148
‘‘(B) LIMITATION.—Neither the courts of
the State of Arizona nor the courts of the Na-
tion shall have jurisdiction over actions de-
scribed in subparagraph (A).
‘‘(2) WAIVER.—
‘‘(A) IN
GENERAL.—The immunity from
suit of the United States and the Nation is
hereby waived solely for—
‘‘(i) declaratory judgment or injunc-
tive relief in any action arising under this
title; and
‘‘(ii) such claims and remedies as may
be prescribed in any agreement authorized
by this title.
‘‘(B) LIMITATION ON STANDING.—A gov-
ernmental entity not described in subparagraph
(A) that asserts immunity from suit shall not
have standing to initiate or assert any claim or
seek any remedy against the United States or
the Nation in any action, and the waivers of im-
munity of the United States and the Nation re-
ferred to in subparagraph (A) shall have no ef-
fect therein, if the action—
149
‘‘(i) arises under this title, unless such
entity waives immunity for declaratory
judgment or injunctive relief; or
‘‘(ii) arises under any agreement au-
thorized by this title, unless such entity
waives immunity for the claims and rem-
edies prescribed in the agreement.
‘‘(C) RULE OF CONSTRUCTION.—A waiver
of immunity under this paragraph shall not be
construed to extend to any claims for damages,
costs, attorneys’ fees or other monetary relief.
‘‘(3) NATION AS A PARTY.—An allottee or fee
owner of allotted land who intends to file an action
under paragraph (1)(A)(ii) shall give the Nation a
notice of intent to file such action, accompanied by
a request for consultation, not less than 60 days
prior to the date the action is commenced. If the
Nation is not a party in an action as originally com-
menced under paragraph (1)(A)(ii), the Nation shall
be joined as a party.
‘‘(h) REGULATION OF WATER RESOURCES AND AC-
TIONS WITHIN THE EXCLUSIVE JURISDICTION OF THE
NATION.—
‘‘(1) REGULATION
AND
DISPUTE
RESOLU-
TION.—
150
‘‘(A) REGULATION.—The Nation shall
have jurisdiction to manage, control, permit,
administer and otherwise regulate the water re-
sources granted or confirmed in this title and
the Settlement Agreement pursuant to section
308—
‘‘(i) with respect to the use of such re-
sources by the Nation, individual members
of the Nation, districts of the Nation, and
allottees; and
‘‘(ii) with respect to any entitlement
to such resources for which a fee owner of
allotted land has received a final deter-
mination under applicable law.
‘‘(B) DISPUTE RESOLUTION.—Jurisdiction
over any disputes related to the matters de-
scribed in subparagraph (A) shall be vested in
the courts of the Nation, subject to first ex-
hausting any administrative or other remedies
prescribed under the laws of the Nation.
‘‘(C) APPLICABLE
LAW.—The regulatory
and remedial procedures referred to in subpara-
graphs (A) and (B) shall be governed by and
construed in accordance with the laws of the
151
Nation and the laws of the United States which
are expressly applicable thereto.
‘‘(2) RESERVATION
OF
POWERS.—Nothing in
this title shall be construed to prohibit—
‘‘(A) the United States, in its own behalf
or as trustee, from exercising such rights as
may be expressly applicable to any issues which
may arise under section 308(i); or
‘‘(B) except as expressly prohibited by this
title or the Settlement Agreement, the Nation
from exercising regulatory or judicial authority
over other persons or entities regarding the
water resources referred to herein or otherwise
held by the Nation.
‘‘(i) STATUTORY
CONSTRUCTION.—
Nothing in this title shall be construed to
diminish or abrogate any obligations of the
Secretary or the Nation under the Agree-
ments of December 11, 1980 and October
11, 1983, as amended pursuant to sections
305(a) and 310(h).
‘‘SEC. 316. NONREIMBURSABLE COSTS.
‘‘(a) CENTRAL ARIZONA WATER CONSERVATION DIS-
TRICT.—For the purpose of determining the allocation
and repayment of costs of the Central Arizona Project as
152
provided for in article 9.3 of contract numbered 14–06–
W–245 between the United States and the Central Ari-
zona Water Conservation District, dated December 1,
1988, and any amendment or revision thereof, the costs
associated with the construction of facilities and with the
delivery of Central Arizona Project water for any use au-
thorized under this title shall be non-reimbursable, and
such costs shall be excluded from the repayment obligation
of the Central Arizona Water Conservation District.
‘‘(b) UNITED STATES.—The United States shall—
‘‘(1) make no claims against the Nation or the
allottees for reimbursement or repayment of the
costs associated with the construction of facilities
under the Colorado River Basin Project Act (Public
Law 90–537; 82 Stat. 885) (referred to in this sub-
section as ‘‘CRBPA’’), the delivery of Central Ari-
zona Project water for any use authorized by this
title, or any other costs arising out of the implemen-
tation of this title;
‘‘(2) make no claims against the Nation for re-
imbursement or repayment of the costs associated
with the construction of facilities under CRBA for
the benefit of lands known as the San Lucy Farm,
acquired by the Nation under the Gila Bend Indian
Reservation Lands Replacement Act (Public Law
153
99–503; 100 Stat. 1798), or the delivery of Central
Arizona Project water for use on such lands; and
‘‘(3) impose no assessment with regard to the
costs referred to in paragraphs (1) and (2) against
trust or allotted lands within the territorial jurisdic-
tion of the Nation or against the lands of the San
Lucy Farm.
‘‘SEC. 317. EFFECTIVE DATE.
This title shall be effective upon the final dismissal
with prejudice of United States v. Tucson, Adams v.
United States, and the consolidated claims of Alvarez v.
Tucson.’’
TITLE IV—SAN CARLOS APACHE
TRIBE WATER RIGHTS SET-
TLEMENT ACT OF 2000
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘San Carlos Apache
Tribe Water Rights Settlement Act of 2000’’.
TITLE V—ENFORCEMENT AND
EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE OF AUTHORIZATION OF APPRO-
PRIATIONS.
The authorizations contained in section 207 and sec-
tion 315 shall become effective as of the date on which
154
the Secretary of the Interior causes to be published in the
Federal Register a statement of findings that—
(1) the Gila River Indian Community Water
Settlement Agreement (as defined in section 203(b))
has been amended to the extent that such agreement
conflicts with title I, and has been executed by the
Secretary;
(2) the Secretary has fulfilled the requirements
of subsections (a), (b), and (e) of section 105, and
sections 107, 205, and 206;
(3) at least $40,000,000 of the funds made
available pursuant to section 108(a) has been depos-
ited into the Fund as provided for in section 108(b);
(4) the funds authorized to be appropriated by
section 106 and subsections (a), (b), and (c)(1) of
section 210 have been appropriated and are available
for the purposes authorized by such sections;
(5) the State of Arizona has appropriated and
paid to the Gila River Indian Community the
$llll required to be paid under paragraph
ll of the Gila River Indian Community (referred
to in this title as ‘‘GRIC’’) Agreement;
(6) the Salt River Project has paid to the Gila
River Indian Community $500,000 pursuant to Sub-
paragraph 17.9 of the GRIC Agreement;
155
(7) the stipulations attached to the GRIC
Agreement as Exhibits 27.8.1 Gila River General
Stream Adjudication, 27.8.2 Modified Globe Equity,
and 30.5.1.3 dismissal of other lawsuits, have been
approved by the respective courts;
(8) legislation has been adopted by the State of
Arizona to implement the Southside M&I Ground-
water Protection Program described in Paragraph
5.3 of the GRIC Agreement;
(9) the final dismissals with prejudice of United
States v. Tucson, (Civ. No. 75–39 TUC consol. with
Civ. No. 75–51 TUC–FRZ (D. Ariz.)), Adams v.
United States (Civ. No. 93–240 TUC–FRZ (D.
Ariz.)), and the consolidated claims of Alvarez v.
Tucson (Civ. No. 93–039 TUC–FRZ (D. Ariz.)),
have been entered by the United States District
Court for the District of Arizona; and
(10) a final judgment in Central Arizona Water
Conservation District v. United States (No. CIV 95–
625–TUC–WDB (EHC), No. CIV 95–1720 PHX–
EHC) (Consolidated Action) consistent with the
Order entered in that action by the Honorable Earl
H. Carroll on May 9, 2000, has been entered by the
United States District Court for the District of Ari-
zona.
156
SEC. 502. EXPIRATION OF EFFECTIVE DATE.
If the Secretarial statement of findings described in
section 501 has not been published by December 31,
2005—
(1) titles I, II, III and IV of this Act, and sec-
tion 501, together with any contracts entered into
pursuant to any provision of such titles, shall not be
effective; and
(2) any funds appropriated pursuant to sections
106(c) and 210, and any funds made available pur-
suant to section 108(a) and deposited in the fund
established in section 208(b), together with any in-
terest thereon, shall immediately revert to the Treas-
ury, as general revenues, and any funds appro-
priated by the State of Arizona pursuant to the
GRIC Agreement, together with any interest there-
on, shall immediately revert to the State of Arizona,
and any funds paid by the Salt River Project shall
immediately be returned to such Project.
Æ