Page:United States Statutes at Large Volume 124.djvu/3117

 124 STAT. 3091 PUBLIC LAW 111–291—DEC. 8, 2010 (1) IN GENERAL.—In the case of a civil action described in paragraph (2)— (A) the United States or the Tribe, or both, may be joined in the civil action; and (B) any claim by the United States or the Tribe to sovereign immunity from the civil action is waived for the sole purpose of resolving any issue regarding the interpretation or enforcement of this title or the Agreement. (2) DESCRIPTION OF CIVIL ACTION.—A civil action referred to in paragraph (1) is a civil action filed— (A) by any party to the Agreement or signatory to an exhibit to the Agreement in a United States or State court that— (i) relates solely and directly to the interpretation or enforcement of this title or the Agreement; and (ii) names as a party the United States or the Tribe; or (B) by a landowner or water user in the Gila River basin or Little Colorado River basin in the State that— (i) relates solely and directly to the interpretation or enforcement of section 309 of this title and para- graph 12.0 of the Agreement; and (ii) names as a party the United States or the Tribe. (b) EFFECT OF TITLE.—Nothing in this title quantifies or other- wise affects any water right or claim or entitlement to water of any Indian tribe, band, or community other than the Tribe. (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 amount paid to the Tribe by any party to the Agreement other than the United States; or (B) to review or approve the expenditure of those funds. (2) INDEMNIFICATION.—The Tribe shall indemnify the United States, and hold the United States harmless, with respect to any claim (including claims for takings or breach of trust) arising out of the receipt or expenditure of funds described in paragraph (1)(A). (d) APPLICABILITY OF RECLAMATION REFORM ACT.—The Rec- lamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage limitation or full-cost pricing provision under Federal law shall not apply to any individual, entity, or land solely on the basis of— (1) receipt of any benefit under this title; (2) the execution or performance of the Agreement; or (3) the use, storage, delivery, lease, or exchange of CAP water. (e) SECRETARIAL POWER SITES.—The portions of the following named secretarial power site reserves that are located on the Fort Apache Indian Reservation or the San Carlos Apache Reservation, as applicable, shall be transferred and restored into the name of the Tribe or the San Carlos Apache Tribe, respectively: (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 E.). (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26E.;T.3N., R.26E.).