[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Engrossed in Senate (ES)]
108th CONGRESS
2d Session
S. 437
_______________________________________________________________________
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.
Passed the Senate October 10, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 437
_______________________________________________________________________
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.