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‘‘(2) it is the intent of Congress in enacting this 
title that future Acts of Congress described in para-
graph (1) should provide that land taken into trust 
under that paragraph will include only such water 
rights and water use privileges as are consistent 
with State water law and State water management 
policy; and 
‘‘(3) after-acquired trust land shall not include 
Federal reserved rights to surface water or ground-
water. 
‘‘(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 DIS-
TRICT.—For the purpose of determining the allocation 
and repayment of costs of any stage of the Central Ari-
zona Project constructed after the effective date, the costs 
associated with the delivery of Central Arizona Project 
water acquired under sections 304(a) and 306(a), whether 
that water is delivered for use by the Nation or in accord-
ance 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
198
‘‘(2) shall be excluded from the repayment obli-
gation 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 re-
imbursement or repayment of the costs associated 
with the construction of facilities described in para-
graph (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 Replace-
ment Act (100 Stat. 1798); and
199
‘‘(3) impose no assessment with respect to the 
costs referred to in paragraphs (1) and (2) 
against—
‘‘(A) trust or allotted land within the Na-
tion’s Reservation; or 
‘‘(B) the land described in paragraph (2). 
‘‘SEC. 315. TRUST FUND. 
‘‘(a) REAUTHORIZATION.—Congress reauthorizes the 
trust fund established by section 309 of the 1982 Act, con-
taining 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 ac-
crued interest and dividends in the trust fund established 
under section 309 of the 1982 Act may be—
‘‘(1) expended by the Nation for any govern-
mental purpose; and 
‘‘(2) invested by the Nation in accordance with 
such polices as the Nation may adopt. 
‘‘(c) RESPONSIBILITY
OF SECRETARY.—The Sec-
retary shall not—
‘‘(A) be responsible for the review, ap-
proval, or audit of the use and expenditure of 
any funds from the trust fund reauthorized by 
subsection (a); or
200
‘‘(B) be subject to liability for any claim or 
cause of action arising from the use or expendi-
ture by the Nation of those funds. 
‘‘(d) CONDITIONS OF TRUST.—
‘‘(1) RESERVE
FOR
THE
COST
OF
SUBJUGA-
TION.—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 enforce-
ability 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 para-
graph (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)—
201
‘‘(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 inapplica-
bility to groundwater of any doctrine of Federal re-
served 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 mem-
ber of the Nation, an allottee, or a fee owner of al-
lotted land in the San Xavier Reservation from law-
fully 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;
202
‘‘(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 ex-
empt 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 agree-
ment 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.