SUBSIDENCE REMEDIATION PROGRAM.

SEC. 209. SUBSIDENCE REMEDIATION PROGRAM.(a) In General.—Subject to the availability of funds and consistent with the provisions of section 107(a), the Secretary shall establish a program under which the Bureau of Reclamation shall repair and remediate subsidence damage and related damage that occurs after the enforceability date.(b) Damage.—Under the program, the Community, a Community member, or an allottee may submit to the Secretary a request for the repair or remediation of—(1) subsidence damage; and(2) damage to personal property caused by the settling of geologic strata or cracking in the earth’s surface of any 118 STAT. 3523 length or depth, which settling or cracking is caused by pumping of underground water.(c) Repair or Remediation.—The Secretary shall perform the requested repair or remediation if—(1) the Secretary determines that the Community has not exceeded its right to withdraw underground water under the Gila River agreement; and(2) the Community, Community member, or allottee, and the Secretary as trustee for the Community, Community member, or allottee, execute a waiver and release of claim in the form specified in exhibit 25.9.1, 25.9.2, or 25.9.3 to the Gila River agreement, as applicable, to become effective on satisfactory completion of the requested repair or remediation, as determined under the Gila River agreement.(d) Specific Subsidence Damage.—Subject to the availability of funds, the Secretary, acting through the Commissioner of Reclamation, shall repair, remediate, and rehabilitate the subsidence damage that has occurred to land before the enforceability date within the Reservation, as specified in exhibit 30.21 to the Gila River agreement.