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:118 STAT. 3536 “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.118 STAT. 3537“(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.118 STAT. 3538“(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.118 STAT. 3539“(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, 1874.118 STAT. 3540“(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.118 STAT. 3541“(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 118 STAT. 3542 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);118 STAT. 3543“(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;118 STAT. 3544“(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.—118 STAT. 3545 “(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—118 STAT. 3546 “(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 118 STAT. 3547 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 118 STAT. 3548 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 118 STAT. 3549 on which the San Xavier District Council certifies by resolution that the subjugation is scheduled to commence, the Nation pays to the San Xavier District, not later than 90 days before the date on which the subjugation is scheduled to commence, from the trust fund under section 315, or from other sources of funds held by the Nation, the amount determined by the Secretary under clause (i); and“(G) subject to business lease No. H54–16–72 dated April 26, 1972, of San Xavier Reservation land to Asarco and approved by the United States on November 14, 1972, that the Nation—“(i) shall allocate as a first right of beneficial use by allottees, the San Xavier District, and other persons within the San Xavier Reservation—“(I) 35,000 acre-feet of the 50,000 acre-feet of water deliverable under sections 304(a)(1) and 306(a)(1), including the use of the allocation—“(aa) to fulfill the obligations prescribed in the Asarco agreement; and“(bb) for groundwater storage, maintenance of instream flows, and maintenance of riparian vegetation and habitat;“(II) the 10,000 acre-feet of groundwater identified in subsection (a)(1)(A);“(III) the groundwater withdrawn from exempt wells;“(IV) the deferred pumping storage credits authorized by section 308(f)(1)(B); and“(V) the storage credits resulting from a project authorized in section 308(e) that cannot be lawfully transferred or otherwise disposed of to persons for recovery outside the Nation’s Reservation; “(ii) subject to section 309(b)(2), has the right—“(I) to use, or authorize other persons or entities to use, any portion of the allocation of 35,000 acre-feet of water deliverable under sections 304(a)(1) and 306(a)(1) outside the San Xavier Reservation for any period during which there is no identified actual use of the water within the San Xavier Reservation;“(II) as a first right of use, to use the remaining acre-feet of water deliverable under sections 304(a)(1) and 306(a)(1) for any purpose and duration authorized by this title within or outside the Nation’s Reservation; and“(III) subject to section 308(e), as an exclusive right, to transfer or otherwise dispose of the storage credits that may be lawfully transferred or otherwise disposed of to persons for recovery outside the Nation’s Reservation;“(iii) shall issue permits to persons or entities for use of the water resources referred to in clause (i);“(iv) shall, on timely receipt of an order for water by a permittee under a permit for Central Arizona Project water referred to in clause (i), submit the order to—118 STAT. 3550 “(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); and118 STAT. 3551“(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; and118 STAT. 3552“(ii) recommends specific corrective language for each nonconforming provision.“(2) Revision by nation.—If the Secretary identifies nonconforming provisions in the water code under paragraph (1)(B)(i), the Nation shall revise the water code in accordance with the recommendations of the Secretary under paragraph (1)(B)(ii).“(3) Interim authority.—Until such time as the Nation revises the water code of the Nation in accordance with paragraph (2) and the Secretary subsequently approves the water code, the Secretary may exercise any lawful authority of the Secretary under section 7 of the Act of February 8, 1887 (25 U.S.C. 381).“(4) Limitation.—Except as provided in this subsection, nothing in this title requires the approval of the Secretary of the water code of the Nation (or any amendment to that water code).“(d) Water Management Plans.—“(1) In general.—The Secretary shall establish, for the San Xavier Reservation and the eastern Schuk Toak District, water management plans that meet the requirements described in paragraph (2).“(2) Requirements.—Water management plans established under paragraph (1)—“(A) shall be developed under contracts executed under section 311 between the Secretary and the San Xavier District for the San Xavier Reservation, and between the Secretary and the Nation for the eastern Schuk Toak District, as applicable, that permit expenditures, exclusive of administrative expenses of the Secretary, of not more than—“(i) with respect to a contract between the Secretary and the San Xavier District, $891,200; and“(ii) with respect to a contract between the Secretary and the Nation, $237,200;“(B) shall, at a minimum—“(i) provide for the measurement of all groundwater withdrawals, including withdrawals from each well that is not an exempt well;“(ii) provide for—“(I) reasonable recordkeeping of water use, including the quantities of water stored underground and recovered each calendar year; and“(II) a system for the reporting of withdrawals from each well that is not an exempt well;“(iii) provide for the direct storage and deferred storage of water, including the implementation of underground storage and recovery projects, in accordance with this section;“(iv) provide for the annual exchange of information collected under clauses (i) through (iii)—“(I) between the Nation and the Arizona Department of Water Resources; and“(II) between the Nation and the city of Tucson, Arizona;“(v) provide for—“(I) the efficient use of water; and118 STAT. 3553“(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.—118 STAT. 3554 “(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, 118 STAT. 3555 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—118 STAT. 3556 “(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 118 STAT. 3557 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.118 STAT. 3558“(2) Agreements.—The agreements described in this paragraph are—“(A) the Tohono O’odham settlement agreement, to the extent that—“(i) the Tohono O’odham settlement agreement is consistent with this title; and“(ii) parties to the Tohono O’odham settlement agreement other than the Secretary have executed that agreement;“(B) the Tucson agreement (attached to the Tohono O’odham settlement agreement as exhibit 12.1); and“(C)(i) the Asarco agreement (attached to the Tohono O’odham settlement agreement as exhibit 13.1 to the Tohono O’odham settlement agreement);“(ii) lease No. H54–0916–0972, dated April 26, 1972, and approved by the United States on November 14, 1972; and“(iii) any new well site lease as provided for in the Asarco agreement; and“(D) the FICO agreement (attached to the Tohono O’odham settlement agreement as Exhibit 14.1).“(3) Relation to other law.—“(A) Environmental compliance.—In implementing an agreement described in paragraph (2), the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.“(B) Execution of agreement.—Execution of an agreement described in paragraph (2) by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all necessary environmental compliance required by Federal law in implementing an agreement described in paragraph (2).“(C) Lead agency.—The Bureau of Reclamation shall be the lead agency with respect to environmental compliance under the agreements described in paragraph (2). “(i) Disbursements From Tucson Interim Water Lease.—The Secretary shall disburse to the Nation, without condition, all proceeds from the Tucson interim water lease.“(j) Use of Gross Proceeds.—“(1) Definition of gross proceeds.—In this subsection, the term ‘gross proceeds’ means all proceeds, without reduction, received by the Nation from—“(A) the Tucson interim water lease;“(B) the Asarco agreement; and “(C) any agreement similar to the Asarco agreement to store Central Arizona Project water of the Nation, instead of pumping groundwater, for the purpose of protecting water of the Nation; provided, however, that gross proceeds shall not include proceeds from the transfer of Central Arizona Project water in excess of 20,000 acre feet annually pursuant to any agreement under this 118 STAT. 3559 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 118 STAT. 3560 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 118 STAT. 3561 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, 118 STAT. 3562 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 118 STAT. 3563 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; and118 STAT. 3564“(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 118 STAT. 3565 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 118 STAT. 3566 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.118 STAT. 3567“(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.118 STAT. 3568“(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).118 STAT. 3569 “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; 118 STAT. 3570“(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;118 STAT. 3571“(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).” .