201 
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 exe-
cuted under section 311 between the Secretary 
and the San Xavier District for the San 
XavierReservation, and between the Secretary 
and the Nation for the eastern Schuk Toak Dis-
trict, as applicable, that permit expenditures, ex-
clusive of administrative expenses of the Sec-
retary, of not more than— 
‘‘(i) with respect to a contract between 
the Secretary and the San Xavier District, 
$891,200; and
202 
‘‘(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 with-
drawals from each well that is not an ex-
empt well; 
‘‘(ii) provide for— 
‘‘(I) reasonable recordkeeping of 
water use, including the quantities of 
water stored underground and recov-
ered 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 im-
plementation 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)—
203 
‘‘(I) between the Nation and the 
Arizona Department of Water Re-
sources; and 
‘‘(II) between the Nation and the 
city of Tucson, Arizona; 
‘‘(v) provide for— 
‘‘(I) the efficient use of water; and 
‘‘(II) the prevention of waste; 
‘‘(vi) except on approval of the district 
council for a district in which a direct stor-
age project is established under subsection 
(e), provide that no direct storage credits 
earned as a result of the project shall be re-
covered at any location at which the recov-
ery 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 sub-
section (e), as applicable, within— 
‘‘(i) the San Xavier Reservation; or
204 
‘‘(ii) the eastern Schuk Toak District; 
and 
‘‘(D) shall be implemented and maintained 
by the Nation, with no obligation by the Sec-
retary. 
‘‘(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 sec-
tion 307(a)(1)(A), 10,000 acre-feet of ground-
water 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 subpara-
graph (A) in a year— 
‘‘(I) may be withdrawn in a sub-
sequent year; and 
‘‘(II) if any of that water is with-
drawn, shall be accounted for in ac-
205 
cordance with the Tohono O’odham set-
tlement agreement as a debit to the de-
ferred pumping storage account. 
‘‘(ii) LIMITATION.—The quantity of 
water authorized to be recovered as deferred 
pumping storage credits under this sub-
paragraph 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 au-
thorized to be pumped under subparagraphs (A) 
and (B), the Nation may annually recover with-
in the San Xavier Reservation all or a portion 
of the credits for water stored under a project de-
scribed in subsection (e). 
‘‘(2) EASTERN SCHUK TOAK DISTRICT.— 
‘‘(A) IN GENERAL.—In accordance with sec-
tion 307(a)(1)(B), 3,200 acre-feet of groundwater 
may be pumped annually within the eastern 
Schuk Toak District. 
‘‘(B) DEFERRED PUMPING.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), all or any portion of the 3,200 acre-feet
206 
of water not pumped under subparagraph 
(A) in a year— 
‘‘(I) may be withdrawn in a sub-
sequent year; and 
‘‘(II) if any of that water is with-
drawn, shall be accounted for in ac-
cordance with the Tohono O’odham set-
tlement agreement as a debit to the de-
ferred pumping storage account. 
‘‘(ii) LIMITATION.—The quantity of 
water authorized to be recovered as deferred 
pumping storage credits under this sub-
paragraph 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 au-
thorized to be pumped under subparagraphs (A) 
and (B), the Nation may annually recover with-
in the eastern Schuk Toak District all or a por-
tion of the credits for water stored under a 
project described in subsection (e). 
‘‘(3) INABILITY TO RECOVER GROUNDWATER.—
207 
‘‘(A) IN GENERAL.—The authorizations to 
pump groundwater in paragraphs (1) and (2) 
neither warrant nor guarantee that the ground-
water— 
‘‘(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 Na-
tion against any person or entity with-
drawing or using the water from any com-
mon 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 Res-
ervation or the eastern Schuk Toak District shall be exempt 
from all pumping limitations under this title.
208 
‘‘(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 com-
pensation in accordance with section 305(d). 
‘‘SEC. 309. USES OF WATER. 
‘‘(a) PERMISSIBLE USES.—Subject to other provisions 
of this section and other applicable law, the Nation may 
devote all water supplies granted or confirmed under this 
title, whether delivered by the Secretary or pumped by the 
Nation, to any use (including any agricultural, municipal, 
domestic, industrial, commercial, mining, underground 
storage, instream flow, riparian habitat maintenance, or 
recreational use). 
‘‘(b) USE AREA.— 
‘‘(1) USE WITHIN NATION’S RESERVATION.—Sub-
ject to subsection (d), the Nation may use at any loca-
tion within the Nation’s Reservation— 
‘‘(A) the water supplies acquired under sec-
tions 304(a) and 306(a); 
‘‘(B) groundwater supplies; and
209 
‘‘(C) storage credits acquired as a result of 
projects authorized under section 308(e), or de-
ferred storage credits described in section 308(f), 
except to the extent that use of those storage cred-
its causes the withdrawal of groundwater in vio-
lation of applicable Federal law. 
‘‘(2) USE
OUTSIDE
THE
NATION’S
RESERVA-
TION.— 
‘‘(A) IN GENERAL.—Water resources grant-
ed 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,
210 
but within the State, only in accordance with 
State law. 
‘‘(D) LIMITATION.—Deferred pumping stor-
age 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 di-
rect or indirect use outside the State. 
‘‘(c) EXCHANGES AND LEASES; CONDITIONS ON EX-
CHANGES 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).
211 
‘‘(2) LIMITATION ON ALIENATION.—The Nation 
shall not permanently alienate any water right under 
paragraph (1). 
‘‘(3) AUTHORIZED USES.—The water described 
in paragraph (1) shall be delivered within the Central 
Arizona Project service area for any use authorized 
under applicable law. 
‘‘(4) 
CONTRACT.—An 
assignment, 
exchange, 
lease, option, or temporary disposal described in 
paragraph (1) shall be executed only in accordance 
with a contract that— 
‘‘(A) is accepted by the Nation; 
‘‘(B) is ratified under a resolution of the 
Legislative Council of the Nation; 
‘‘(C) is approved by the United States as 
Trustee; and 
‘‘(D) with respect to any contract to which 
the United States or the Secretary is a party, 
provides that an action may be maintained by 
the contracting party against the United States 
and the Secretary for a breach of the contract by 
the United States or Secretary, as appropriate. 
‘‘(5) TERMS EXCEEDING 25 YEARS.—The terms 
and conditions established in paragraph 11 of the 
Tohono O’odham settlement agreement shall apply to
212 
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 Con-
servation District any water service capital charge. 
‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NON-
USE.—The failure of the Nation to make use of water pro-
vided under this title, or the use of, or failure to make use 
of, that water by any other person that enters into a con-
tract with the Nation under subsection (c) for the assign-
ment, exchange, lease, option for lease, or temporary dis-
posal of water, shall not diminish, reduce, or impair— 
‘‘(1) any water right of the Nation, as estab-
lished under this title or any other applicable law; or
213 
‘‘(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 Decem-
ber 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), as-
sign, 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 dur-
ing the term of the lease if the term of the renego-
tiated lease does not exceed 100 years;
214 
‘‘(3)(A) the Nation shall be entitled to all consid-
eration due to the Nation under any leases and any 
options to lease or exchanges or options to exchange 
the Nation’s Central Arizona Project water entered 
into by the Nation; and 
‘‘(B) the United States shall have no trust obli-
gation 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 Ari-
zona Project aqueduct is significantly reduced or is 
anticipated to be significantly reduced for an ex-
tended period of time, the Nation shall have the same 
Central Arizona Project delivery rights as other Cen-
tral 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 Res-
215 
ervation for the purposes of the Nation consistent 
with this title; 
‘‘(6) as authorized by subparagraph (A) of sec-
tion 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 Ari-
zona 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 con-
struction 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
216 
exchanges or options to exchange the Nation’s Central 
Arizona Project water entered into by the Nation; 
‘‘(9) the agreement of December 11, 1980, con-
forms with section 104(d) and section 306(a) of the 
Arizona Water Settlements Act; and 
‘‘(10) the amendments required by this sub-
section shall not apply to the 8,000 acre feet of Cen-
tral 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 para-
graph (2), to the extent that the agreement is not in 
conflict with this Act— 
‘‘(A) is authorized, ratified, and confirmed; 
and 
‘‘(B) shall be executed by the Secretary. 
‘‘(2) AGREEMENTS.—The agreements described 
in this paragraph are— 
‘‘(A) the Tohono O’odham settlement agree-
ment, to the extent that— 
‘‘(i) the Tohono O’odham settlement 
agreement is consistent with this title; and
217 
‘‘(ii) parties to the Tohono O’odham 
settlement agreement other than the Sec-
retary 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 ex-
hibit 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 Ex-
hibit 14.1). 
‘‘(3) RELATION TO OTHER LAW.— 
‘‘(A) 
ENVIRONMENTAL
COMPLIANCE.—In 
implementing an agreement described in para-
graph (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
218 
et seq.), and all other applicable environmental 
Acts and regulations. 
‘‘(B) EXECUTION OF AGREEMENT.—Execu-
tion of an agreement described in paragraph (2) 
by the Secretary under this section shall not con-
stitute a major Federal action under the Na-
tional Environmental Policy Act (42 U.S.C. 
4321 et seq.). The Secretary is directed to carry 
out all necessary environmental compliance re-
quired by Federal law in implementing an 
agreement described in paragraph (2). 
‘‘(C) LEAD AGENCY.—The Bureau of Rec-
lamation 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, with-
out 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 pro-
ceeds, without reduction, received by the Nation 
from— 
‘‘(A) the Tucson interim water lease;
219 
‘‘(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 Ar-
izona Project water in excess of 20,000 acre feet 
annually pursuant to any agreement under this 
subparagraph or under the Asarco agreement ref-
erenced in subparagraph (B). 
‘‘(2) ENTITLEMENT.—The Nation shall be enti-
tled 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 es-
tablished in the Treasury of the United States by sec-
tion 313 of the 1982 Act. 
‘‘(2) AMOUNTS IN COOPERATIVE FUND.—The co-
operative fund shall consist of—
220 
‘‘(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 depos-
ited to the cooperative fund under Federal law; 
‘‘(C) $5,250,000, as deposited in the cooper-
ative 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 Com-
pany; 
‘‘(II) the Cyprus-Pima Mining 
Company; 
‘‘(III) the American Smelting and 
Refining Company; 
‘‘(IV) the Duval Corporation; and
221 
‘‘(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 deter-
mines are necessary to carry out obligations of the 
Secretary under this title, including to pay— 
‘‘(A) the variable costs relating to the deliv-
ery of water under sections 304 through 306; 
‘‘(B) fixed operation maintenance and re-
placement costs relating to the delivery of water
222 
under sections 304 through 306, to the extent 
that funds are not available from the Lower Col-
orado 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 Sec-
retary, 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 Treas-
ury 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 deter-
mined by the Secretary. Investments may be made 
only in interest-bearing obligations of the United 
States.
223 
‘‘(2) CREDITS TO COOPERATIVE FUND.—The in-
terest on, and the proceeds from the sale or redemp-
tion 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 Treas-
ury. 
‘‘(2) ADJUSTMENTS.—Proper adjustment shall be 
made in amounts subsequently transferred to the ex-
tent 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 avail-
able 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 Com-
missioner of Reclamation, acting on behalf of the Secretary)
224 
under this title shall be subject to the Indian Self-Deter-
mination 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 consid-
ered to be an eligible contractor for purposes of this 
title. 
‘‘(2) TECHNICAL
ASSISTANCE.—The Secretary 
shall provide to the San Xavier District technical as-
sistance in carrying out the contracting requirements 
under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(c) GROUNDWATER MONITORING PROGRAMS.— 
‘‘(1) SAN
XAVIER
INDIAN
RESERVATION
PRO-
GRAM.— 
‘‘(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 with-
225 
drawn 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
PRO-
GRAM.— 
‘‘(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 with-
drawn 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 con-
sult with representatives of— 
‘‘(i) the Nation;
226 
‘‘(ii) the San Xavier District and 
Schuk Toak District, respectively; and 
‘‘(iii) appropriate State and local enti-
ties. 
‘‘(B) LIMITATION ON OBLIGATIONS OF SEC-
RETARY.—With respect to the groundwater moni-
toring programs described in paragraphs (1) and 
(2), the Secretary shall have no continuing obli-
gation relating to those programs beyond the ob-
ligations described in those paragraphs. 
‘‘(d) WATER RESOURCES STUDY.—To assist the Na-
tion in developing sources of water, the Secretary shall con-
duct 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 Fed-
eral entity is established to provide financial assistance to 
carry out arid land renewable resources projects and to en-
courage and ensure investment in the development of domes-
tic sources of arid land renewable resources, the entity 
shall— 
‘‘(1) give first priority to the needs of the Nation 
in providing that assistance; and
227 
‘‘(2) make available to the Nation, San Xavier 
District, Schuk Toak District, and San Xavier Coop-
erative Association price guarantees, loans, loan guar-
antees, purchase agreements, and joint venture 
projects at a level that the entity determines will— 
‘‘(A) facilitate the cultivation of such min-
imum number of acres as is determined by the 
entity to be necessary to ensure economically suc-
cessful 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 Xa-
vier 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.
228 
‘‘(2) COMPONENTS.—The study under paragraph 
(1) shall include— 
‘‘(A) an analysis of the manner in which 
land exchanges could be accomplished to main-
tain a contiguous land base for the San Xavier 
Reservation; and 
‘‘(B) a description of the legal status ex-
changed land should have to maintain the polit-
ical integrity of the San Xavier Reservation. 
‘‘(3) LIMITATION
ON
EXPENDITURES.—In car-
rying 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 re-
leases— 
‘‘(1) any and all past, present, and future claims 
for water rights (including claims based on aboriginal 
occupancy) arising from time immemorial and, there-
after, forever, and claims for injuries to water rights 
arising from time immemorial through the enforce-
ability date, for land within the Tucson management 
area, against—
229 
‘‘(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 imme-
morial through the enforceability date, and claims for 
failure to protect, acquire, or develop water rights for 
land within the San Xavier Reservation and the east-
ern 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-Reserva-
tion 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
230 
‘‘(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 execu-
tion 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 CLASS-
ES.—The Tohono O’odham settlement agreement shall pro-
vide 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, there-
after, forever, claims for injuries to water rights aris-
ing 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);
231 
‘‘(2) any and all claims for water rights arising 
from time immemorial and, thereafter, forever, claims 
for injuries to water rights arising from time imme-
morial 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 execu-
tion of the Tohono O’odham settlement agreement or 
the negotiation or enactment of this title, against— 
‘‘(A) the United States;
232 
‘‘(B) the State (or any agency or political 
subdivision of the State); 
‘‘(C) any municipal corporation; and 
‘‘(D) any other person or entity; and 
‘‘(5) any and all past, present, and future claims 
for water rights arising from time immemorial and, 
thereafter, forever, and claims for injuries to water 
rights arising from time immemorial through the en-
forceability 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 allot-
ted land shall retain rights to share in the water re-
sources 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, there-
after, forever, and claims for injuries to water rights 
arising from time immemorial through the enforce-
233 
ability 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-Reserva-
tion 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
234 
this title and the Tohono O’odham settlement agree-
ment with respect to uses within the San Xavier Res-
ervation); and 
‘‘(4) claims against Asarco on behalf of the allot-
tee 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 PROTEC-
TION 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 ground-
water protection program described in paragraph 8.8 
of the Tohono O’odham settlement agreement; and 
‘‘(2) if, after the enforceability date, the State 
law is amended so as to have a material adverse effect 
on the Nation, shall have a right to relief in the State 
court having jurisdiction over Gila River adjudica-
tion 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 ef-
fect of the groundwater pumping that exceeds that
235 
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 dam-
age 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
236 
resources granted or confirmed under this title 
and the Tohono O’odham settlement agreement; 
and 
‘‘(C) any rights of the allottees to ground-
water, 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 Res-
ervation may— 
‘‘(A) assert any past, present, or future 
claim for water rights arising from time imme-
morial 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 polit-
ical 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.
237 
‘‘(3) CLAIMS
BY
FEE
OWNERS
OF
ALLOTTED 
LAND.— 
‘‘(A) IN GENERAL.—No fee owner of allotted 
land within the San Xavier Reservation may as-
sert any claim to the extent that— 
‘‘(i) the claim has been waived and re-
leased in the Tohono O’odham settlement 
agreement; and 
‘‘(ii) the fee owner of allotted land as-
serting the claim is a member of the appli-
cable allottee class. 
‘‘(B) OFFSET.—Any benefits awarded to a 
fee owner of allotted land as a result of a success-
ful claim shall be offset by benefits received by 
that fee owner of allotted land under this title. 
‘‘(4) LIMITATION OF CLAIMS AGAINST THE NA-
TION.— 
‘‘(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 sec-
238 
tion 308, the allottees shall retain rights to share 
in the water resources granted or confirmed 
under this title and the Tohono O’odham settle-
ment agreement. 
‘‘(g) CONSENT.— 
‘‘(1) GRANT OF CONSENT.—Congress grants to 
the Nation and the San Xavier Cooperative Associa-
tion 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 subpara-
graph (B), the exclusive remedy for a civil action 
maintained under this subsection shall be mone-
tary 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 Con-
gress; and
239 
‘‘(ii) paid to the claimant by the Sec-
retary in partial or complete satisfaction of 
the claim. 
‘‘(3) NO CLAIMS ESTABLISHED.—Except as pro-
vided in paragraph (1), nothing in the subsection es-
tablishes any claim against the United States. 
‘‘(h) JURISDICTION; WAIVER
OF IMMUNITY; PAR-
TIES.— 
‘‘(1) JURISDICTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (i), the State court having jurisdiction 
over Gila River adjudication proceedings and de-
crees, shall have jurisdiction over— 
‘‘(i) civil actions relating to the inter-
pretation and enforcement of— 
‘‘(I) this title; 
‘‘(II) the Tohono O’odham settle-
ment 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 eq-
uitable remedies with respect to, claims of 
the allottees or fee owners of allotted land
240 
that are not claims for water rights, inju-
ries to water rights or other claims that are 
barred or waived and released under this 
title or the Tohono O’odham settlement 
agreement. 
‘‘(B) LIMITATION.—Except as provided in 
subparagraph (A), no State court or court of the 
Nation shall have jurisdiction over any civil ac-
tion 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 gov-
ernmental 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
241 
title (unless the entity waives immunity for the 
claims and remedies prescribed in the agree-
ment)— 
‘‘(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 ac-
tion; and 
‘‘(ii) the waivers of sovereign immu-
nity under subparagraph (A) shall have no 
effect in the civil action. 
‘‘(C) MONETARY RELIEF.—A waiver of im-
munity 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, accom-
panied by a request for consultation. 
‘‘(B) JOINDER.—If the Nation is not a 
party to a civil action as originally commenced
242 
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 juris-
diction to manage, control, permit, administer, and 
otherwise regulate the water resources granted or con-
firmed under this title and the Tohono O’odham set-
tlement agreement— 
‘‘(A) with respect to the use of those re-
sources by— 
‘‘(i) the Nation; 
‘‘(ii) individual members of the Na-
tion; 
‘‘(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
243 
paragraph (1) shall be vested in the courts of the Na-
tion. 
‘‘(3) APPLICABLE LAW.—The regulatory and re-
medial 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 Fed-
eral 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 Na-
tion, 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 Con-
gress specifically authorizing the transfer for the ben-
efit 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
244 
‘‘(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 Arizona 
Project, the costs associated with the delivery of Central Ari-
zona 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, op-
tion to lease, or other agreement for the temporary disposi-
tion of water entered into by the Nation— 
‘‘(1) shall be nonreimbursable; and 
‘‘(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—
245 
‘‘(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 reim-
bursement 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 Replace-
ment 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 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.
246 
‘‘(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 govern-
mental 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
SUBJUGA-
TION.—The Nation shall reserve in the trust fund re-
authorized 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—
247 
‘‘(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 oc-
currence 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 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 Au-
248 
thority (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 allot-
ted land in the San Xavier Reservation from lawfully 
acquiring water rights for use in the Tucson manage-
ment area in addition to the water rights granted or 
confirmed under this title and the Tohono O’odham 
settlement agreement; 
‘‘(4) abrogates any rights or remedies existing 
under section 1346 or 1491 of title 28, United States 
Code; 
‘‘(5) affects the obligations of the parties under 
the Agreement of December 11, 1980, with respect to 
the 8,000 acre feet of Central Arizona Project water 
contracted by the Nation for the Sif Oidak District; 
‘‘(6)(A) applies to any exempt well; 
‘‘(B) prohibits or limits the drilling of any 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—
249 
‘‘(A) contracts of the Nation in existence be-
fore 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 allo-
cation 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 Na-
tion or the San Xavier District under this Act; 
or 
‘‘(B) to review or approve the expenditure 
of those funds. 
‘‘(2) INDEMNIFICATION.—The Nation shall in-
demnify the United States, and hold the United 
States harmless, with respect to any and all claims 
(including claims for takings or breach of trust) aris-
ing out of the receipt or expenditure of funds de-
scribed in paragraph (1)(A).
250 
‘‘SEC. 317. AUTHORIZED COSTS. 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated— 
‘‘(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 Sec-
retary 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 im-
plement section 304(c)(3)(B), including an adjust-
ment representing interest that would have been 
earned if this amount had been deposited in the coop-
erative fund during the period beginning on January 
1, 2008, and ending on the date the amount is actu-
ally paid to the San Xavier District;
251 
‘‘(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 ground-
water monitoring program for the San Xavier Res-
ervation 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 ex-
change 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 con-
sidered 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).’’.
252 
SEC. 302. SOUTHERN ARIZONA WATER RIGHTS SETTLE-
MENT EFFECTIVE DATE. 
(a) DEFINITIONS.—The definitions under section 301 
of the Southern Arizona Water Rights Settlement Amend-
ments Act of 2004 (as contained in the amendment made 
by section 301) shall apply to this title. 
(b) EFFECTIVE DATE.—This title and the amendments 
made by this title take effect as of the enforceability date, 
which is the date the Secretary publishes in the Federal 
Register a statement of findings that— 
(1)(A) to the extent that the Tohono O’odham 
settlement agreement conflicts with this title or an 
amendment made by this title, the Tohono O’odham 
settlement agreement has been revised through an 
amendment to eliminate those conflicts; and 
(B) the Tohono O’odham settlement agreement, 
as so revised, has been executed by the parties and the 
Secretary; 
(2) the Secretary and other parties to the agree-
ments described in section 309(h)(2) of the Southern 
Arizona Water Rights Settlement Amendments Act of 
2004 (as contained in the amendment made by sec-
tion 301) have executed those agreements; 
(3) the Secretary has approved the interim allot-
tee water rights code described in section 308(b)(3)(A) 
of the Southern Arizona Water Rights Settlement
253 
Amendments Act of 2004 (as contained in the amend-
ment made by section 301); 
(4) final dismissal with prejudice has been en-
tered in each of the Alvarez case and the Tucson case 
on the sole condition that the Secretary publishes the 
findings specified in this section; 
(5) the judgment and decree attached to the 
Tohono O’odham settlement agreement as exhibit 17.1 
has been approved by the State court having jurisdic-
tion over the Gila River adjudication proceedings, 
and that judgment and decree have become final and 
nonappealable; 
(6) implementation costs have been identified 
and retained in the Lower Colorado River Basin De-
velopment Fund, specifically— 
(A) 
$18,300,000 
to 
implement 
section 
304(c)(3); 
(B) $891,200 to implement a water man-
agement plan for the San Xavier Reservation 
under section 308(d) of the Southern Arizona 
Water Rights Settlement Amendments Act of 
2004 (as contained in the amendment made by 
section 301); 
(C) $237,200 to implement a water man-
agement plan for the eastern Schuk Toak Dis-
254 
trict under section 308(d) of the Southern Ari-
zona Water Rights Settlement Amendments Act 
of 2004 (as contained in the amendment made 
by section 301); 
(D) $4,000,000 to complete the water re-
sources study under section 311(d) of the South-
ern Arizona Water Rights Settlement Amend-
ments Act of 2004 (as contained in the amend-
ment made by section 301); 
(E) $215,000 to develop and implement a 
groundwater monitoring program for the San 
Xavier Reservation under section 311(c)(1) of the 
Southern Arizona Water Rights Settlement 
Amendments Act of 2004 (as contained in the 
amendment made by section 301); 
(F) $175,000 to develop and implement a 
groundwater monitoring program for the eastern 
Schuk Toak District under section 311(c)(2) of 
the Southern Arizona Water Rights Settlement 
Amendments Act of 2004 (as contained in the 
amendment made by section 301); and 
(G) $250,000 to complete the Asarco land 
exchange study under section 311(f) of the South-
ern Arizona Water Rights Settlement Amend-
255 
ments Act of 2004 (as contained in the amend-
ment made by section 301); 
(7) the State has enacted legislation that— 
(A) qualifies the Nation to earn long-term 
storage credits under the Asarco agreement; 
(B) implements the San Xavier ground-
water protection program in accordance with 
paragraph 8.8 of the Tohono O’odham settlement 
agreement; 
(C) enables the State to carry out section 
306(b); and 
(D) confirms the jurisdiction of the State 
court having jurisdiction over Gila River adju-
dication proceedings and decrees to carry out the 
provisions of sections 312(d) and 312(h) of the 
Southern Arizona Water Rights Settlement 
Amendments Act of 2004 (as contained in the 
amendment made by section 301); 
(8) the Secretary and the State have agreed to 
an acceptable firming schedule referred to in section 
105(b)(2)(C); and 
(9) a final judgment has been entered in Central 
Arizona Water Conservation District v. United States 
(No. CIV 95–625–TUC–WDB(EHC), No. CIV 95– 
1720–PHX–EHC) (Consolidated Action) in accord-
256 
ance with the repayment stipulation as provided in 
section 207. 
(c) FAILURE TO PUBLISH STATEMENT
OF FIND-
INGS.—If the Secretary does not publish a statement of 
findings under subsection (a) by December 31, 2007— 
(1) the 1982 Act shall remain in full force and 
effect; 
(2) this title shall not take effect; and 
(3) any funds made available by the State under 
this title that are not expended, together with any in-
terest on those funds, shall immediately revert to the 
State. 
TITLE IV—SAN CARLOS APACHE 
TRIBE WATER RIGHTS SET-
TLEMENT 
SEC. 401. EFFECT OF TITLES I, II, AND III. 
None of the provisions of title I, II, or III or the agree-
ments, attachments, exhibits, or stipulations referenced in 
those titles shall be construed to— 
(1) amend, alter, or limit the authority of— 
(A) the United States to assert any claim 
against any party, including any claim for 
water rights, injury to water rights, or injury to 
water quality in its capacity as trustee for the 
San Carlos Apache Tribe, its members and
257 
allottees, or in any other capacity on behalf of 
the San Carlos Apache Tribe, its members, and 
allottees, in any judicial, administrative, or leg-
islative proceeding; or 
(B) the San Carlos Apache Tribe to assert 
any claim against any party, including any 
claim for water rights, injury to water rights, or 
injury to water quality in its own behalf or on 
behalf of its members and allottees in any judi-
cial, administrative, or legislative proceeding 
consistent with title XXXVII of Public Law 102– 
575 (106 Stat. 4600, 4740); or 
(2) amend or alter the CAP Contract for the San 
Carlos Apache Tribe dated December 11, 1980, as 
amended April 29, 1999. 
SEC. 402. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act and annually thereafter, the Sec-
retary shall submit to the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on Re-
sources of the House of Representatives a report that de-
scribes the status of efforts to reach a negotiated agreement 
covering the Gila River water rights claims of the San Car-
los Apache Tribe.
258 
(b) TERMINATION.—This section shall be of no effect 
after the later of— 
(1) the date that is 3 years after the date of en-
actment of this Act; or 
(2) the date on which the Secretary submits a 
third annual report under this section. 
SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 
(a) SAN CARLOS APACHE TRIBE.—There is authorized 
to be appropriated to assist the San Carlos Apache Tribe 
in completing comprehensive water resources negotiations 
leading to a comprehensive Gila River water settlement for 
the Tribe, including soil and water technical analyses, legal, 
paralegal, and other related efforts, $150,000 for fiscal year 
2006. 
(b) WHITE MOUNTAIN APACHE TRIBE.—There is au-
thorized to be appropriated to assist the White Mountain 
Apache Tribe in completing comprehensive water resources 
negotiations leading to a comprehensive water settlement 
for the Tribe, including soil and water technical analyses, 
legal, paralegal, and other related efforts, $150,000 for fiscal 
year 2006. 
(c) OTHER ARIZONA INDIAN TRIBES.—There is au-
thorized to be appropriated to the Secretary to assist Ari-
zona Indian tribes (other than those specified in subsections 
(a) and (b)) in completing comprehensive water resources
259 
negotiations leading to a comprehensive water settlement 
for the Arizona Indian tribes, including soil and water tech-
nical analyses, legal, paralegal, and other related efforts, 
$300,000 for fiscal year 2006. 
(d) NO LIMITATION ON OTHER FUNDING.—Amounts 
made available under subsections (a), (b), and (c) shall not 
limit, and shall be in addition to, other amounts available 
for Arizona tribal water rights negotiations leading to com-
prehensive water settlements.
Union Calendar No. 483 
108TH CONGRESS 
2D SESSION 
H. R. 885 
[Report No. 108–793] 
A BILL 
To provide for adjustments to the Central Arizona 
Project in Arizona, to authorize the Gila River 
Indian Community water rights settlement, to re-
authorize and amend the Southern Arizona 
Water Rights Settlement Act of 1982, and for 
other purposes. 
NOVEMBER 20, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed