    [Congressional Bills 108th Congress]
    [From the U.S. Government Publishing Office]
    [S. 437 Reported in Senate (RS)]

                                                           Calendar No. 719
    108th CONGRESS
      2d Session
                                     S. 437

                              [Report No. 108-360]

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

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                               September 25, 2003

       Mr. Kyl (for himself, Mr. McCain, and Mr. Johnson) introduced the
     following bill; which was read twice and referred to the Committee on
                          Energy and Natural Resources

                               September 28, 2004

                  Reported by Mr. Domenici, with an amendment
     [Strike out all after the enacting clause and insert the part printed
                                   in italic]

    _______________________________________________________________________

                                     A BILL

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

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    <DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

    <DELETED>    (a) Short Title.--This Act may be cited as the ``Arizona
    Water Settlements Act''.</DELETED>
    <DELETED>    (b) Table of Contents.--The table of contents of this Act
    is as follows:</DELETED>

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

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

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

    <DELETED>Sec. 301. Southern Arizona water rights settlement.
    <DELETED>Sec. 302. Southern Arizona water rights settlement effective
                                date.
       <DELETED>TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT

    <DELETED>SEC. 2. DEFINITIONS.</DELETED>

    <DELETED>    In titles I and II:</DELETED>
            <DELETED>    (1) Acre-feet.--The term ``acre-feet'' means acre-
            feet per year.</DELETED>
            <DELETED>    (2) After-acquired trust land.--The term ``after-
            acquired trust land'' means land that--</DELETED>
                    <DELETED>    (A) is located--</DELETED>
                            <DELETED>    (i) within the State;
                            but</DELETED>
                            <DELETED>    (ii) outside the exterior
                            boundaries of the Reservation; and</DELETED>
                    <DELETED>    (B) is taken into trust by the United
                    States for the benefit of the Community after the
                    enforceability date.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (4) Allottee.--The term ``allottee'' means a
            person that holds a beneficial real property interest in an
            Indian allotment that is--</DELETED>
                    <DELETED>    (A) located within the Reservation;
                    and</DELETED>
                    <DELETED>    (B) held in trust by the United
                    States.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (6) Asarco.--The term ``Asarco'' means Asarco
            Incorporated, a New Jersey corporation of that name, and its
            subsidiaries operating mining operations in the
            State.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (9) CAP repayment contract.--</DELETED>
                    <DELETED>    (A) In general.--The term ``CAP repayment
                    contract'' means the contract dated December 1, 1988
                    (Contract No. 14-06-W-245, Amendment No. 1) between the
                    United States and the Central Arizona Water
                    Conservation District for the delivery of water and the
                    repayment of costs of the Central Arizona
                    Project.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``CAP repayment
                    contract'' includes all amendments to and revisions of
                    that contract.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (11) CAP system.--The term ``CAP system'' means--
            </DELETED>
                    <DELETED>    (A) the Mark Wilmer Pumping
                    Plant;</DELETED>
                    <DELETED>    (B) the Hayden-Rhodes Aqueduct;</DELETED>
                    <DELETED>    (C) the Fannin-McFarland
                    Aqueduct;</DELETED>
                    <DELETED>    (D) the Tucson Aqueduct;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (F) any extensions of, additions to, or
                    replacements for the features described in
                    subparagraphs (A) through (E).</DELETED>
            <DELETED>    (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.).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (14) Cities.--The term ``Cities'' means the cities
            of Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, and
            Scottsdale, Arizona.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (16) Community cap water.--The term ``Community
            CAP water'' means water to which the Community is entitled
            under the water delivery contract.</DELETED>
            <DELETED>    (17) Community repayment contract.--</DELETED>
                    <DELETED>    (A) In general.--The term ``Community
                    repayment contract'' means Contract No. 6-07-03-W0345
                    between the United States and the Community dated May
                    4, 1998, providing for the construction of water
                    delivery facilities on the Reservation.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``Community
                    repayment contract'' includes any amendments to the
                    contract described in subparagraph (A).</DELETED>
            <DELETED>    (18) Community water delivery contract.--
            </DELETED>
                    <DELETED>    (A) In general.--The term ``Community
                    water delivery contract'' means Contract No. 3-07-30-
                    W0284 between the Community and the United States dated
                    October 22, 1992.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``Community
                    water delivery contract'' includes any amendments to
                    the contract described in subparagraph (A).</DELETED>
            <DELETED>    (19) CRR project works.--</DELETED>
                    <DELETED>    (A) In general.--The term ``CRR Project
                    works'' means the portions of the San Carlos Irrigation
                    Project located on the Reservation.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (20) Director.--The term ``Director'' means--
            </DELETED>
                    <DELETED>    (A) the Director of the Arizona Department
                    of Water Resources; or</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (21) Enforceability date.--The term
            ``enforceability date'' means the date on which the Secretary
            publishes in the Federal Register the statement of findings
            described in section 207(d).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (23) Fixed om&r charge.--The term ``fixed OM&R
            charge'' has the meaning given the term in the repayment
            stipulation.</DELETED>
            <DELETED>    (24) Gila river adjudication proceedings.--The
            term ``Gila River adjudication proceedings'' means the action
            pending in the Superior Court of the State of Arizona in and
            for the County of Maricopa styled ``In Re the General
            Adjudication of All Rights To Use Water In The Gila River
            System and Source'' W-1 (Salt), W-2 (Verde), W-3 (Upper Gila),
            W-4 (San Pedro) (Consolidated).</DELETED>
            <DELETED>    (25) Gila river agreement.--</DELETED>
                    <DELETED>    (A) In general.--The term ``Gila River
                    agreement'' means the agreement entitled the ``Gila
                    River Indian Community Water Rights Settlement
                    Agreement'', dated July 1, 2002.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``Gila River
                    agreement'' includes--</DELETED>
                            <DELETED>    (i) all exhibits to that
                            agreement; and</DELETED>
                            <DELETED>    (ii) any amendment to that
                            agreement or to an exhibit to that agreement
                            made or added pursuant to that
                            agreement.</DELETED>
            <DELETED>    (26) Globe equity decree.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``Globe Equity
                    Decree'' includes all court orders and decisions
                    supplemental to that decree.</DELETED>
            <DELETED>    (27) Haggard decree.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``Haggard
                    Decree'' includes all court orders and decisions
                    supplemental to that decree.</DELETED>
            <DELETED>    (28) Including.--The term ``including'' has the
            same meaning as the term ``including, but not limited
            to''.</DELETED>
            <DELETED>    (29) Injury to water quality.--The term ``injury
            to water quality'' means any contamination, diminution, or
            deprivation of water quality under Federal, State, or other
            law.</DELETED>
            <DELETED>    (30) Injury to water rights.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Inclusion.--The term ``injury to water
                    rights'' includes a change in the underground water
                    table and any effect of such a change.</DELETED>
                    <DELETED>    (C) Exclusion.-- The term ``injury to
                    water rights'' does not include subsidence damage or
                    injury to water quality.</DELETED>
            <DELETED>    (31) Lower colorado river basin development
            fund.--The term ``Lower Colorado River Basin Development Fund''
            means the fund established by section 403 of the Colorado River
            Basin Project Act (43 U.S.C. 1543).</DELETED>
            <DELETED>    (32) Master agreement.--The term ``master
            agreement'' means the agreement entitled ``Arizona Water
            Settlement Agreement'' entered into by the Director, the
            Central Arizona Water Conservation District, and the Secretary,
            dated July 1, 2002.</DELETED>
            <DELETED>    (33) Off-reservation trust land.--The term ``off-
            Reservation trust land'' means land outside the exterior
            boundaries of the Reservation that is held in trust by the
            United States for the benefit of the Community and the
            Community members as of the enforceability date.</DELETED>
            <DELETED>    (34) Phelps dodge.--The term ``Phelps Dodge''
            means the Phelps Dodge Corporation, a New York corporation of
            that name, and its subsidiaries, successors, or
            assigns.</DELETED>
            <DELETED>    (35) Repayment stipulation.--</DELETED>
                    <DELETED>    (A) In general.--The term ``repayment
                    stipulation'' means the Stipulation Regarding a Stay of
                    Litigation, Resolution of Issues During the Stay, and
                    for Ultimate Judgment Upon the Satisfaction of
                    Conditions, filed with the United States District Court
                    for the District of Arizona on May 3, 2000, in Central
                    Arizona Water Conservation District v. United States,
                    et al., No. CIV 95-625-TUC-WDB(EHC), No. CIV 95-1720-
                    PHX-EHC (Consolidated Action).</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``repayment
                    stipulation'' includes any amendment to or revision of
                    the stipulation described in subparagraph
                    (A).</DELETED>
            <DELETED>    (36) Reservation.--</DELETED>
                    <DELETED>    (A) In general.--The term ``Reservation''
                    means the land located within the exterior boundaries
                    of the reservation created under sections 3 and 4 of
                    the Act of February 28, 1859 (11 Stat. 401, chapter
                    LXVI) and Executive Orders of August 31, 1876, June 14,
                    1879, May 5, 1882, November 15, 1883, July 31, 1911,
                    June 2, 1913, August 27, 1914, and July 19,
                    1915.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (37) Roosevelt habitat conservation plan.--The
            term ``Roosevelt Habitat Conservation Plan'' means the habitat
            conservation plan approved by the United States Fish and
            Wildlife Service under section 10(a)(1)(B) of the Endangered
            Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) for the
            incidental taking of endangered, threatened, and candidate
            species resulting from the continued operation by the Salt
            River Project of Roosevelt Dam and Lake, near Phoenix,
            Arizona.</DELETED>
            <DELETED>    (38) Roosevelt water conservation district.--The
            term ``Roosevelt Water Conservation District'' means the entity
            of that name that is a political subdivision of the State and
            an irrigation district organized under the law of the
            State.</DELETED>
            <DELETED>    (39) Safford.--The term ``Safford'' means the city
            of Safford, Arizona.</DELETED>
            <DELETED>    (40) Salt river project.--The term ``Salt River
            Project'' means the Salt River Project Agricultural Improvement
            and Power District, a political subdivision of the State, and
            the Salt River Valley Water Users' Association, an Arizona
            Territorial corporation.</DELETED>
            <DELETED>    (41) San carlos apache tribe.--The term ``San
            Carlos Apache Tribe'' means the San Carlos Apache Tribe, a
            tribe of Apache Indians organized under Section 16 of the
            Indian Reorganization Act of June 18, 1934, 48 Stat. 987 (25
            U.S.C. 476).</DELETED>
            <DELETED>    (42) San carlos irrigation and drainage
            district.--The term ``San Carlos Irrigation and Drainage
            District'' means the entity of that name that is a political
            subdivision of the State and an irrigation and drainage
            district organized under the laws of the State.</DELETED>
            <DELETED>    (43) San carlos irrigation project.--</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (B) Inclusions.--The term ``San Carlos
                    Irrigation Project'' includes any amendments and
                    supplements to the Act described in subparagraph
                    (A).</DELETED>
            <DELETED>    (44) Secretary.--The term ``Secretary'' means the
            Secretary of the Interior.</DELETED>
            <DELETED>    (45) Special hot lands.--The term ``special hot
            lands'' has the meaning given the term in subparagraph 2.34 of
            the UVD agreement.</DELETED>
            <DELETED>    (46) State.--The term ``State'' means the State of
            Arizona.</DELETED>
            <DELETED>    (47) Subcontract.--</DELETED>
                    <DELETED>    (A) In general.--The term ``subcontract''
                    means a Central Arizona Project water delivery
                    subcontract.</DELETED>
                    <DELETED>    (B) Inclusion.--The term ``subcontract''
                    includes an amendment to a subcontract.</DELETED>
            <DELETED>    (48) Subsidence damage.--The term ``subsidence
            damage'' means injury to land, water, or other real property
            resulting from the settling of geologic strata or cracking in
            the surface of the Earth of any length or depth, which settling
            or cracking is caused by the pumping of underground
            water.</DELETED>
            <DELETED>    (49) TBI eligible acres.--The term ``TBI eligible
            acres'' has the meaning given the term in subparagraph 2.37 of
            the UVD agreement.</DELETED>
            <DELETED>    (50) Uncontracted municipal and industrial
            water.--The term ``uncontracted municipal and industrial
            water'' means Central Arizona Project municipal and industrial
            priority water that is not subject to subcontract on the date
            of enactment of this Act.</DELETED>
            <DELETED>    (51) UV decreed acres.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Exclusion.--The term ``UV decreed
                    acres'' does not include the reservation of the San
                    Carlos Apache Tribe.</DELETED>
            <DELETED>    (52) UV decreed water rights.--The term ``UV
            decreed water rights'' means the right to divert water for use
            on UV decreed acres in accordance with the Globe Equity
            Decree.</DELETED>
            <DELETED>    (53) UV subjugated land.--The term ``UV subjugated
            land'' has the meaning given the term in subparagraph 2.50 of
            the UVD agreement.</DELETED>
            <DELETED>    (54) UVD agreement.--The term ``UVD agreement''
            means the agreement among the Community, the United States, the
            San Carlos Irrigation and Drainage District, the Franklin
            Irrigation District, the Gila Valley Irrigation District, and
            other parties located in the upper valley of the Gila River,
            dated July 1, 2002.</DELETED>
            <DELETED>    (55) UVD settling parties.--The term ``UVD
            settling parties'' means the parties to the UVD agreement other
            than the United States, the San Carlos Irrigation and Drainage
            District, and the Community.</DELETED>
            <DELETED>    (56) Water om&r fund.--The term ``Water OM&R
            Fund'' means the Gila River Indian Community Water OM&R Trust
            Fund established by section 208.</DELETED>
            <DELETED>    (57) Water right.--The term ``water right'' means
            any right in or to groundwater, surface water, or effluent
            under Federal, State, or other law.</DELETED>
            <DELETED>    (58) Water rights appurtenant to nm 381 acres.--
            The term ``water rights appurtenant to NM 381 acres'' means the
            water rights--</DELETED>
                    <DELETED>    (A) appurtenant to the 380.81 acres
                    described in the decree in Arizona v. California, 376
                    U.S. 340, 349 (1964); and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (59) Water rights for nm domestic purposes.--The
            term ``water rights for NM domestic purposes'' means the water
            rights for domestic purposes of not more than 265 acre-feet of
            water for consumptive use described in paragraph IV(D)(2) of
            the decree in Arizona v. California, 376 U.S. 340, 350
            (1964).</DELETED>
            <DELETED>    (60) 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.</DELETED>
            <DELETED>    (61) 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.</DELETED>
            <DELETED>    (62) 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.</DELETED>

         <DELETED>TITLE I--CENTRAL ARIZONA PROJECT SETTLEMENT</DELETED>

    <DELETED>SEC. 101. SHORT TITLE.</DELETED>

    <DELETED>    This title may be cited as the ``Central Arizona Project
    Settlement Act of 2003''.</DELETED>

    <DELETED>SEC. 102. FINDINGS.</DELETED>

    <DELETED>    Congress finds that--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (2) an agreement on the allocation of Central
            Arizona Project water among interested persons, including
            Federal and State interests, would provide important benefits
            to the Federal Government, the State of Arizona, and the
            citizens of the State.</DELETED>

    <DELETED>SEC. 103. GENERAL PERMISSIBLE USES OF THE CENTRAL ARIZONA
                  PROJECT.</DELETED>

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

    <DELETED>SEC. 104. ALLOCATION OF CENTRAL ARIZONA PROJECT
                  WATER.</DELETED>

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

    <DELETED>SEC. 105. FIRMING OF CENTRAL ARIZONA PROJECT INDIAN
                  WATER.</DELETED>

    <DELETED>    (a) Firming Program.--The Secretary and the State shall
    develop a firming program to ensure that 60,648 acre-feet of the
    agricultural priority water made available pursuant to the master
    agreement and reallocated to Arizona Indian tribes under subsection
    104(a)(1), shall, for a 100-year period, be delivered during water
    shortages in the same manner as water with a municipal and industrial
    delivery priority in the Central Arizona Project system is delivered
    during water shortages.</DELETED>
    <DELETED>    (b) Duties.--</DELETED>
            <DELETED>    (1) Secretary.--The Secretary shall--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) firm 8,724 acre-feet of agricultural
                    priority water reallocated to Arizona Indian tribes
                    under section 104(a)(1)(A)(iii).</DELETED>
            <DELETED>    (2) State.--The State shall--</DELETED>
                    <DELETED>    (A) firm 15,000 acre-feet of agricultural
                    priority water reallocated to the Gila River Indian
                    Community under section 104(a)(1)(A)(i);</DELETED>
                    <DELETED>    (B) firm 8,724 acre-feet of agricultural
                    priority water reallocated to Arizona Indian tribes
                    under section 104(a)(1)(A)(iii); and</DELETED>
                    <DELETED>    (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).</DELETED>
    <DELETED>    (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).</DELETED>

    <DELETED>SEC. 106. ACQUISITION OF AGRICULTURAL PRIORITY
                  WATER.</DELETED>

    <DELETED>    (a) Approval of Agreement.--</DELETED>
            <DELETED>    (1) In general.--The master agreement is
            authorized, ratified, and confirmed.</DELETED>
            <DELETED>    (2) Exhibits.--The Secretary shall execute any of
            the exhibits to the master agreement that have not been
            executed as of the date of enactment of this Act.</DELETED>
    <DELETED>    (b) Nonreimbursable Debt.--In accordance with the master
    agreement, the portion of debt incurred under section 9(d) of the Act
    of August 4, 1939 (commonly known as the ``Reclamation Project Act of
    1939'') (43 U.S.C. 485h), and identified in the master agreement as
    nonreimbursable to the United States, shall be nonreimbursable and
    nonreturnable to the United States in an amount not to exceed
    $73,561,337.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) land within the exterior boundaries of the
            Central Arizona Water Conservation District or served by
            Central Arizona Project water;</DELETED>
            <DELETED>    (2) land within the exterior boundaries of the
            Salt River Reservoir District;</DELETED>
            <DELETED>    (3) land held in trust by the United States for an
            Arizona Indian tribe that is--</DELETED>
                    <DELETED>    (A) within the exterior boundaries of the
                    Central Arizona Water Conservation District;
                    or</DELETED>
                    <DELETED>    (B) served by Central Arizona Project
                    water; and</DELETED>
            <DELETED>    (4) any person, entity, or land, solely on the
            basis of--</DELETED>
                    <DELETED>    (A) receipt of any benefits under this
                    Act;</DELETED>
                    <DELETED>    (B) execution or performance of the Gila
                    River agreement; or</DELETED>
                    <DELETED>    (C) the use, storage, delivery, lease, or
                    exchange of Central Arizona Project water.</DELETED>

    <DELETED>SEC. 107. LOWER COLORADO RIVER BASIN DEVELOPMENT
                  FUND.</DELETED>

    <DELETED>    (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:</DELETED>
    <DELETED>    ``(f) Additional Uses of Revenue Funds.--</DELETED>
            <DELETED>    ``(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 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.</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) to pay fixed operation, maintenance,
                    and replacement charges associated with the delivery of
                    Central Arizona Project water under long-term contracts
                    for use by Arizona Indian tribes (as defined in section
                    2 of the Arizona Water Settlements Act);</DELETED>
                    <DELETED>    ``(B) to make deposits, totaling
                    $53,000,000 in the aggregate, in the Gila River Indian
                    Community Water OM&R Trust Fund established by section
                    207 of the Gila River Indian Community Water Rights
                    Settlement Act of 2003;</DELETED>
                    <DELETED>    ``(C) to pay an amount equal to
                    $147,000,000, adjusted to reflect changes since January
                    1, 2000, in the Consumer Price Index for all urban
                    consumers published by the Department of Labor, to the
                    Gila River Indian Community to rehabilitate the San
                    Carlos Irrigation Project, of which not more than
                    $25,000,000 shall be available annually, on request by
                    the Gila River Indian Community in accordance with
                    attachment 6.5.1 of exhibit 20.1 of the Gila River
                    Indian Community Water Rights Settlement, dated July 1,
                    2002, except that the total amount shall be increased
                    or decreased, as appropriate, based on ordinary
                    fluctuations in construction cost indices applicable to
                    the types of construction involved in the
                    rehabilitation;</DELETED>
                    <DELETED>    ``(D) in addition to amounts made
                    available for the purpose through annual
                    appropriations, and without regard to priority--
                    </DELETED>
                            <DELETED>    ``(i) to pay the costs associated
                            with the construction of distribution systems
                            required to implement the provisions of--
                            </DELETED>
                                    <DELETED>    ``(I) the contract entered
                                    into between the United States and the
                                    Gila River Indian Community, numbered
                                    6-07-03-W0345, and dated May 4,
                                    1998;</DELETED>
                                    <DELETED>    ``(II) section 3707(a)(1)
                                    of the San Carlos Apache Tribe Water
                                    Rights Settlement Act of 1992 (106
                                    Stat. 4747); and</DELETED>
                                    <DELETED>    ``(III) subsections (a)
                                    and (b) of section 304 of the Southern
                                    Arizona Water Rights Settlement
                                    Amendments Act of 2003;</DELETED>
                            <DELETED>    ``(ii) to pay any costs authorized
                            by Congress to be paid (including any costs to
                            construct distribution systems and excluding
                            costs otherwise payable by non-Federal, non-
                            Indian parties) under any Arizona Indian water
                            rights settlement Act enacted after May 9,
                            2000; and</DELETED>
                            <DELETED>    ``(iii) to pay other costs
                            authorized under--</DELETED>
                                    <DELETED>    ``(I) the Gila River
                                    Indian Community Water Rights
                                    Settlement Act of 2003; or</DELETED>
                                    <DELETED>    ``(II) the Southern
                                    Arizona Water Rights Settlement
                                    Amendments Act of 2003;</DELETED>
                    <DELETED>    ``(E) in addition to amounts made
                    available for the purpose through annual
                    appropriations--</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(ii) to make payments to those
                            tribes in accordance with paragraph
                            8(d)(i)(1)(iv) of the Central Arizona Project
                            repayment stipulation (as defined in section 2
                            of the Arizona Water Settlements Act), except
                            that if a water rights settlement Act of
                            Congress authorizes such construction, the
                            applicable tribes shall be treated, and
                            payments shall be made, in accordance with
                            subparagraph (D)(ii); and</DELETED>
                    <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) to pay fixed operation, maintenance
                    and replacement charges associated with the delivery of
                    Central Arizona Project water under long-term contracts
                    held by Arizona Indian tribes (as defined in section 2
                    of the Arizona Water Settlements Act);</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(C) to reimburse the general fund of the
                    Treasury for fixed operation, maintenance, and
                    replacement charges previously paid under paragraph
                    (2)(A);</DELETED>
                    <DELETED>    ``(D) to reimburse the general fund of the
                    Treasury for costs associated with any Indian water
                    rights settlement previously paid under subparagraphs
                    (B) through (E) of paragraph (2);</DELETED>
                    <DELETED>    ``(E) to pay to the general fund of the
                    Treasury the annual installment on any debt relating to
                    the Central Arizona Project under section 9(d) of the
                    Act of August 4, 1939 (commonly known as the
                    ``Reclamation Project Act of 1939'') (43 U.S.C.
                    485h(d)) made nonreimbursable under section 106(b) of
                    the Central Arizona Project Settlement Act of
                    2003;</DELETED>
                    <DELETED>    ``(F) to pay to the general fund of the
                    Treasury the difference between--</DELETED>
                                    <DELETED>    ``(I) the costs of each
                                    unit of the projects authorized under
                                    title III that are repayable by the
                                    Central Arizona Water Conservation
                                    District; and</DELETED>
                                    <DELETED>    ``(II) any costs allocated
                                    to repayable functions under any
                                    Central Arizona Project cost allocation
                                    undertaken by the United States;
                                    and</DELETED>
                    <DELETED>    ``(G) for deposit in the general fund of
                    the Treasury.</DELETED>
            <DELETED>    ``(4) Investment of amounts.--</DELETED>
                    <DELETED>    ``(A) In general.--The Secretary of the
                    Treasury shall invest such portion of the development
                    fund as is not, in the judgment of the Secretary of the
                    Interior, required to meet current needs of the
                    development fund. Investments may be made only in
                    interest-bearing obligations of the United
                    States.</DELETED>
                    <DELETED>    ``(B) Acquisition of obligations.--For the
                    purpose of investments under subparagraph (A),
                    obligations may be acquired--</DELETED>
                            <DELETED>    ``(i) on original issue at the
                            issue price; or</DELETED>
                            <DELETED>    ``(ii) by purchase of outstanding
                            obligations at the market price.</DELETED>
                    <DELETED>    ``(C) Sale of obligations.--Any obligation
                    acquired by the development fund may be sold by the
                    Secretary of the Treasury at the market
                    price.</DELETED>
                    <DELETED>    ``(D) Credits to fund.--The interest on,
                    and the proceeds from the sale or redemption of, any
                    obligations held in the development fund shall be
                    credited to and form a part of the development
                    fund.''.</DELETED>
    <DELETED>    (b) Limitation.--Before the date on which the findings of
    the Secretary under section 207(d) have been published in the Federal
    Register, amounts made available under the amendments in subsection
    (a)--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (2) shall not be expended or withdrawn from that
            fund until the date on which the findings described in section
            207(d) are published in the Federal Register.</DELETED>
    <DELETED>    (c) Technical Amendments.--The Colorado River Basin
    Project Act (43 U.S.C. 1501 et seq.) is amended--</DELETED>
            <DELETED>    (1) in section 403(g), by striking ``clause
            (c)(2)'' and inserting ``subsection (c)(2)'';</DELETED>
            <DELETED>    (2) by striking ``clause'' each other place it
            appears and inserting ``paragraph''; and</DELETED>
            <DELETED>    (3) by striking ``clauses'' each place it appears
            and inserting ``paragraphs''.</DELETED>

    <DELETED>SEC. 108. EFFECT.</DELETED>

    <DELETED>    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--</DELETED>
            <DELETED>    (1) any treaty, law, or agreement governing the
            use of water from the Colorado River; or</DELETED>
            <DELETED>    (2) any existing rights to use Colorado River
            water.</DELETED>

    <DELETED>SEC. 109. REPEAL.</DELETED>

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

    <DELETED>SEC. 110. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (a) In General.--There are authorized to be appropriated
    such sums as are necessary to comply with--</DELETED>
            <DELETED>    (1) the 1994 biological opinion, including any
            funding transfers required by the opinion;</DELETED>
            <DELETED>    (2) the 1996 biological opinion, including any
            funding transfers required by the opinion; and</DELETED>
            <DELETED>    (3) any final biological opinion resulting from
            the 1999 biological opinion, including any funding transfers
            required by the opinion.</DELETED>
    <DELETED>    (b) Construction Costs.--Amounts made available under
    subsection (a) shall be treated as Central Arizona Project construction
    costs.</DELETED>
    <DELETED>    (c) Agreements.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 111. REPEAL ON FAILURE OF ENFORCEABILITY DATE UNDER TITLE
                  II.</DELETED>

    <DELETED>    (a) In General.--Except as provided in subsection (b), if
    the Secretary does not publish a statement of findings under section
    207(d) by December 31, 2007--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (2) any amounts appropriated under section 110
            that remain unexpended shall immediately revert to the general
            fund of the Treasury.</DELETED>
    <DELETED>    (b) Exception.--No subcontract amendment executed by the
    Secretary under the notice of June 4, 2002 (67 Fed. Reg. 38514) shall
    be considered to be a contract entered into by the Secretary for
    purposes of subsection (a)(1).</DELETED>

          <DELETED>TITLE II--GILA RIVER INDIAN COMMUNITY WATER RIGHTS
                              SETTLEMENT</DELETED>

    <DELETED>SEC. 201. SHORT TITLE.</DELETED>

    <DELETED>    This title may be cited as the ``Gila River Indian
    Community Water Rights Settlement Act of 2003''.</DELETED>

    <DELETED>SEC. 202. FINDINGS AND PURPOSES.</DELETED>

    <DELETED>    (a) Findings.--Congress finds that--</DELETED>
            <DELETED>    (1) it is the policy of the United States, in
            keeping with the trust responsibility of the United States to
            Indian tribes--</DELETED>
                    <DELETED>    (A) to promote Indian self-determination
                    and economic self-sufficiency; and</DELETED>
                    <DELETED>    (B) to settle, whenever possible, Indian
                    water rights claims without lengthy and costly
                    litigation;</DELETED>
            <DELETED>    (2) meaningful Indian self-determination and
            economic self-sufficiency largely depend on the development of
            viable Indian reservation economies;</DELETED>
            <DELETED>    (3) the quantification of rights to water and
            development of facilities needed to use tribal water supplies
            in an effective manner is essential to the development of
            viable Indian reservation economies, particularly in arid
            western States;</DELETED>
            <DELETED>    (4) continued uncertainty concerning the extent of
            the entitlement of the Gila River Indian Community to water--
            </DELETED>
                    <DELETED>    (A) has severely limited access by the
                    Community to water and financial resources necessary to
                    develop valuable agricultural land; and</DELETED>
                    <DELETED>    (B) has frustrated the efforts of the
                    Community to achieve meaningful self-determination and
                    self-sufficiency;</DELETED>
            <DELETED>    (5) proceedings to determine and enforce the full
            extent and nature of, and injury to, the water rights of the
            Community are currently pending in the United States District
            Court for the District of Arizona, and water rights claims are
            pending in the Superior Court of the State in and for Maricopa
            County as part of the Gila River adjudication
            proceedings;</DELETED>
            <DELETED>    (6) because final resolution of pending litigation
            would take many years and entail great expense, continue
            economically and socially damaging limits to access to water by
            the Community, prolong uncertainty concerning the availability
            of water supplies, and seriously impair long-term economic
            planning and development, the Community and the neighbors of
            the Community have sought to settle their disputes concerning
            water and reduce the burdens of litigation;</DELETED>
            <DELETED>    (7) after many years of negotiation, the United
            States, the Community, and the neighbors of the Community, many
            of whom are parties to the Gila River adjudication proceedings,
            have entered into a settlement agreement to--</DELETED>
                    <DELETED>    (A) resolve permanently certain damage
                    claims and all water rights claims between the United
                    States and the Community and its neighbors;
                    and</DELETED>
                    <DELETED>    (B) recognize the right of the allottees
                    to use water for irrigation purposes on the
                    Reservation; and</DELETED>
            <DELETED>    (8) to advance the goals of Federal Indian policy
            and to act consistently with the trust responsibility of the
            United States to the Community and the allottees, it is
            appropriate that the United States participate in the
            implementation of the Gila River agreement and contribute funds
            to enable the Community and the allottees to use the water
            entitlements recognized or provided for in the Gila River
            agreement or this title in developing a diverse and efficient
            economy.</DELETED>
    <DELETED>    (b) Purposes.--The purposes of this title are--</DELETED>
            <DELETED>    (1) to authorize, ratify, and confirm the Gila
            River agreement;</DELETED>
            <DELETED>    (2) to authorize and direct the Secretary to
            execute and perform all obligations of the Secretary under the
            Gila River agreement; and</DELETED>
            <DELETED>    (3) to authorize the actions and appropriations
            necessary for the United States to meet obligations of the
            United States under the Gila River agreement and this
            title.</DELETED>

    <DELETED>SEC. 203. APPROVAL OF THE GILA RIVER INDIAN COMMUNITY WATER
                  RIGHTS SETTLEMENT AGREEMENT.</DELETED>

    <DELETED>    (a) In General.--Except to the extent that the Gila River
    agreement conflicts with a provision of this title, the Gila River
    agreement is authorized, ratified, and confirmed.</DELETED>
    <DELETED>    (b) Execution of Agreement.--The Secretary shall execute
    the Gila River agreement, including all exhibits to the Gila River
    agreement requiring the signature of the Secretary and any amendments
    necessary to make the Gila River agreement consistent with this title,
    after the Community has executed the Gila River agreement and any such
    amendments.</DELETED>
    <DELETED>    (c) National Environmental Policy Act.--</DELETED>
            <DELETED>    (1) No major federal action.--Execution of the
            Gila River agreement by the Secretary under this section shall
            not constitute a major Federal action under the National
            Environmental Policy Act (42 U.S.C. 4321 et seq.).</DELETED>
            <DELETED>    (2) Environmental compliance activities.--The
            Secretary shall promptly carry out the environmental compliance
            activities necessary to implement the Gila River agreement,
            including activities under the National Environmental Policy
            Act and the Endangered Species Act (16 U.S.C. 1531 et
            seq.).</DELETED>
            <DELETED>    (3) Lead agency.--The Bureau of Reclamation shall
            be designated as the lead agency with respect to environmental
            compliance.</DELETED>
    <DELETED>    (d) Rehabilitation and Operation, Maintenance, and
    Replacement of Certain Water Works.--</DELETED>
            <DELETED>    (1) In general.--In accordance with this title and
            exhibit 20.1 to the Gila River agreement, and as provided in
            this subsection, the Secretary shall provide for the
            rehabilitation and operation, maintenance, and replacement of
            the San Carlos Irrigation Project water diversion and delivery
            works.</DELETED>
            <DELETED>    (2) Joint control board agreement.--The Secretary
            shall execute the joint control board agreement described in
            exhibit 20.1 to the Gila River agreement.</DELETED>
            <DELETED>    (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)).</DELETED>
            <DELETED>    (4) Rehabilitation costs not allocable to the
            community.--</DELETED>
                    <DELETED>    (A) In general.--The rehabilitation costs
                    not allocable to the Community under exhibit 20.1 to
                    the Gila River agreement shall be provided from--
                    </DELETED>
                            <DELETED>    (i) funds available under
                            paragraph (2)(D)(iii)(I) of section 403(f) of
                            the Colorado River Basin Project Act (43 U.S.C.
                            1543(f)) (as amended by section 107(a));
                            or</DELETED>
                            <DELETED>    (ii) funds made available under
                            section 213(a).</DELETED>
                    <DELETED>    (B) Supplementary repayment contract.--The
                    Secretary shall execute a supplementary repayment
                    contract with the San Carlos Irrigation and Drainage
                    District in the form provided for in exhibit 20.1 to
                    the Gila River agreement which shall, among other
                    things, provide that--</DELETED>
                            <DELETED>    (i) in accomplishing the work
                            under the supplemental repayment contract, the
                            San Carlos Irrigation and Drainage District may
                            use the labor and contracting authorities that
                            are available under State law; and</DELETED>
                            <DELETED>    (ii) a portion of the San Carlos
                            Irrigation and Drainage District's share of the
                            rehabilitation costs specified in exhibit 20.1
                            to the Gila River agreement shall be
                            nonreimbursable.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (6) Operation and maintenance responsibility.--
            </DELETED>
                    <DELETED>    (A) In general.--The Secretary shall
                    retain the operation and maintenance responsibility for
                    the CRR Project works until such time as the Community
                    assumes that responsibility pursuant to applicable
                    law.</DELETED>
                    <DELETED>    (B) Financial responsibility.--The
                    Secretary shall retain sole financial responsibility
                    for the payment, on behalf of the Community, of the
                    portion of the operation and maintenance costs that are
                    attributable to the Community for the operation and
                    maintenance of the San Carlos Irrigation
                    Project.</DELETED>

    <DELETED>SEC. 204. WATER RIGHTS.</DELETED>

    <DELETED>    (a) Rights Held in Trust.--</DELETED>
            <DELETED>    (1) In general.--Subject to paragraph (2), the
            water rights of the Community described in the Gila River
            agreement shall be held in trust by the United States on behalf
            of the Community.</DELETED>
            <DELETED>    (2) Allottees.--As specified in and provided for
            under this Act, allottees shall be entitled to an allocation of
            water for irrigation purposes from the water resources
            described in subparagraph 4.1.1 of the Gila River
            agreement.</DELETED>
            <DELETED>    (3) No authorization.--Nothing in this Act
            authorizes any action, claim, or lawsuit by an allottee against
            any person, entity, corporation, or municipal corporation, or a
            tribal government or the United States, under Federal, State,
            or other law.</DELETED>
    <DELETED>    (b) Reallocation.--In accordance with this title and the
    Gila River agreement, the Secretary shall reallocate to the Community
    and contract for the delivery of--</DELETED>
            <DELETED>    (1) an annual entitlement to 18,600 acre-feet of
            CAP agricultural priority water in accordance with the
            agreement among the Secretary, the Community, and Roosevelt
            Water Conservation District dated August 7, 1992;</DELETED>
            <DELETED>    (2) an annual entitlement to 18,100 acre-feet of
            CAP Indian priority water, which was permanently relinquished
            by Harquahala Valley Irrigation District in accordance with
            Contract No. 3-07-W0290 among the Central Arizona Water
            Conservation District, the Harquahala Valley Irrigation
            District, and the United States, and converted to CAP Indian
            priority water under the Fort McDowell Indian Community Water
            Rights Settlement Act of 1990 (104 Stat. 4480);</DELETED>
            <DELETED>    (3) on execution of an exchange and lease
            agreement among the Community, the United States, and Asarco,
            an annual entitlement to 17,000 acre-feet of CAP municipal and
            industrial priority water under the subcontract among the
            United States, the Central Arizona Water Conservation District,
            and Asarco, Subcontract No. 3-07-30-W0307, dated November 7,
            1993; and</DELETED>
            <DELETED>    (4) as provided in section 104(a)(1)(A)(i), an
            annual entitlement to 102,000 acre-feet of CAP agricultural
            priority water acquired pursuant to the master
            agreement.</DELETED>
    <DELETED>    (c) Water Service Capital Charges.--The Community shall
    not be responsible for water service capital charges for CAP
    water.</DELETED>
    <DELETED>    (d) Allocation and Repayment.--For the purpose of
    determining the allocation and repayment of costs of any stages of the
    Central Arizona Project constructed after the date of enactment of this
    Act, the costs associated with the delivery of Community CAP water,
    whether that water is delivered for use by the Community or in
    accordance with any assignment, exchange, lease, option to lease, or
    other agreement for the temporary disposition of water entered into by
    the Community--</DELETED>
            <DELETED>    (1) shall be nonreimbursable; and</DELETED>
            <DELETED>    (2) shall be excluded from the repayment
            obligation of the Central Arizona Water Conservation
            District.</DELETED>
    <DELETED>    (e) Application of Provisions.--</DELETED>
            <DELETED>    (1) In general.--The water rights recognized and
            confirmed to the Community by the Gila River agreement and this
            title shall be subject to section 7 of the Act of February 8,
            1887 (25 U.S.C. 381).</DELETED>
            <DELETED>    (2) Water code.--Not later than 3 years after the
            enforceability date, the Community shall enact a water code,
            subject to any applicable provision of law, that--</DELETED>
                    <DELETED>    (A) manages, regulates, and controls the
                    water resources on the Reservation;</DELETED>
                    <DELETED>    (B) governs all of the water rights that
                    are held in trust by the United States for the benefit
                    of the Community; and</DELETED>
                    <DELETED>    (C) includes, subject to approval of the
                    Secretary--</DELETED>
                            <DELETED>    (i) a process by which any
                            allottee, or any successor in interest to an
                            allottee, may request and be provided with an
                            allocation of water for irrigation use on
                            allotted land of the allottee; and</DELETED>
                            <DELETED>    (ii) a due process system for the
                            consideration and determination of any request
                            by any allottee, or any successor in interest
                            to an allottee, for 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.</DELETED>
            <DELETED>    (3) Administration.--The Secretary shall
            administer all rights to water granted or confirmed to the
            Community by the Gila River agreement until such date as the
            water code described in paragraph (2) has been enacted and
            approved by the Secretary.</DELETED>

    <DELETED>SEC. 205. COMMUNITY WATER DELIVERY CONTRACT
                  AMENDMENTS.</DELETED>

    <DELETED>    (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--</DELETED>
            <DELETED>    (1) the contract shall be--</DELETED>
                    <DELETED>    (A) for permanent service (within the
                    meaning of section 5 of the Boulder Canyon Project Act
                    (43 U.S.C. 617d)); and</DELETED>
                    <DELETED>    (B) without limit as to term;</DELETED>
            <DELETED>    (2) the Community may, with the approval of the
            Secretary--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (B) the United States shall have no trust
            obligation or other obligation to monitor, administer, or
            account for any consideration received by the Community under
            any such leases or options to lease and exchanges or options to
            exchange;</DELETED>
            <DELETED>    (4)(A) all Community CAP water shall be delivered
            through the CAP system; and</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (5) the Community may use Community CAP water on
            or off the Reservation for Community purposes;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (7) the costs associated with the construction of
            the CAP system--</DELETED>
                    <DELETED>    (A) shall be nonreimbursable;
                    and</DELETED>
                    <DELETED>    (B) shall be excluded from any repayment
                    obligation of the Community; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (b) Amended and Restated Community Water Delivery
    Contract.--Notwithstanding any other provision of law, the Amended and
    Restated Community CAP water Delivery Contract set forth in exhibit 8.2
    to the Gila River agreement is authorized, ratified, and confirmed, and
    the Secretary shall execute the contract.</DELETED>
    <DELETED>    (c) Leases.--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 shall execute the leases.</DELETED>
    <DELETED>    (d) Reclaimed Water Exchange Agreement.--The Reclaimed
    Water Exchange Agreement among the cities of Chandler and Mesa,
    Arizona, the Community, and the United States, attached as exhibit 18.1
    to the Gila River agreement, is authorized, ratified, and confirmed,
    and the Secretary shall execute the agreement.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (f) Prohibitions.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 206. SATISFACTION OF CLAIMS.</DELETED>

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

    <DELETED>SEC. 207. WAIVER AND RELEASE OF CLAIMS.</DELETED>

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

    <DELETED>SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST
                  FUND.</DELETED>

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

    <DELETED>SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.</DELETED>

    <DELETED>    (a) In General.--The Secretary shall establish a program
    under which the Bureau of Reclamation shall repair and remediate
    subsidence damage and related damage that occurs after the
    enforceability date.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) subsidence damage; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (c) Repair or Remediation.--The Secretary shall perform
    the requested repair or remediation if--</DELETED>
            <DELETED>    (1) the Secretary determines that the Community
            has not exceeded its right to withdraw underground water under
            the Gila River agreement; and</DELETED>
            <DELETED>    (2) the Community, Community member, or allottee,
            and the Secretary as trustee for the Community, Community
            member, or allottee, execute a waiver and release of claim in
            the form specified in exhibit 25.5.1, 25.5.2, or 25.5.3 to the
            Gila River agreement, as applicable, to become effective on
            satisfactory completion of the requested repair or remediation,
            as determined under the Gila River agreement.</DELETED>
    <DELETED>    (d) Specific Subsidence Damage.--Notwithstanding any other
    provision of this section, the Secretary, acting through the
    Commissioner of Reclamation, shall repair, remediate, and rehabilitate
    the subsidence damage that has occurred to land within the Reservation,
    as specified in exhibit 29.21 to the Gila River agreement.</DELETED>

    <DELETED>SEC. 210. AFTER-ACQUIRED TRUST LAND.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (b) Water Rights.--After-acquired trust land shall not
    include federally reserved rights to surface water or
    groundwater.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 211. REDUCTION OF WATER RIGHTS.</DELETED>

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

    <DELETED>SEC. 212. MISCELLANEOUS PROVISIONS.</DELETED>

    <DELETED>    (a) Waiver of Sovereign Immunity.--If any party to the
    Gila River agreement brings an action in any court of the United States
    or any State court relating only and directly to the interpretation or
    enforcement of this title or the Gila River agreement (including
    enforcement of any indemnity provisions contained in the Gila River
    agreement and enforcement of an arbitration award rendered pursuant to
    subparagraph 12.1.9 of the UVD agreement or a petition for and
    collection of attorney's fees and costs pursuant to subparagraph 12.3
    of the UVD agreement), and names the United States or the Community as
    a party--</DELETED>
            <DELETED>    (1) the United States, the Community, or both, may
            be joined in any such action; and</DELETED>
            <DELETED>    (2) any claim by the United States or the
            Community to sovereign immunity from the action is waived, but
            only for the limited and sole purpose of such interpretation or
            enforcement (including any indemnity provisions contained in
            the Gila River agreement and enforcement of an arbitration
            award rendered pursuant to subparagraph 12.1.9 of the UVD
            agreement or a petition for and collection of attorney's fees
            and costs pursuant to subparagraph 12.3 of the UVD
            agreement).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (e) Community Repayment Contract.--The Secretary shall
    execute Amendment No. 1 to the Community repayment contract, attached
    as exhibit 8.1 to the Gila River agreement, to provide, among other
    things, that the costs incurred under that contract shall be
    nonreimbursable by the Community.</DELETED>
    <DELETED>    (f) Salt River Project Rights and Contracts.--</DELETED>
            <DELETED>    (1) In general.--Subject to paragraph (2), the
            agreement between the United States and the Salt River Valley
            Water Users' Association dated September 6, 1917, and the
            rights of the Salt River Project to store water from the Salt
            River and Verde River at Roosevelt Dam, Horse Mesa Dam, Mormon
            Flat Dam, Stewart Mountain Dam, Horseshoe Dam, and Bartlett Dam
            and to deliver the stored water to shareholders of the Salt
            River Project and others for all beneficial uses and purposes
            recognized under State law and to the Community under the Gila
            River agreement, are authorized, ratified, and
            confirmed.</DELETED>
            <DELETED>    (2) Priority date; quantification.--The priority
            date and quantification of rights under the agreement described
            in paragraph (1) shall be determined in an appropriate
            proceeding in State court.</DELETED>
            <DELETED>    (3) Care, operation, and maintenance.--The Salt
            River Project shall retain sole authority and responsibility
            for all decisions relating to the care, operation, and
            maintenance of the Salt River Project water delivery system,
            including the Salt River Project reservoirs on the Salt River
            and Verde River, vested in Salt River Project under the
            agreement described in paragraph (1).</DELETED>
    <DELETED>    (g) New Mexico Exchange.--Nothing in this Act affects or
    impairs the right of the State of New Mexico, or any water user in the
    State of New Mexico, to use Gila River water as provided by section 304
    of the Colorado River Basin Project Act (43 U.S.C. 1524).</DELETED>
    <DELETED>    (h) Limitation on Liability of United States.--</DELETED>
            <DELETED>    (1) In general.--The United States shall have no
            trust or other obligation--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) to review or approve the expenditure
                    of those funds.</DELETED>
            <DELETED>    (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).</DELETED>

    <DELETED>SEC. 213. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (a) Authorization of Appropriations.--</DELETED>
            <DELETED>    (1) Rehabilitation of irrigation works.--
            </DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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)).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (5) Safford facility.--There are authorized to be
            appropriated such sums as are necessary to--</DELETED>
                    <DELETED>    (A) retire $13,900,000 of the debt
                    incurred by Safford to pay costs associated with the
                    construction of the Safford facility as identified in
                    exhibit 26.1 to the Gila River agreement; and</DELETED>
                    <DELETED>    (B) pay the interest accrued on that
                    amount.</DELETED>
            <DELETED>    (6) Environmental compliance.--There are
            authorized to be appropriated--</DELETED>
                    <DELETED>    (A) such sums as are necessary to carry
                    out--</DELETED>
                            <DELETED>    (i) all necessary environmental
                            compliance activities and related
                            preconstruction technical analyses associated
                            with the Gila River agreement and this title;
                            and</DELETED>
                            <DELETED>    (ii) any mitigation measures
                            adopted by the Secretary; and</DELETED>
                    <DELETED>    (B) to carry out the mitigation measures
                    in the Roosevelt Habitat Conservation Plan, not more
                    than $10,000,000.</DELETED>
    <DELETED>    (b) Authorized Costs.--</DELETED>
            <DELETED>    (1) In general.--Amounts made available under
            subsection (a) shall be considered to be authorized costs for
            purposes of paragraph (2)(D)(iii) of section 403(f) of the
            Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as
            amended by section 107(a)).</DELETED>
            <DELETED>    (2) Exception.--Amounts made available under
            subsection (a)(4) to carry out section 211(b) shall not be
            considered to be authorized costs for purposes of section
            403(f)(2)(D)(iii) of the Colorado River Basin Project Act (43
            U.S.C. 1543(f)(2)(D)(iii)) (as amended by section
            107(a)).</DELETED>

    <DELETED>SEC. 214. REPEAL ON FAILURE OF ENFORCEABILITY DATE.</DELETED>

    <DELETED>    If the Secretary does not publish a statement of findings
    under section 207(d) by December 31, 2007--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (2) any amounts appropriated under paragraphs (1)
            through (5) of section 213(a), together with any interest on
            those amounts, shall immediately revert to the general fund of
            the Treasury;</DELETED>
            <DELETED>    (3) any amounts made available under section
            213(b) that remain unexpended shall immediately revert to the
            general fund of the Treasury; and</DELETED>
            <DELETED>    (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.</DELETED>

     <DELETED>TITLE III--SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT</DELETED>

    <DELETED>SEC. 301. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT.</DELETED>

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

              <DELETED>``TITLE III--SOUTHERN ARIZONA WATER RIGHTS
                              SETTLEMENT</DELETED>

    <DELETED>``SEC. 301. SHORT TITLE.</DELETED>

    <DELETED>    ``This title may be cited as the `Southern Arizona Water
    Rights Settlement Amendments Act of 2003'.</DELETED>

    <DELETED>``SEC. 302. FINDINGS.</DELETED>

    <DELETED>    ``Congress finds that--</DELETED>
            <DELETED>    ``(1) water rights claims within the San Xavier
            Reservation and the eastern Schuk Toak District of the Tohono
            O'odham Nation, including water rights claims of the Nation and
            allottees, are the subject of lawsuits pending against the
            United States and numerous parties in southern Arizona
            (including mining companies, agricultural interests, and the
            city of Tucson);</DELETED>
            <DELETED>    ``(2) the lawsuits referred to in paragraph (1)--
            </DELETED>
                    <DELETED>    ``(A) are expensive and time-consuming for
                    all participants; and</DELETED>
                    <DELETED>    ``(B) threaten to cause profound adverse
                    impacts on the health and development of the Indian and
                    non-Indian economies of southern Arizona;</DELETED>
            <DELETED>    ``(3) the parties to the lawsuits referred to in
            paragraph (1) and other persons interested in the settlement of
            the water rights claims within the Tucson management area have
            diligently attempted to settle those lawsuits;</DELETED>
            <DELETED>    ``(4) the requirements of paragraph (1) of section
            307(a) of the 1982 Act were met within 1 year of the date of
            enactment of that paragraph in that--</DELETED>
                    <DELETED>    ``(A) on October 11, 1983, the city of
                    Tucson, Arizona, and the United States entered into an
                    agreement--</DELETED>
                            <DELETED>    ``(i) to make available to the
                            Secretary, for disposal in such manner as the
                            Secretary determines appropriate, 28,200 acre-
                            feet of reclaimed water; and</DELETED>
                            <DELETED>    ``(ii) to permit the Secretary to
                            provide terms and conditions under which the
                            Secretary may relinquish to the city of Tucson,
                            Arizona, such quantities of water as are not
                            needed to carry out the duties of the Secretary
                            under the 1982 Act;</DELETED>
                    <DELETED>    ``(B)(i) on October 11, 1983, the city of
                    Tucson, Arizona, the State, and other parties entered
                    into an agreement with the United States to establish a
                    cooperative fund; and</DELETED>
                    <DELETED>    ``(ii) contributions to that fund that
                    were required to be made in accordance with section 313
                    of the 1982 Act were subsequently made;</DELETED>
                    <DELETED>    ``(C) on October 11, 1983, the Nation
                    entered into an agreement with the United States in
                    compliance with section 307(a)(1)(C) of the 1982
                    Act;</DELETED>
                    <DELETED>    ``(D) in the agreement of October 11,
                    1983, between the Nation and the United States, the
                    Nation executed a waiver and release in compliance with
                    section 307(a)(1)(D) of the 1982 Act;</DELETED>
            <DELETED>    ``(5) by providing the assistance specified in
            this title, the United States will enable the implementation of
            a settlement of the lawsuits referred to in paragraph
            (1);</DELETED>
            <DELETED>    ``(6) it is in the long term interest of the
            United States, the State, the Nation, the San Xavier District
            and Schuk Toak District of the Nation, and the non-Indian
            community of southern Arizona, that the United States assist in
            the implementation of a fair and equitable settlement of the
            water rights claims of the Nation and allottees; and</DELETED>
            <DELETED>    ``(7) the settlement provided for under this title
            will--</DELETED>
                    <DELETED>    ``(A) provide flexibility in the
                    management of water resources;</DELETED>
                    <DELETED>    ``(B) encourage the allocation of water
                    resources in accordance with the best uses of the
                    resources;</DELETED>
                    <DELETED>    ``(C) promote the conservation and
                    management of water resources; and</DELETED>
                    <DELETED>    ``(D) carry out the trust responsibility
                    of the United States with respect to--</DELETED>
                            <DELETED>    ``(i) the Nation; and</DELETED>
                            <DELETED>    ``(ii) the allottees.</DELETED>

    <DELETED>``SEC. 303. DEFINITIONS.</DELETED>

    <DELETED>    ``In this title:</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Adams case.--The term `Adams case' means
            Adams v. United States (Civ. No. 93-240 TUC FRZ (D. Ariz.,
            filed January 25, 1993)).</DELETED>
            <DELETED>    ``(3) After-acquired trust land.--The term `after-
            acquired trust land' means land that--</DELETED>
                    <DELETED>    ``(A) is located--</DELETED>
                            <DELETED>    ``(i) within the State;
                            but</DELETED>
                            <DELETED>    ``(ii) outside the exterior
                            boundaries of the Nation's Reservation;
                            and</DELETED>
                    <DELETED>    ``(B) is taken into trust by the United
                    States for the benefit of the Nation after the
                    enforceability date.</DELETED>
            <DELETED>    ``(4) Agreement of december 11, 1980.--The term
            `agreement of December 11, 1980' means the contract for
            delivery of Central Arizona Project water entered into by the
            United States and the Nation on December 11, 1980.</DELETED>
            <DELETED>    ``(5) Agreement of october 11, 1983.--The term
            `agreement of October 11, 1983' means the contract for the
            provision of water and the settlement of claims to water under
            the 1982 Act entered into by the United States and the Nation
            on October 11, 1983.</DELETED>
            <DELETED>    ``(6) Allottee.--The term `allottee' means a
            person that holds a beneficial real property interest in an
            Indian allotment that is--</DELETED>
                    <DELETED>    ``(A) located within the Reservation;
                    and</DELETED>
                    <DELETED>    ``(B) held in trust by the United
                    States.</DELETED>
            <DELETED>    ``(7) Allottee class.--The term `allottee class'
            means an applicable plaintiff class certified by the court of
            jurisdiction in--</DELETED>
                    <DELETED>    ``(A) the Alvarez case; or</DELETED>
                    <DELETED>    ``(B) the Tucson case.</DELETED>
            <DELETED>    ``(8) Alvarez case.--The term `Alvarez case' means
            the first through fourth causes of action of the third amended
            complaint in Alvarez v. City of Tucson (Civ. No. 93-039 TUC FRZ
            (D. Ariz., filed April 21, 1993)).</DELETED>
            <DELETED>    ``(9) Applicable law.--The term `applicable law'
            means any applicable Federal, State, tribal, or local
            law.</DELETED>
            <DELETED>    ``(10) Asarco.--The term `Asarco' means Asarco
            Incorporated, a New Jersey corporation of that name, and its
            subsidiaries operating mining operations in the
            State.</DELETED>
            <DELETED>    ``(11) Asarco agreement.--The term `Asarco
            agreement' means the agreement by that name attached to the
            Tohono O'odham settlement agreement as exhibit 13.1.</DELETED>
            <DELETED>    ``(12) CAP repayment contract.--</DELETED>
                    <DELETED>    ``(A) In general.--The term `CAP repayment
                    contract' means the contract dated December 1, 1988
                    (Contract No. 14-06-W-245, Amendment No. 1) between the
                    United States and the Central Arizona Water
                    Conservation District for the delivery of water and the
                    repayment of costs of the Central Arizona
                    Project.</DELETED>
                    <DELETED>    ``(B) Inclusions.--The term `CAP repayment
                    contract' includes all amendments to and revisions of
                    that contract.</DELETED>
            <DELETED>    ``(13) Central arizona project.--The term `Central
            Arizona Project' means the reclamation project authorized and
            constructed by the United States in accordance with title III
            of the Colorado River Basin Project Act (43 U.S.C. 1521 et
            seq.).</DELETED>
            <DELETED>    ``(14) Central arizona project link pipeline.--The
            term `Central Arizona Project link pipeline' means the pipeline
            extending from the Tucson Aqueduct of the Central Arizona
            Project to a point within the cooperative farm.</DELETED>
            <DELETED>    ``(15) Central arizona project service area.--The
            term `Central Arizona Project service area' means--</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(B) any expansion of that area under
                    applicable law.</DELETED>
            <DELETED>    ``(16) Central arizona water conservation
            district.--The term `Central Arizona Water Conservation
            District' means the political subdivision of the State that is
            the contractor under the CAP repayment contract.</DELETED>
            <DELETED>    ``(17) Cooperative farm.--The term `cooperative
            farm' means the farm on land served by an irrigation system and
            the extension of the irrigation system provided for under
            paragraphs (1) and (2) of section 304(c).</DELETED>
            <DELETED>    ``(18) Cooperative fund.--The term `cooperative
            fund' means the cooperative fund established by section 313 of
            the 1982 Act and reauthorized by section 310.</DELETED>
            <DELETED>    ``(19) Delivery and distribution system.--
            </DELETED>
                    <DELETED>    ``(A) In general.--The term `delivery and
                    distribution system' means--</DELETED>
                            <DELETED>    ``(i) the Central Arizona Project
                            aqueduct;</DELETED>
                            <DELETED>    ``(ii) the Central Arizona Project
                            link pipeline; and</DELETED>
                            <DELETED>    ``(iii) the pipelines, canals,
                            aqueducts, conduits, and other necessary
                            facilities for the delivery of water under the
                            Central Arizona Project.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(20) Eastern schuk toak district.--The term
            `eastern Schuk Toak District' means the portion of the Schuk
            Toak District (1 of 11 political subdivisions of the Nation
            established under the constitution of the Nation) that is
            located within the Tucson management area.</DELETED>
            <DELETED>    ``(21) 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).</DELETED>
            <DELETED>    ``(22) Exempt well.--The term `exempt well' means
            a water well--</DELETED>
                    <DELETED>    ``(A) the maximum pumping capacity of
                    which is not more than 35 gallons per minute;
                    and</DELETED>
                    <DELETED>    ``(B) the water from which is used for--
                    </DELETED>
                            <DELETED>    ``(i) the supply, service, or
                            activities of households or private
                            residences;</DELETED>
                            <DELETED>    ``(ii) landscaping;</DELETED>
                            <DELETED>    ``(iii) livestock watering;
                            or</DELETED>
                            <DELETED>    ``(iv) the irrigation of not more
                            than 2 acres of land for the production of 1 or
                            more agricultural or other commodities for--
                            </DELETED>
                                    <DELETED>    ``(I) sale;</DELETED>
                                    <DELETED>    ``(II) human consumption;
                                    or</DELETED>
                                    <DELETED>    ``(III) use as feed for
                                    livestock or poultry.</DELETED>
            <DELETED>    ``(23) 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.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(25) Injury to water quality.--The term `injury
            to water quality' means any contamination, diminution, or
            deprivation of water quality under applicable law.</DELETED>
            <DELETED>    ``(26) Injury to water rights.--</DELETED>
                    <DELETED>    ``(A) In general.--The term `injury to
                    water rights' means an interference with, diminution
                    of, or deprivation of water rights under applicable
                    law.</DELETED>
                    <DELETED>    ``(B) Inclusion.--The term `injury to
                    water rights' includes a change in the underground
                    water table and any effect of such a change.</DELETED>
                    <DELETED>    ``(C) Exclusion.--The term `injury to
                    water rights' does not include subsidence damage or
                    injury to water quality.</DELETED>
            <DELETED>    ``(27) Irrigation system.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(B) Inclusions.--The term `irrigation
                    system', with respect to the cooperative farm, includes
                    activities, procedures, works, and devices for--
                    </DELETED>
                            <DELETED>    ``(i) rehabilitation of
                            fields;</DELETED>
                            <DELETED>    ``(ii) remediation of sinkholes,
                            sinks, depressions, and fissures; and</DELETED>
                            <DELETED>    ``(iii) stabilization of the banks
                            of the Santa Cruz River.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(29) M&I priority water.--The term `M&I priority
            water' means Central Arizona Project water that has municipal
            and industrial priority.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(31) Nation's reservation.--The term `Nation's
            Reservation' means all land within the exterior boundaries of--
            </DELETED>
                    <DELETED>    ``(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);</DELETED>
                    <DELETED>    ``(B) the San Xavier Reservation
                    established by the Executive order of July 1,
                    1874;</DELETED>
                    <DELETED>    ``(C) the Gila Bend Indian Reservation
                    established by the Executive order of December 12,
                    1882, and modified by Executive order of June 17,
                    1909;</DELETED>
                    <DELETED>    ``(D) the Florence Village established by
                    Public Law 95-361 (92 Stat. 595);</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(33) NIA priority water.--The term `NIA priority
            water' means Central Arizona Project water that has non-Indian
            agricultural priority.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(38) San xavier reservation.--The term `San
            Xavier Reservation' means the San Xavier Indian Reservation
            established by the Executive order of July 1, 1874.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(40) Secretary.--The term `Secretary' means the
            Secretary of the Interior.</DELETED>
            <DELETED>    ``(41) State.--The term `State' means the State of
            Arizona.</DELETED>
            <DELETED>    ``(42) Subjugate.--The term `subjugate' means to
            prepare land for agricultural use through irrigation.</DELETED>
            <DELETED>    ``(43) Subsidence damage.--The term `subsidence
            damage' means injury to land, water, or other real property
            resulting from the settling of geologic strata or grading in
            the surface of the earth of any length or depth, which settling
            or cracking is caused by the pumping of water.</DELETED>
            <DELETED>    ``(44) Surface water.--The term `surface water'
            means all water that is appropriable under State law.</DELETED>
            <DELETED>    ``(45) Tohono o'odham settlement agreement.--The
            term `Tohono O'odham settlement agreement' means the agreement
            (including all exhibits of and attachments to the agreement)
            that settles, and provides for the dismissal with prejudice of,
            the claims asserted in the Adams case, the Alvarez case, and
            the Tucson case, as executed by the parties to those cases and
            filed with the court of jurisdiction.</DELETED>
            <DELETED>    ``(46) Tucson case.--The term `Tucson case' means
            United States et al. v. City of Tucson, et al. (Civ. No. 75-39
            TUC consol. with Civ. No. 75-51 TUC FRZ (D. Ariz., filed
            February 20, 1975)).</DELETED>
            <DELETED>    ``(47) Tucson interim water lease.--The term
            `Tucson interim water lease' means the lease, and any
            amendments and extensions of the lease, between the city of
            Tucson, Arizona, and the Nation, dated October 24,
            1992.</DELETED>
            <DELETED>    ``(48) Tucson management area.--The term `Tucson
            management area' means the area in the State comprised of--
            </DELETED>
                    <DELETED>    ``(A) the area--</DELETED>
                            <DELETED>    ``(i) designated as the Tucson
                            Active Management Area under the Arizona
                            Groundwater Management Act of 1980 (1980 Ariz.
                            Sess. Laws 1); and</DELETED>
                            <DELETED>    ``(ii) subsequently divided into
                            the Tucson Active Management Area and the Santa
                            Cruz Active Management Area (1994 Ariz. Sess.
                            Laws 296); and</DELETED>
                    <DELETED>    ``(B) the portion of the Upper Santa Cruz
                    Basin that is not located within the area described in
                    subparagraph (A)(i).</DELETED>
            <DELETED>    ``(49) Turnout.--The term `turnout' means a point
            of water delivery on the Central Arizona Project
            aqueduct.</DELETED>
            <DELETED>    ``(50) Underground storage.--The term `underground
            storage' means storage of water accomplished under a project
            authorized under section 308(e).</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(52) Value.--The term `value' means the value
            attributed to water based on the greater of--</DELETED>
                    <DELETED>    ``(A) the anticipated or actual use of the
                    water; or</DELETED>
                    <DELETED>    ``(B) the fair market value of the
                    water.</DELETED>
            <DELETED>    ``(53) Water right.--The term `water right' means
            any right in or to groundwater, surface water, or effluent
            under applicable law.</DELETED>
            <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 304. WATER DELIVERY AND CONSTRUCTION
                  OBLIGATIONS.</DELETED>

    <DELETED>    ``(a) Water Delivery.--The Secretary shall deliver from
    the main project works of the Central Arizona Project, a total of
    37,800 acre-feet of water suitable for agricultural use, of which--
    </DELETED>
            <DELETED>    ``(1) 27,000 acre-feet shall--</DELETED>
                    <DELETED>    ``(A) be deliverable for use to the San
                    Xavier Reservation; or</DELETED>
                    <DELETED>    ``(B) otherwise be used in accordance with
                    section 309; and</DELETED>
            <DELETED>    ``(2) 10,800 acre-feet shall--</DELETED>
                    <DELETED>    ``(A) be deliverable for use to the
                    eastern Schuk Toak District; or</DELETED>
                    <DELETED>    ``(B) otherwise be used in accordance with
                    section 309.</DELETED>
    <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(c) Duties of the Secretary.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Extension of existing irrigation system
            within the san xavier reservation.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(3) Construction of new farm.--</DELETED>
                    <DELETED>    ``(A) In general.--Except as provided in
                    subsection (d), not later than 8 years after the
                    enforceability date, the Secretary shall--</DELETED>
                            <DELETED>    ``(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 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</DELETED>
                            <DELETED>    ``(ii) in lieu of the actions
                            described in clause (i), pay to the San Xavier
                            District $18,300,000 in full satisfaction of
                            the obligations of the United States described
                            in clause (i).</DELETED>
                    <DELETED>    ``(B) Election.--</DELETED>
                            <DELETED>    ``(i) In general.--The San Xavier
                            District Council may make a nonrevocable
                            election whether to receive the benefits
                            described under subparagraph (A) by notifying
                            the Secretary by not later than 180 days after
                            the enforceability date, by written and
                            certified resolution of the San Xavier District
                            Council.</DELETED>
                            <DELETED>    ``(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 to the San
                            Xavier District in lieu of carrying out the
                            obligations of the United States under
                            subparagraph (A)(i).</DELETED>
                    <DELETED>    ``(C) Source of funds and time of
                    payment.--</DELETED>
                            <DELETED>    ``(i) In general.--Payment of
                            $18,300,000 under this paragraph shall be made
                            by the Secretary from the Lower Colorado River
                            Basin Development Fund--</DELETED>
                                    <DELETED>    ``(I) not later than 60
                                    days after an election described in
                                    subparagraph (B) is made (if such an
                                    election is made); or</DELETED>
                                    <DELETED>    ``(II) not later than 240
                                    days after the enforceability date, if
                                    no timely election is made.</DELETED>
                            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(d) Extension of Deadlines.--</DELETED>
            <DELETED>    ``(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--
            </DELETED>
                    <DELETED>    ``(A) a material breach by a contractor of
                    a contract that is relevant to carrying out a project
                    or activity described in subsection (c);</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(C) unavoidable delay in compliance with
                    applicable Federal and tribal laws, as determined by
                    the Secretary, including--</DELETED>
                            <DELETED>    ``(i) the Endangered Species Act
                            of 1973 (16 U.S.C. 1531 et seq.); and</DELETED>
                            <DELETED>    ``(ii) the National Environmental
                            Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                            or</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Notice of finding.--If the Secretary extends
            a deadline under paragraph (1), the Secretary shall--</DELETED>
                    <DELETED>    ``(A) publish a notice of the extension in
                    the Federal Register; and</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(ii) specify a deadline that provides
                    for a period for completion of the project before the
                    end of the period described in clause (i).</DELETED>
    <DELETED>    ``(e) Authority of Secretary.--</DELETED>
            <DELETED>    ``(1) In general.--In carrying out this title,
            after providing reasonable notice to the Nation, the Secretary,
            in compliance with all applicable law, may enter, construct
            works on, and take such other actions as are related to the
            entry or construction on land within the San Xavier District
            and the Schuk Toak District.</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(f) Use of Funds.--</DELETED>
            <DELETED>    ``(1) In general.--With respect to any funds
            received under subsection (c)(3)(A), the San Xavier District--
            </DELETED>
                    <DELETED>    ``(A) shall hold the funds in trust, and
                    invest the funds in interest-bearing deposits and
                    securities, until expended;</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i) authorized by the San Xavier
                            District Council; and</DELETED>
                            <DELETED>    ``(ii) approved by resolution of
                            the Legislative Council of the Nation;
                            and</DELETED>
                    <DELETED>    ``(C) shall expend the funds--</DELETED>
                            <DELETED>    ``(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;</DELETED>
                            <DELETED>    ``(ii) to provide governmental
                            services, including--</DELETED>
                                    <DELETED>    ``(I) programs for senior
                                    citizens;</DELETED>
                                    <DELETED>    ``(II) health care
                                    services;</DELETED>
                                    <DELETED>    ``(III)
                                    education;</DELETED>
                                    <DELETED>    ``(IV) economic
                                    development loans and assistance;
                                    and</DELETED>
                                    <DELETED>    ``(V) legal assistance
                                    programs;</DELETED>
                            <DELETED>    ``(iii) to provide benefits to
                            allottees;</DELETED>
                            <DELETED>    ``(iv) to pay the costs of
                            activities of the San Xavier Allottees
                            Association; or</DELETED>
                            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(2) No liability of secretary; limitation.--
            </DELETED>
                    <DELETED>    ``(A) In general.--The Secretary shall
                    not--</DELETED>
                            <DELETED>    ``(i) be responsible for any
                            review, approval, or audit of the use and
                            expenditure of the funds described in paragraph
                            (1); or</DELETED>
                            <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE
                  WATER SUPPLIES.</DELETED>

    <DELETED>    ``(a) Delivery of Water.--</DELETED>
            <DELETED>    ``(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, and the agreement of October 11, 1983,
            to 1 or more of--</DELETED>
                    <DELETED>    ``(A) the cooperative farm;</DELETED>
                    <DELETED>    ``(B) the eastern Schuk Toak
                    District;</DELETED>
                    <DELETED>    ``(C) turnouts existing on the
                    enforceability date; and</DELETED>
                    <DELETED>    ``(D) any other point of delivery on the
                    Central Arizona Project main aqueduct that is agreed to
                    by--</DELETED>
                            <DELETED>    ``(i) the Secretary;</DELETED>
                            <DELETED>    ``(ii) the operator of the Central
                            Arizona Project; and</DELETED>
                            <DELETED>    ``(iii) the Nation.</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) any declaration by the Secretary of
                    a water shortage on the Colorado River; or</DELETED>
                    <DELETED>    ``(B) any other occurrence affecting water
                    delivery caused by an act or omission of--</DELETED>
                            <DELETED>    ``(i) the Secretary;</DELETED>
                            <DELETED>    ``(ii) the United States;
                            or</DELETED>
                            <DELETED>    ``(iii) any officer, employee,
                            contractor, or agent of the Secretary or United
                            States.</DELETED>
    <DELETED>    ``(b) Acquisition of Land and Water.--</DELETED>
            <DELETED>    ``(1) Delivery.--</DELETED>
                    <DELETED>    ``(A) In general.--Except as provided in
                    subparagraph (B), if the Secretary, under the terms and
                    conditions of the agreements referred to in subsection
                    (a)(1), is unable, during any year, to deliver from the
                    main project works of the Central Arizona Project any
                    portion of the quantity of water covered by sections
                    304(a) and 306(a), the Secretary shall identify,
                    acquire and deliver an equivalent quantity of water
                    from, any appropriate source.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Private land and interests.--</DELETED>
                    <DELETED>    ``(A) Acquisition.--</DELETED>
                            <DELETED>    ``(i) In general.--Subject to
                            subparagraph (B), the Secretary may acquire
                            such private land, or interests in private
                            land, that include rights in surface or
                            groundwater recognized under State law, as are
                            necessary for the acquisition and delivery of
                            water under this subsection.</DELETED>
                            <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(4) Delivery of effluent.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(C) No imposition of obligation.--
                    Nothing in this paragraph imposes any obligation on the
                    United States to deliver effluent to the
                    Nation.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) for--</DELETED>
                    <DELETED>    ``(A) the exchange of water; or</DELETED>
                    <DELETED>    ``(B) the use of aqueducts, canals,
                    conduits, and other facilities (including pumping
                    plants) for water delivery; or</DELETED>
            <DELETED>    ``(2) to use facilities constructed, in whole or
            in part, with Federal funds.</DELETED>
    <DELETED>    ``(d) Compensation and Disbursements.--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(ii) the value of such quantities of
                    water as--</DELETED>
                            <DELETED>    ``(I) are ordered by the Nation
                            for use by the Cooperative Association in the
                            irrigation system; but</DELETED>
                            <DELETED>    ``(II) are not delivered in any
                            calendar year;</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(ii) the value of such quantities of
                    water as--</DELETED>
                            <DELETED>    ``(I) are ordered by the Nation
                            for use by the Cooperative Association in the
                            extension to the irrigation system;
                            but</DELETED>
                            <DELETED>    ``(II) are not delivered in any
                            calendar year; and</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(ii) except as provided in clause (i),
                    the value of such quantities of water as--</DELETED>
                            <DELETED>    ``(I) are ordered by the Nation
                            for use in the irrigation system, or for use by
                            any person or entity (other than the
                            Cooperative Association); but</DELETED>
                            <DELETED>    ``(II) are not delivered in any
                            calendar year.</DELETED>
            <DELETED>    ``(2) Disbursement.--Any compensation payable
            under paragraph (1) shall be disbursed--</DELETED>
                    <DELETED>    ``(A) with respect to compensation payable
                    under subparagraphs (A) and (B) of paragraph (1), to
                    the Cooperative Association; and</DELETED>
                    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 306. ADDITIONAL WATER DELIVERY.</DELETED>

    <DELETED>    ``(a) In General.--In addition to the delivery of water
    described in section 304(a), the Secretary shall deliver from the main
    project works of the Central Arizona Project, a total of 28,200 acre-
    feet of NIA priority water suitable for agricultural use, of which--
    </DELETED>
            <DELETED>    ``(1) 23,000 acre-feet shall--</DELETED>
                    <DELETED>    ``(A) be delivered to, and used by, the
                    San Xavier Reservation; or</DELETED>
                    <DELETED>    ``(B) otherwise be used by the Nation in
                    accordance with section 309; and</DELETED>
            <DELETED>    ``(2) 5,200 acre-feet shall--</DELETED>
                    <DELETED>    ``(A) be delivered to, and used by, the
                    eastern Schuk Toak District; or</DELETED>
                    <DELETED>    ``(B) otherwise be used by the Nation in
                    accordance with section 309.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) in accordance with a schedule that is
            acceptable to the Secretary and the State; and</DELETED>
            <DELETED>    ``(2) in the form of cash or in-kind goods and
            services.</DELETED>

    <DELETED>``SEC. 307. CONDITIONS ON CONSTRUCTION, WATER DELIVERY,
                  REVENUE SHARING.</DELETED>

    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) the Nation agrees--</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(C) to comply with water management
                    plans established by the Secretary under section
                    308(d);</DELETED>
                    <DELETED>    ``(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.);</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i)(I) the plaintiffs in the
                            Adams case, Alvarez case, and Tucson case have
                            stipulated to the dismissal, with prejudice, of
                            claims in those cases; and</DELETED>
                            <DELETED>    ``(II) those cases have been
                            dismissed with prejudice;</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(iii) with respect to the
                            consent of the Nation to contracting--
                            </DELETED>
                                    <DELETED>    ``(I) the consent is
                                    limited solely to contracts for--
                                    </DELETED>
                                            <DELETED>    ``(aa) the design
                                            and construction of the
                                            delivery and distribution
                                            system and the rehabilitation
                                            of the irrigation system for
                                            the cooperative farm;</DELETED>
                                            <DELETED>    ``(bb) the
                                            extension of the irrigation
                                            system for the cooperative
                                            farm;</DELETED>
                                            <DELETED>    ``(cc) the
                                            subjugation of land to be
                                            served by the extension of the
                                            irrigation system;</DELETED>
                                            <DELETED>    ``(dd) the design
                                            and construction of storage
                                            facilities solely for water
                                            deliverable for use within the
                                            San Xavier Reservation;
                                            and</DELETED>
                                            <DELETED>    ``(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);</DELETED>
                                    <DELETED>    ``(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);</DELETED>
                                    <DELETED>    ``(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</DELETED>
                                    <DELETED>    ``(IV) the Secretary
                                    shall, on the request of the Nation,
                                    execute a waiver and release to carry
                                    out subclause (III);</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(ii) subject to approval by the
                            Secretary of a contract with the San Xavier
                            District executed under section 311, to perform
                            that subjugation, a determination by the
                            Secretary of the subjugation costs under clause
                            (i), and the provision of notice by the San
                            Xavier District to the Nation at least 180 days
                            before the date on which the District Council
                            certifies by resolution that the subjugation is
                            scheduled to commence, the Nation pays to the
                            San Xavier District, not later than 90 days
                            before the date on which the subjugation is
                            scheduled to commence, from the trust fund
                            under section 315, or from other sources of
                            funds held by the Nation, the amount determined
                            by the Secretary under clause (i);
                            and</DELETED>
                    <DELETED>    ``(G) subject to valid existing rights,
                    section 7 of the Act of February 8, 1887 (25 U.S.C.
                    381), this title, other applicable Federal law, a water
                    management plan developed under section 308(d), and the
                    water code and other applicable laws of the Nation,
                    that the Nation--</DELETED>
                            <DELETED>    ``(i) shall allocate as a first
                            right of beneficial use by allottees, the San
                            Xavier District, and other persons within the
                            San Xavier Reservation--</DELETED>
                                    <DELETED>    ``(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--</DELETED>
                                            <DELETED>    ``(aa) to fulfill
                                            the obligations prescribed in
                                            the Asarco agreement;
                                            and</DELETED>
                                            <DELETED>    ``(bb) for
                                            groundwater storage,
                                            maintenance of instream flows,
                                            and maintenance of riparian
                                            vegetation and
                                            habitat;</DELETED>
                                    <DELETED>    ``(II) the 10,000 acre-
                                    feet of groundwater identified in
                                    subsection (a)(1)(A);</DELETED>
                                    <DELETED>    ``(III) the groundwater
                                    withdrawn from exempt wells;</DELETED>
                                    <DELETED>    ``(IV) the deferred
                                    pumping storage credits authorized by
                                    section 308(f)(1)(B); and</DELETED>
                                    <DELETED>    ``(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; and</DELETED>
                            <DELETED>    ``(ii) subject to section
                            309(b)(2), has the right--</DELETED>
                                    <DELETED>    ``(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;</DELETED>
                                    <DELETED>    ``(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</DELETED>
                                    <DELETED>    ``(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;</DELETED>
                            <DELETED>    ``(iii) shall issue permits to
                            persons or entities for use of the water
                            resources referred to in clause (i);</DELETED>
                            <DELETED>    ``(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--</DELETED>
                                    <DELETED>    ``(I) the Secretary;
                                    or</DELETED>
                                    <DELETED>    ``(II) the operating
                                    agency for the Central Arizona
                                    Project;</DELETED>
                            <DELETED>    ``(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);</DELETED>
                            <DELETED>    ``(vi) shall issue permits for
                            groundwater that may be withdrawn from
                            nonexempt wells in the eastern Schuk Toak
                            District; and</DELETED>
                            <DELETED>    ``(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--</DELETED>
                                    <DELETED>    ``(I) the Secretary;
                                    or</DELETED>
                                    <DELETED>    ``(II) the operating
                                    agency for the Central Arizona Project;
                                    and</DELETED>
            <DELETED>    ``(2) the Adams case, Alvarez case, and Tucson
            case have been dismissed with prejudice.</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 308. WATER CODE; WATER MANAGEMENT PLAN; STORAGE
                  PROJECTS; STORAGE ACCOUNTS; GROUNDWATER.</DELETED>

    <DELETED>    ``(a) Water Resources.--Water resources described in
    clauses (i) and (ii) of section 307(a)(1)(G)--</DELETED>
            <DELETED>    ``(1) shall be subject to section 7 of the Act of
            February 8, 1887 (25 U.S.C. 381); and</DELETED>
            <DELETED>    ``(2) shall be apportioned pursuant to clauses (i)
            and (ii) of section 307(a)(1)(G).</DELETED>
    <DELETED>    ``(b) Water Code.--Subject to this title and any other
    applicable law, the Nation shall--</DELETED>
            <DELETED>    ``(1) manage, regulate, and control the water
            resources of the Nation and the water resources granted or
            confirmed under this title;</DELETED>
            <DELETED>    ``(2) establish conditions, limitations, and
            permit requirements, and promulgate regulations, relating to
            the storage, recovery, and use of surface water and groundwater
            within the Nation's Reservation; and</DELETED>
            <DELETED>    ``(3) enact and maintain--</DELETED>
                    <DELETED>    ``(A) as soon as practicable after the
                    enforceability date, an interim allottee water rights
                    code that--</DELETED>
                            <DELETED>    ``(i) is consistent with
                            subsection (a);</DELETED>
                            <DELETED>    ``(ii) prescribes the rights of
                            allottees identified in paragraph (4);
                            and</DELETED>
                            <DELETED>    ``(iii) provides that the interim
                            allottee water rights code shall be
                            incorporated in the comprehensive water code
                            referred to in subparagraph (B); and</DELETED>
                    <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(4) include in each of the water codes enacted
            under subparagraphs (A) and (B) of paragraph (3)--</DELETED>
                    <DELETED>    ``(A) an acknowledgement of the rights
                    described in subsection (a);</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(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);</DELETED>
                    <DELETED>    ``(D) provisions for the protection of due
                    process with respect to members of the Nation and
                    allottees, including--</DELETED>
                            <DELETED>    ``(i) a fair procedure for
                            consideration and determination of any request
                            by--</DELETED>
                                    <DELETED>    ``(I) a member of the
                                    Nation, for a permit for use of
                                    available water resources granted or
                                    confirmed by this title; and</DELETED>
                                    <DELETED>    ``(II) an allottee, for a
                                    permit for use of--</DELETED>
                                            <DELETED>    ``(aa) the water
                                            resources identified in section
                                            307(a)(1)(G)(i) that are
                                            subject to a first right of
                                            beneficial use; or</DELETED>
                                            <DELETED>    ``(bb) subject to
                                            the first right of use of the
                                            Nation, available water
                                            resources identified in section
                                            307(a)(1)(G)(i)(II);</DELETED>
                            <DELETED>    ``(ii) provisions for--</DELETED>
                                    <DELETED>    ``(I) appeals and
                                    adjudications of denied or disputed
                                    permits; and</DELETED>
                                    <DELETED>    ``(II) resolution of
                                    contested administrative decisions;
                                    and</DELETED>
                            <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(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</DELETED>
            <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(c) Water Code Approval.--</DELETED>
            <DELETED>    ``(1) In general.--On receipt of a comprehensive
            water code under subsection (b)(5), the Secretary shall--
            </DELETED>
                    <DELETED>    ``(A) issue a written approval of the
                    water code; or</DELETED>
                    <DELETED>    ``(B) provide a written notification to
                    the Nation that--</DELETED>
                            <DELETED>    ``(i) identifies such provisions
                            of the water code that do not conform to
                            subsection (b); and</DELETED>
                            <DELETED>    ``(ii) recommends specific
                            corrective language for each nonconforming
                            provision.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(d) Water Management Plans.--</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(2) Requirements.--Water management plans
            established under paragraph (1)--</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i) with respect to a contract
                            between the Secretary and the San Xavier
                            District, $891,200; and</DELETED>
                            <DELETED>    ``(ii) with respect to a contract
                            between the Secretary and the Nation,
                            $237,200;</DELETED>
                    <DELETED>    ``(B) shall, at a minimum--</DELETED>
                            <DELETED>    ``(i) provide for the measurement
                            of all groundwater withdrawals, including
                            withdrawals from each well that is not an
                            exempt well;</DELETED>
                            <DELETED>    ``(ii) provide for--</DELETED>
                                    <DELETED>    ``(I) reasonable
                                    recordkeeping of water use, including
                                    the quantities of water stored
                                    underground and recovered each calendar
                                    year; and</DELETED>
                                    <DELETED>    ``(II) a system for the
                                    reporting of withdrawals from each well
                                    that is not an exempt well;</DELETED>
                            <DELETED>    ``(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;</DELETED>
                            <DELETED>    ``(iv) provide for the annual
                            exchange of information collected under clauses
                            (i) through (iii)--</DELETED>
                                    <DELETED>    ``(I) between the Nation
                                    and the Arizona Department of Water
                                    Resources; and</DELETED>
                                    <DELETED>    ``(II) between the Nation
                                    and the city of Tucson,
                                    Arizona;</DELETED>
                            <DELETED>    ``(v) provide for--</DELETED>
                                    <DELETED>    ``(I) the efficient use of
                                    water; and</DELETED>
                                    <DELETED>    ``(II) the prevention of
                                    waste;</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(vii) provide for amendments to
                            the water plan in accordance with this
                            title;</DELETED>
                    <DELETED>    ``(C) shall authorize the establishment
                    and maintenance of 1 or more underground storage and
                    recovery projects in accordance with subsection (e), as
                    applicable, within--</DELETED>
                            <DELETED>    ``(i) the San Xavier Reservation;
                            or</DELETED>
                            <DELETED>    ``(ii) the eastern Schuk Toak
                            District; and</DELETED>
                    <DELETED>    ``(D) shall be implemented and maintained
                    by the Nation, with no obligation by the
                    Secretary.</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(f) Groundwater.--</DELETED>
            <DELETED>    ``(1) San xavier reservation.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(B) Deferred pumping.--</DELETED>
                            <DELETED>    ``(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--</DELETED>
                                    <DELETED>    ``(I) may be withdrawn in
                                    a subsequent year; and</DELETED>
                                    <DELETED>    ``(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.</DELETED>
                            <DELETED>    ``(ii) Limitation.--The quantity
                            of water authorized to be recovered as deferred
                            pumping storage credits under this subparagraph
                            shall not exceed--</DELETED>
                                    <DELETED>    ``(I) 50,000 acre-feet for
                                    any 10-year period; or</DELETED>
                                    <DELETED>    ``(II) 10,000 acre-feet in
                                    any year.</DELETED>
                    <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(2) Eastern schuk toak district.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(B) Deferred pumping.--</DELETED>
                            <DELETED>    ``(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--</DELETED>
                                    <DELETED>    ``(I) may be withdrawn in
                                    a subsequent year; and</DELETED>
                                    <DELETED>    ``(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.</DELETED>
                            <DELETED>    ``(ii) Limitation.--The quantity
                            of water authorized to be recovered as deferred
                            pumping storage credits under this subparagraph
                            shall not exceed--</DELETED>
                                    <DELETED>    ``(I) 16,000 acre-feet for
                                    any 10-year period; or</DELETED>
                                    <DELETED>    ``(II) 3,200 acre-feet in
                                    any year.</DELETED>
                    <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(3) Inability to recover groundwater.--
            </DELETED>
                    <DELETED>    ``(A) In general.--The authorizations to
                    pump groundwater in paragraphs (1) and (2) neither
                    warrant nor guarantee that the groundwater--</DELETED>
                            <DELETED>    ``(i) physically exists;
                            or</DELETED>
                            <DELETED>    ``(ii) is recoverable.</DELETED>
                    <DELETED>    ``(B) Claims.--With respect to groundwater
                    described in subparagraph (A)--</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(i) Payment of Compensation.--Nothing in this section
    affects any obligation of the Secretary to pay compensation in
    accordance with section 305(d).</DELETED>

    <DELETED>``SEC. 309. USES OF WATER.</DELETED>

    <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(b) Use Area.--</DELETED>
            <DELETED>    ``(1) Use within nation's reservation.--Subject to
            subsection (d), the Nation may use at any location within the
            Nation's Reservation--</DELETED>
                    <DELETED>    ``(A) the water supplies acquired under
                    sections 304(a) and 306(a);</DELETED>
                    <DELETED>    ``(B) groundwater supplies; and</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Use outside the nation's reservation.--
            </DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(c) Exchanges and Leases; Conditions on Exchanges and
    Leases; Right of First Refusal.--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) this subsection; and</DELETED>
                    <DELETED>    ``(B) subsection (b)(2).</DELETED>
            <DELETED>    ``(2) Limitation on alienation.--The Nation shall
            not permanently alienate any water right under paragraph
            (1).</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(4) Contract.--An assignment, exchange, lease,
            option, or temporary disposal described in paragraph (1) shall
            be executed only in accordance with a contract that--</DELETED>
                    <DELETED>    ``(A) is accepted by the Nation;</DELETED>
                    <DELETED>    ``(B) is ratified under a resolution of
                    the Legislative Council of the Nation;</DELETED>
                    <DELETED>    ``(C) is approved by the United States as
                    Trustee; and</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(d) Limitations on Use, Exchanges, and Leases.--The
    rights of the Nation to use water supplies under subsection (a), and to
    assign, exchange, lease, provide options to lease, or temporarily
    dispose of the water supplies under subsection (c), shall be exercised
    on conditions that ensure, to the maximum extent practicable, the
    availability of water supplies to satisfy the first right of beneficial
    use under section 307(a)(1)(G)(i).</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) any water right of the Nation, as
            established under this title or any other applicable law;
            or</DELETED>
            <DELETED>    ``(2) any water use right recognized under this
            title, including--</DELETED>
                    <DELETED>    ``(A) the first right of beneficial use
                    referred to in section 307(a)(1)(G)(i); or</DELETED>
                    <DELETED>    ``(B) the allottee use rights referred to
                    in section 308(a).</DELETED>
    <DELETED>    ``(g) Amendment to Agreement of December 11, 1980.--The
    Secretary shall amend the agreement of December 11, 1980 to provide
    that--</DELETED>
            <DELETED>    ``(1) the contract shall be--</DELETED>
                    <DELETED>    ``(A) for permanent service (within the
                    meaning of section 5 of the Boulder Canyon Project Act
                    of 1928 (43 U.S.C. 617d)); and</DELETED>
                    <DELETED>    ``(B) without limit as to term;</DELETED>
            <DELETED>    ``(2) the Nation may, with the approval of the
            Secretary--</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(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</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(4)(A) all of the Nation's Central Arizona
            Project water shall be delivered through the Central Arizona
            Project aqueduct; and</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(7) the costs associated with the construction
            of the delivery and distribution system--</DELETED>
                    <DELETED>    ``(A) shall be nonreimbursable;
                    and</DELETED>
                    <DELETED>    ``(B) shall be excluded from any repayment
                    obligation of the Nation;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(9) the agreement of December 11, 1980, conforms
            with section 104(d) and section 306(a) of the Arizona Water
            Settlements Act; and</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(h) Ratification of Agreements.--</DELETED>
            <DELETED>    ``(1) In general.--Notwithstanding any other
            provision of law, each of the agreements described in paragraph
            (2)--</DELETED>
                    <DELETED>    ``(A) is authorized, ratified, and
                    confirmed; and</DELETED>
                    <DELETED>    ``(B) shall be executed by the
                    Secretary.</DELETED>
            <DELETED>    ``(2) Agreements.--The agreements described in
            this paragraph are--</DELETED>
                    <DELETED>    ``(A) the Tohono O'odham settlement
                    agreement, to the extent that--</DELETED>
                            <DELETED>    ``(i) the Tohono O'odham
                            settlement agreement is consistent with this
                            title; and</DELETED>
                            <DELETED>    ``(ii) parties to the Tohono
                            O'odham settlement agreement other than the
                            Secretary have executed that
                            agreement;</DELETED>
                    <DELETED>    ``(B) the Tucson agreement (attached to
                    the Tohono O'odham settlement agreement as exhibit
                    12.1); and</DELETED>
                    <DELETED>    ``(C)(i) the Asarco agreement (attached to
                    the Tohono O'odham settlement agreement as exhibit 13.1
                    to the Tohono O'odham settlement agreement);</DELETED>
                    <DELETED>    ``(ii) lease No. H54-16-72, dated April
                    26, 1972, and approved by the United States on November
                    14, 1972; and</DELETED>
                    <DELETED>    ``(iii) any new well site lease as
                    provided for in the Asarco agreement; and</DELETED>
                    <DELETED>    ``(D) the FICO agreement (attached to the
                    Tohono O'odham settlement agreement as Exhibit
                    14.1).</DELETED>
            <DELETED>    ``(3) Relation to other law.--</DELETED>
                    <DELETED>    ``(A) In general.--Execution of an
                    agreement described in paragraph (2) shall not
                    constitute major Federal action under the National
                    Environmental Policy Act (42 U.S.C. 4321 et
                    seq.).</DELETED>
                    <DELETED>    ``(B) Environmental compliance
                    activities.--The Secretary shall carry out all
                    necessary environmental compliance activities during
                    the implementation of the agreements described in
                    paragraph (2), including activities under--</DELETED>
                            <DELETED>    ``(i) the National Environmental
                            Policy Act (42 U.S.C. 4321 et seq.);
                            and</DELETED>
                            <DELETED>    ``(ii) the Endangered Species Act
                            of 1973 (16 U.S.C. 1531 et seq.).</DELETED>
                    <DELETED>    ``(C) Lead agency.--The Bureau of
                    Reclamation shall be the lead agency with respect to
                    environmental compliance under the agreements described
                    in paragraph (2).</DELETED>
    <DELETED>    ``(i) Disbursements From Tucson Interim Water Lease.--The
    Secretary shall disburse to the Nation, without condition, all proceeds
    from the Tucson interim water lease.</DELETED>
    <DELETED>    ``(j) Use of Gross Proceeds.--</DELETED>
            <DELETED>    ``(1) Definition of gross proceeds.--In this
            subsection, the term `gross proceeds' means all proceeds,
            without reduction, received by the Nation from--</DELETED>
                    <DELETED>    ``(A) the Tucson interim water
                    lease;</DELETED>
                    <DELETED>    ``(B) the Asarco agreement; and</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Entitlement.--The Nation shall be entitled
            to receive all gross proceeds.</DELETED>
    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 310. COOPERATIVE FUND.</DELETED>

    <DELETED>    ``(a) Reauthorization.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Amounts in cooperative fund.--The
            cooperative fund shall consist of--</DELETED>
                    <DELETED>    ``(A)(i) $5,250,000, as appropriated to
                    the cooperative fund under section 313(b)(3)(A) of the
                    1982 Act; and</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(B) any additional Federal funds
                    deposited to the cooperative fund under Federal
                    law;</DELETED>
                    <DELETED>    ``(C) $5,250,000, as deposited in the
                    cooperative fund under section 313(b)(1)(B) of the 1982
                    Act, of which--</DELETED>
                            <DELETED>    ``(i) $2,750,000 was contributed
                            by the State;</DELETED>
                            <DELETED>    ``(ii) $1,500,000 was contributed
                            by the city of Tucson; and</DELETED>
                            <DELETED>    ``(iii) $1,000,000 was contributed
                            by--</DELETED>
                                    <DELETED>    ``(I) the Anamax Mining
                                    Company;</DELETED>
                                    <DELETED>    ``(II) the Cyprus-Pima
                                    Mining Company;</DELETED>
                                    <DELETED>    ``(III) the American
                                    Smelting and Refining
                                    Company;</DELETED>
                                    <DELETED>    ``(IV) the Duval
                                    Corporation; and</DELETED>
                                    <DELETED>    ``(V) the Farmers
                                    Investment Company;</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(E) all revenues received from--
                    </DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(ii) the sale or lease of
                            storage credits derived from the storage of
                            that effluent.</DELETED>
    <DELETED>    ``(b) Expenditures From Fund.--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the variable costs relating to the
                    delivery of water under sections 304 through
                    306;</DELETED>
                    <DELETED>    ``(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;</DELETED>
                    <DELETED>    ``(C) the costs of acquisition and
                    delivery of water from alternative sources under
                    section 305; and</DELETED>
                    <DELETED>    ``(D) any compensation provided by the
                    Secretary under section 305(e).</DELETED>
            <DELETED>    ``(2) Expenditure of interest.--With respect to
            interest income accruing from amounts in the cooperative fund--
            </DELETED>
                    <DELETED>    ``(A) except as provided in paragraph (3),
                    the Secretary of the Interior may expend only interest
                    income accruing after the effective date; and</DELETED>
                    <DELETED>    ``(B) that interest income may be expended
                    by the Secretary of the Interior, without further
                    appropriation.</DELETED>
            <DELETED>    ``(3) Expenditure of revenues.--Revenues described
            in subpargraph (a)(2)(E) shall be available for expenditure
            under paragraph (1).</DELETED>
    <DELETED>    ``(c) Investment of Amounts.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(d) Transfers of Amounts.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 311. CONTRACTING AUTHORITY; WATER QUALITY; STUDIES;
                  ARID LAND ASSISTANCE.</DELETED>

    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(b) San Xavier District as Contractor.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.).</DELETED>
    <DELETED>    ``(c) Groundwater Monitoring Programs.--</DELETED>
            <DELETED>    ``(1) San xavier indian reservation program.--
            </DELETED>
                    <DELETED>    ``(A) In general.--Not later than 180 days
                    after the enforceability date, the Secretary shall
                    design and carry out a comprehensive groundwater
                    monitoring program (including the drilling of wells and
                    other appropriate actions) to test, assess, and provide
                    for the long-term monitoring of the quality of
                    groundwater withdrawn from exempt wells and other wells
                    within the San Xavier Reservation.</DELETED>
                    <DELETED>    ``(B) Limitation on expenditures.--In
                    carrying out this paragraph, the Secretary shall expend
                    not more than $215,000.</DELETED>
            <DELETED>    ``(2) Eastern schuk toak district program.--
            </DELETED>
                    <DELETED>    ``(A) In general.--Not later than 180 days
                    after the enforceability date, the Secretary shall
                    design and carry out a comprehensive groundwater
                    monitoring program (including the drilling of wells and
                    other appropriate actions) to test, assess, and provide
                    for the long-term monitoring of the quality of
                    groundwater withdrawn from exempt wells and other wells
                    within the eastern Schuk Toak District.</DELETED>
                    <DELETED>    ``(B) Limitation on expenditures.--In
                    carrying out this paragraph, the Secretary shall expend
                    not more than $175,000.</DELETED>
            <DELETED>    ``(3) Duties of secretary.--</DELETED>
                    <DELETED>    ``(A) Consultation.--In carrying out
                    paragraphs (1) and (2), the Secretary shall consult
                    with representatives of--</DELETED>
                            <DELETED>    ``(i) the Nation;</DELETED>
                            <DELETED>    ``(ii) the San Xavier District and
                            Schuk Toak District, respectively;
                            and</DELETED>
                            <DELETED>    ``(iii) appropriate State and
                            local entities.</DELETED>
                    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) within the Nation's Reservation;
            but</DELETED>
            <DELETED>    ``(2) outside the Tucson management
            area.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) give first priority to the needs of the
            Nation in providing that assistance; and</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(B) contribute significantly to the
                    economy of the Nation.</DELETED>
    <DELETED>    ``(f) Asarco Land Exchange Study.--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) beneficial landowners of the Mission
                    Complex Mining Leases of September 18, 1959;
                    and</DELETED>
                    <DELETED>    ``(B) beneficial landowners of the Mission
                    Complex Business Leases of May 12, 1959.</DELETED>
            <DELETED>    ``(2) Components.--The study under paragraph (1)
            shall include--</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(B) a description of the legal status
                    exchanged land should have to maintain the political
                    integrity of the San Xavier Reservation.</DELETED>
            <DELETED>    ``(3) Limitation on expenditures.--In carrying out
            this paragraph, the Secretary shall expend not more than
            $250,000.</DELETED>

    <DELETED>``SEC. 312. WAIVER AND RELEASE OF CLAIMS.</DELETED>

    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(B) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(C) any other person or
                    entity;</DELETED>
            <DELETED>    ``(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);</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the United States;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or
                    entity;</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the United States;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or
                    entity.</DELETED>
    <DELETED>    ``(b) Waiver of Claims by the Allottee Classes.--The
    Tohono O'odham settlement agreement shall provide that each allottee
    class waives and releases--</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(B) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(C) any other person or entity (other
                    than the Nation);</DELETED>
            <DELETED>    ``(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);</DELETED>
            <DELETED>    ``(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--
            </DELETED>
                    <DELETED>    ``(A) the United States;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or entity;
                    and</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the United States;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or entity;
                    and</DELETED>
            <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(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--
    </DELETED>
            <DELETED>    ``(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 or State law against--
            </DELETED>
                    <DELETED>    ``(A) the Nation;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or
                    entity;</DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) the Nation;</DELETED>
                    <DELETED>    ``(B) the State (or any agency or
                    political subdivision of the State);</DELETED>
                    <DELETED>    ``(C) any municipal corporation;
                    and</DELETED>
                    <DELETED>    ``(D) any other person or
                    entity;</DELETED>
            <DELETED>    ``(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</DELETED>
            <DELETED>    ``(4) contingent on the effectiveness of a waiver
            of such claims as are provided for in the Asarco agreement,
            claims against Asarco on behalf of the allottee class for the
            fourth cause of action in the Alvarez case, as defined in the
            Tohono O'odham settlement agreement.</DELETED>
    <DELETED>    ``(d) Claims Relating to Groundwater Protection Program.--
    The Nation and the United States as Trustee--</DELETED>
            <DELETED>    ``(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</DELETED>
            <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(f) Rights of Allottees; Prohibition of Claims.--
    </DELETED>
            <DELETED>    ``(1) In general.--As of the enforceability date--
            </DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i) all claims for water rights
                            and claims for injuries to water rights of the
                            Nation; and</DELETED>
                            <DELETED>    ``(ii) all claims for water rights
                            and injuries to water rights of the
                            allottees;</DELETED>
                    <DELETED>    ``(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</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) Limitation of certain claims by allottees.--
            No allottee within the San Xavier Reservation may--</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i) the United States;</DELETED>
                            <DELETED>    ``(ii) the State (or any agency or
                            political subdivision of the State);</DELETED>
                            <DELETED>    ``(iii) any municipal corporation;
                            or</DELETED>
                            <DELETED>    ``(iv) any other person or entity;
                            or</DELETED>
                    <DELETED>    ``(B) continue to assert a claim described
                    in subparagraph (A), if the claim was first asserted
                    before the enforceability date.</DELETED>
            <DELETED>    ``(3) Claims by fee owners of allotted land.--
            </DELETED>
                    <DELETED>    ``(A) In general.--No fee owner of
                    allotted land within the San Xavier Reservation may
                    assert any claim to the extent that--</DELETED>
                            <DELETED>    ``(i) the claim has been waived
                            and released in the Tohono O'odham settlement
                            agreement; and</DELETED>
                            <DELETED>    ``(ii) the fee owner of allotted
                            land asserting the claim is a member of the
                            applicable allottee class.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(4) Limitation of claims against the nation.--
            </DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(g) Consent.--</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(2) No sufficient funds defense.--The lack of
            sufficient funds in the cooperative fund to carry out the
            obligations of the Secretary may not be raised by the United
            States as a defense to any claim asserted under paragraph
            (1).</DELETED>
            <DELETED>    ``(3) Remedy.--</DELETED>
                    <DELETED>    ``(A) In general.--Subject to subparagraph
                    (B), the exclusive remedy for a civil action maintained
                    under this subsection shall be monetary
                    damages.</DELETED>
                    <DELETED>    ``(B) Offset.--An award for damages for a
                    claim under this subsection shall be offset against the
                    amount of funds--</DELETED>
                            <DELETED>    ``(i) made available by any Act of
                            Congress; and</DELETED>
                            <DELETED>    ``(ii) paid to the claimant by the
                            Secretary in partial or complete satisfaction
                            of the claim.</DELETED>
            <DELETED>    ``(4) No claims established.--Except as provided
            in paragraph (1), nothing in the subsection establishes any
            claim against the United States.</DELETED>
    <DELETED>    ``(h) Jurisdiction; Waiver of Immunity; Parties.--
    </DELETED>
            <DELETED>    ``(1) Jurisdiction.--</DELETED>
                    <DELETED>    ``(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--</DELETED>
                            <DELETED>    ``(i) civil actions relating to
                            the interpretation and enforcement of--
                            </DELETED>
                                    <DELETED>    ``(I) this
                                    title;</DELETED>
                                    <DELETED>    ``(II) the Tohono O'odham
                                    settlement agreement; and</DELETED>
                                    <DELETED>    ``(III) agreements
                                    referred to in section 309(h)(2);
                                    and</DELETED>
                            <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(2) Waiver.--</DELETED>
                    <DELETED>    ``(A) In general.--The United States and
                    the Nation waive sovereign immunity solely for claims
                    for--</DELETED>
                            <DELETED>    ``(i) declaratory judgment or
                            injunctive relief in any civil action arising
                            under this title; and</DELETED>
                            <DELETED>    ``(ii) such claims and remedies as
                            may be prescribed in any agreement authorized
                            under this title.</DELETED>
                    <DELETED>    ``(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)--</DELETED>
                            <DELETED>    ``(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</DELETED>
                            <DELETED>    ``(ii) the waivers of sovereign
                            immunity under subparagraph (A) shall have no
                            effect in the civil action.</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(3) Nation as a party.--</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(i) Regulation and Jurisdiction Over Dispute
    Resolution.--</DELETED>
            <DELETED>    ``(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--
            </DELETED>
                    <DELETED>    ``(A) with respect to the use of those
                    resources by--</DELETED>
                            <DELETED>    ``(i) the Nation;</DELETED>
                            <DELETED>    ``(ii) individual members of the
                            Nation;</DELETED>
                            <DELETED>    ``(iii) districts of the Nation;
                            and</DELETED>
                            <DELETED>    ``(iv) allottees; and</DELETED>
                    <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(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.</DELETED>
            <DELETED>    ``(3) Applicable law.--The regulatory and remedial
            procedures referred to in paragraphs (1) and (2) shall be
            subject to all applicable law.</DELETED>
    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 313. AFTER-ACQUIRED TRUST LAND.</DELETED>

    <DELETED>    ``(a) In General.--Except as provided in subsection (b)--
    </DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(2) it is the intent of Congress in enacting
            this title that future Acts of Congress described in paragraph
            (1) should provide that land taken into trust under that
            paragraph will include only such water rights and water use
            privileges as are consistent with State water law and State
            water management policy; and</DELETED>
            <DELETED>    ``(3) after-acquired trust land shall not include
            Federal reserved rights to surface water or
            groundwater.</DELETED>
    <DELETED>    ``(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).</DELETED>

    <DELETED>``SEC. 314. NONREIMBURSABLE COSTS.</DELETED>

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

    <DELETED>``SEC. 315. TRUST FUND.</DELETED>

    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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--</DELETED>
            <DELETED>    ``(1) expended by the Nation for any governmental
            purpose; and</DELETED>
            <DELETED>    ``(2) invested by the Nation in accordance with
            such polices as the Nation may adopt.</DELETED>
    <DELETED>    ``(c) Responsibility of Secretary.--The Secretary shall
    not--</DELETED>
                    <DELETED>    ``(A) be responsible for the review,
                    approval, or audit of the use and expenditure of any
                    funds from the trust fund reauthorized by subsection
                    (a); or</DELETED>
                    <DELETED>    ``(B) be subject to liability for any
                    claim or cause of action arising from the use or
                    expenditure by the Nation of those funds.</DELETED>
    <DELETED>    ``(d) Conditions of Trust.--</DELETED>
            <DELETED>    ``(1) Reserve for the cost of subjugation.--The
            Nation shall reserve in the trust fund reauthorized by
            subsection (a)--</DELETED>
                    <DELETED>    ``(A) the principal amount of at least
                    $3,000,000; and</DELETED>
                    <DELETED>    ``(B) interest on that amount that accrues
                    during the period beginning on the enforceability date
                    and ending on the earlier of--</DELETED>
                            <DELETED>    ``(i) the date on which full
                            payment of such costs has been made;
                            or</DELETED>
                            <DELETED>    ``(ii) the date that is 10 years
                            after the enforceability date.</DELETED>
            <DELETED>    ``(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).</DELETED>
            <DELETED>    ``(3) Limitation on restrictions.--On the
            occurrence of an event described in clause (i) or (ii) of
            paragraph (1)(B)--</DELETED>
                    <DELETED>    ``(A) the restrictions imposed on funds
                    from the trust fund described in paragraph (1) shall
                    terminate; and</DELETED>
                    <DELETED>    ``(B) any of those funds remaining that
                    were reserved under paragraph (1) may be used by the
                    Nation under subsection (b)(1).</DELETED>

    <DELETED>``SEC. 316. MISCELLANEOUS PROVISIONS.</DELETED>

    <DELETED>    ``(a) In General.--Nothing in this title--</DELETED>
            <DELETED>    ``(1) establishes the applicability or
            inapplicability to groundwater of any doctrine of Federal
            reserved rights;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(4) abrogates any rights or remedies existing
            under section 1346 or 1491 of title 28, United States
            Code;</DELETED>
            <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(6)(A) applies to any exempt well;</DELETED>
            <DELETED>    ``(B) prohibits or limits the drilling of any
            exempt well within--</DELETED>
                    <DELETED>    ``(i) the San Xavier Reservation;
                    or</DELETED>
                    <DELETED>    ``(ii) the eastern Schuk Toak District;
                    or</DELETED>
            <DELETED>    ``(C) subjects water from any exempt well to any
            pumping limitation under this title; or</DELETED>
            <DELETED>    ``(7) diminishes or abrogates rights to use water
            under--</DELETED>
                    <DELETED>    ``(A) contracts of the Nation in existence
                    before the enforceability date; or</DELETED>
                    <DELETED>    ``(B) the well site agreement referred to
                    in the Asarco agreement and any well site agreement
                    entered into under the Asarco agreement.</DELETED>
    <DELETED>    ``(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.</DELETED>

    <DELETED>``SEC. 317. AUTHORIZED COSTS.</DELETED>

    <DELETED>    ``(a) In General.--There are authorized to be appropriated
    to the Secretary from the Lower Colorado River Basin Development Fund--
    </DELETED>
            <DELETED>    ``(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--</DELETED>
                    <DELETED>    ``(A) $3,500,000; and</DELETED>
                    <DELETED>    ``(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;</DELETED>
            <DELETED>    ``(2) $18,300,000 in lieu of construction to
            implement section 304(c)(3)(B);</DELETED>
            <DELETED>    ``(3) $891,200 to implement a water management
            plan for the San Xavier Reservation under section
            308(d);</DELETED>
            <DELETED>    ``(4) $237,200 to implement a water management
            plan for the eastern Schuk Toak District under section
            308(d);</DELETED>
            <DELETED>    ``(5) $4,000,000 to complete the water resources
            study under section 311(d);</DELETED>
            <DELETED>    ``(6) $215,000 to develop and implement a
            groundwater monitoring program for the San Xavier Reservation
            under section 311(c)(1);</DELETED>
            <DELETED>    ``(7) $175,000 to develop and implement a
            groundwater monitoring program for the eastern Schuk Toak
            District under section 311(c)(2);</DELETED>
            <DELETED>    ``(8) $250,000 to complete the Asarco land
            exchange study under section 311(f); and</DELETED>
            <DELETED>    ``(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).</DELETED>
    <DELETED>    ``(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).''.</DELETED>

    <DELETED>SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLEMENT EFFECTIVE
                  DATE.</DELETED>

    <DELETED>    (a) Definitions.--The definitions under section 301 of the
    Southern Arizona Water Rights Settlement Amendments Act of 2003 (as
    contained in the amendment made by section 301) shall apply to this
    title.</DELETED>
    <DELETED>    (b) Effective Date.--This title and the amendments made by
    this title take effect as of the date on which the Secretary publishes
    in the Federal Register a statement of findings that--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (B) the Tohono O'odham settlement agreement, as so
            revised, has been executed by the parties and the
            Secretary;</DELETED>
            <DELETED>    (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 2003 (as
            contained in the amendment made by section 301) have executed
            those agreements;</DELETED>
            <DELETED>    (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
            2003 (as contained in the amendment made by section
            301);</DELETED>
            <DELETED>    (4) final dismissal with prejudice has been
            entered in each of the Adams case, the Alvarez case, and the
            Tucson case on the sole condition that the Secretary publishes
            the findings specified in this section;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (6) implementation costs have been identified and
            retained in the Lower Colorado River Basin Development Fund,
            specifically--</DELETED>
                    <DELETED>    (A) $18,300,000 in lieu of construction to
                    implement section 304(c)(3)(A)(ii);</DELETED>
                    <DELETED>    (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 2003 (as contained in the
                    amendment made by section 301);</DELETED>
                    <DELETED>    (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 2003 (as contained
                    in the amendment made by section 301);</DELETED>
                    <DELETED>    (D) $4,000,000 to complete the water
                    resources study under section 311(d) of the Southern
                    Arizona Water Rights Settlement Amendments Act of 2003
                    (as contained in the amendment made by section
                    301);</DELETED>
                    <DELETED>    (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 2003
                    (as contained in the amendment made by section
                    301);</DELETED>
                    <DELETED>    (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 2003
                    (as contained in the amendment made by section 301);
                    and</DELETED>
                    <DELETED>    (G) $250,000 to complete the Asarco land
                    exchange study under section 311(f) of the Southern
                    Arizona Water Rights Settlement Amendments Act of 2003
                    (as contained in the amendment made by section
                    301);</DELETED>
            <DELETED>    (7) the State has enacted legislation that--
            </DELETED>
                    <DELETED>    (A) qualifies the Nation to earn long-term
                    storage credits under the Asarco agreement;</DELETED>
                    <DELETED>    (B) implements the San Xavier groundwater
                    protection program in accordance with paragraph 8.8 of
                    the Tohono O'odham settlement agreement;</DELETED>
                    <DELETED>    (C) enables the State to carry out section
                    306(b); and</DELETED>
                    <DELETED>    (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 2003 (as
                    contained in the amendment made by section
                    301);</DELETED>
            <DELETED>    (8) the Secretary and the State have agreed to an
            acceptable firming schedule referred to in section
            105(b)(2)(C); and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (c) Failure To Publish Statement of Findings.--If the
    Secretary does not publish a statement of findings under subsection (a)
    by December 31, 2007--</DELETED>
            <DELETED>    (1) the 1982 Act shall remain in full force and
            effect;</DELETED>
            <DELETED>    (2) this title shall not take effect;
            and</DELETED>
            <DELETED>    (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.</DELETED>

            <DELETED>TITLE IV--SAN CARLOS APACHE TRIBE WATER RIGHTS
                              SETTLEMENT</DELETED>

    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. 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.
                (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 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.
        (b) 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);
                        ``(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 the Arizona Water Settlements 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; and
                                ``(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;
                        ``(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)'';
                (2) by striking ``clause'' each other place it appears and
            inserting ``paragraph'';
                (3) by striking ``clauses'' each place it appears and
            inserting ``paragraphs''; and
                (4) 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) No major federal action.--Execution of the Gila River
            agreement by the Secretary under this section shall not
            constitute a major Federal action under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                (2) Environmental compliance activities.--The Secretary
            shall promptly carry out the environmental compliance
            activities necessary to implement the Gila River agreement,
            including activities under the National Environmental Policy
            Act of 1969 and the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.).
                (3) Lead agency.--The Bureau of Reclamation shall be
            designated as the lead agency with respect to environmental
            compliance.
        (d) Rehabilitation and Operation, Maintenance, and Replacement of
    Certain Water Works.--
                (1) In general.--In 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, the San Carlos
                            Irrigation and Drainage District may use
                            locally accepted engineering standards and the
                            labor and contracting authorities that are
                            available to the District under State law;
                                (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 or the United States 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;
                            and
                                (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.
                        (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 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
                            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
                            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 the extent the United States holds
                    legal title to the water rights as described in article
                    V or VI 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
                            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) No major federal action.--Execution of the New Mexico
            Consumptive Use and Forbearance Agreement and of the New Mexico
            Unit Agreement shall not constitute a major Federal action
            under the National Environmental Policy Act of 1969 (42 U.S.C.
            4321 et seq.).
                (2) Environmental compliance activities.--Upon execution of
            the New Mexico Unit Agreement, the Secretary shall promptly
            carry out the environmental compliance activities necessary to
            implement such agreement, including activities under the
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
            seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.).
                (3) Lead agency.--The Bureau of Reclamation shall be
            designated as the lead agency with respect to environmental
            compliance. 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 Novermber
                    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 XavierReservation, 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) In general.--Execution of an agreement
                    described in paragraph (2) shall not constitute major
                    Federal action under the National Environmental Policy
                    Act of 1969 (42 U.S.C. 4321 et seq.).
                        ``(B) Environmental compliance activities.--The
                    Secretary shall carry out all necessary environmental
                    compliance activities during the implementation of the
                    agreements described in paragraph (2), including
                    activities under--
                                ``(i) the National Environmental Policy Act
                            of 1969 (42 U.S.C. 4321 et seq.); and
                                ``(ii) the Endangered Species Act of 1973
                            (16 U.S.C. 1531 et seq.).
                        ``(C) Lead agency.--The Bureau of Reclamation shall
                    be the lead agency with respect to environmental
                    compliance under the agreements described in paragraph
                    (2).
        ``(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 shall be construed to
    amend, alter, or limit the authority of--
                (1) 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
                (2) 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).

    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.

                                                           Calendar No. 719

    108th CONGRESS

      2d Session

                                     S. 437

                              [Report No. 108-360]

    _______________________________________________________________________

                                     A BILL

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

    _______________________________________________________________________

                               September 28, 2004

                           Reported with an amendment