Page:United States Statutes at Large Volume 118.djvu/3600

 118 STAT. 3570 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(5) affects the obligations of the parties under the Agree- ment 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 deter- mines to be necessary to adjust the amount under subpara- graph (A) to account for ordinary fluctuations in the costs of construction of irrigation features for the period begin- ning 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; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00104 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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