Sec. 404. Lease or exchange agreements
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/bill/117/hr/5118/rds/section-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ; 25 U.S.C. 177 ) or any other provision of law, the CRIT is authorized, subject to the approval of the Secretary under section 407(a), and has the sole authority, to enter into, with any person, an agreement to lease or exchange, or an option to lease or exchange, a portion of the consumptive use for a use off the Reservation (referred to in this title as a lease or exchange agreement ), on the condition that the use off the Reservation is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties.
The term of any lease or exchange agreement entered into under subsection
(a)shall be mutually agreed, except that the term shall not exceed 100 years. Any lease or exchange agreement entered into under subsection
(a)may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 407(a), on the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years. Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law.
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Sec. 404
Lease or exchange agreements
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