[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.