounts made available 
under subsection (a) shall 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) of the Arizona Water Settlements Act).''.
    SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE DATE.
    (a) Definitions.--The definitions under section 301 of the Southern 
Arizona Water Rights Settlement Amendments Act of 2004 (as contained in 
the amendment made by section 301) shall apply to this title.
    (b) Effective Date.--This title and the amendments made by this 
title take effect as of the enforceability date, which is the date 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 or an amendment made by 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) of the Southern Arizona Water Rights 
    Settlement Amendments Act of 2004 (as contained in the amendment 
    made by section 301) have executed those agreements;
        (3) the Secretary has approved the interim allottee water 
    rights code described in section 308(b)(3)(A) of the Southern 
    Arizona Water Rights Settlement Amendments Act of 2004 (as 
    contained in the amendment made by section 301);
        (4) final dismissal with prejudice has been entered in each of 
    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 17.1 has been approved by the State 
    court having jurisdiction over the Gila River adjudication 
    proceedings, and that judgment and decree have become final and 
    nonappealable;
        (6) implementation costs have been identified and retained in 
    the Lower Colorado River Basin Development Fund, specifically--
            (A) $18,300,000 to implement section 304(c)(3);
            (B) $891,200 to implement a water management plan for the 
        San Xavier Reservation under section 308(d) of the Southern 
        Arizona Water Rights Settlement Amendments Act of 2004 (as 
        contained in the amendment made by section 301);
            (C) $237,200 to implement a water management plan for the 
        eastern Schuk Toak District under section 308(d) of the 
        Southern Arizona Water Rights Settlement Amendments Act of 2004 
        (as contained in the amendment made by section 301);
            (D) $4,000,000 to complete the water resources study under 
        section 311(d) of the Southern Arizona Water Rights Settlement 
        Amendments Act of 2004 (as contained in the amendment made by 
        section 301);
            (E) $215,000 to develop and implement a groundwater 
        monitoring program for the San Xavier Reservation under section 
        311(c)(1) of the Southern Arizona Water Rights Settlement 
        Amendments Act of 2004 (as contained in the amendment made by 
        section 301);
            (F) $175,000 to develop and implement a groundwater 
        monitoring program for the eastern Schuk Toak District under 
        section 311(c)(2) of the Southern Arizona Water Rights 
        Settlement Amendments Act of 2004 (as contained in the 
        amendment made by section 301); and
            (G) $250,000 to complete the Asarco land exchange study 
        under section 311(f) of the Southern Arizona Water Rights 
        Settlement Amendments Act of 2004 (as contained in the 
        amendment made by section 301);
        (7) the State has enacted legislation that--
            (A) qualifies the Nation to earn long-term storage credits 
        under the Asarco agreement;
            (B) implements the San Xavier groundwater protection 
        program in accordance with paragraph 8.8 of the Tohono O'odham 
        settlement agreement;
            (C) enables the State to carry out section 306(b); and
            (D) confirms the jurisdiction of the State court having 
        jurisdiction over Gila River adjudication proceedings and 
        decrees to carry out the provisions of sections 312(d) and 
        312(h) of the Southern Arizona Water Rights Settlement 
        Amendments Act of 2004 (as contained in the amendment made by 
        section 301);
        (8) the Secretary and the State have agreed to an acceptable 
    firming schedule referred to in section 105(b)(2)(C); and
        (9) 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 as provided in section 
    207.
    (c) Failure To Publish Statement of Findings.--If the Secretary 
does not publish a statement of findings under subsection (a) by 
December 31, 2007--
        (1) the 1982 Act shall remain in full force and effect;
        (2) this title shall not take effect; and
        (3) any funds made available by the State under this title that 
    are not expended, together with any interest on those funds, shall 
    immediately revert to the State.

       TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT

    SEC. 401. EFFECT OF TITLES I, II, AND III.
    None of the provisions of title I, II, or III or the agreements, 
attachments, exhibits, or stipulations referenced in those titles shall 
be construed to--
        (1) amend, alter, or limit the authority of--
            (A) the United States to assert any claim against any 
        party, including any claim for water rights, injury to water 
        rights, or injury to water quality in its capacity as trustee 
        for the San Carlos Apache Tribe, its members and allottees, or 
        in any other capacity on behalf of the San Carlos Apache Tribe, 
        its members, and allottees, in any judicial, administrative, or 
        legislative proceeding; or
            (B) the San Carlos Apache Tribe to assert any claim against 
        any party, including any claim for water rights, injury to 
        water rights, or injury to water quality in its own behalf or 
        on behalf of its members and allottees in any judicial, 
        administrative, or legislative proceeding consistent with title 
        XXXVII of Public Law 102-575 (106 Stat. 4600, 4740); or
        (2) amend or alter the CAP Contract for the San Carlos Apache 
    Tribe dated December 11, 1980, as amended April 29, 1999.

SEC. 402. ANNUAL REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act and annually thereafter, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives a report that 
describes the status of efforts to reach a negotiated agreement 
covering the Gila River water rights claims of the San Carlos Apache 
Tribe.
    (b) Termination.--This section shall be of no effect after the 
later of--
        (1) the date that is 3 years after the date of enactment of 
    this Act; or
        (2) the date on which the Secretary submits a third annual 
    report under this section.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    (a) San Carlos Apache Tribe.--There is authorized to be 
appropriated to assist the San Carlos Apache Tribe in completing 
comprehensive water resources negotiations leading to a comprehensive 
Gila River water settlement for the Tribe, including soil and water 
technical analyses, legal, paralegal, and other related efforts, 
$150,000 for fiscal year 2006.
    (b) White Mountain Apache Tribe.--There is authorized to be 
appropriated to assist the White Mountain Apache Tribe in completing 
comprehensive water resources negotiations leading to a comprehensive 
water settlement for the Tribe, including soil and water technical 
analyses, legal, paralegal, and other related efforts, $150,000 for 
fiscal year 2006.
    (c) Other Arizona Indian Tribes.--There is authorized to be 
appropriated to the Secretary to assist Arizona Indian tribes (other 
than those specified in subsections (a) and (b)) in completing 
comprehensive water resources negotiations leading to a comprehensive 
water settlement for the Arizona Indian tribes, including soil and 
water technical analyses, legal, paralegal, and other related efforts, 
$300,000 for fiscal year 2006.
    (d) No Limitation on Other Funding.--Amounts made available under 
subsections (a), (b), and (c) shall not limit, and shall be in addition 
to, other amounts available for Arizona tribal water rights 
negotiations leading to comprehensive water settlements.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.