Sec. 311. MISCELLANEOUS PROVISIONS
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## SEC. 311 MISCELLANEOUS PROVISIONS ###
(a)Limited Waiver of Sovereign Immunity ####
(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 paragraph 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 otherwise 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 Reclamation 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. 26 E.; T. 3 N., R. 26 E.). ####
(3)Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4½ N., R. 19 E.; T. 4½ N., R. 20 E.; T. 4½ N., R. 21 E.; T. 5 N., R. 19 E.). ####
(4)Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). ####
(5)Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.). ####
(6)Gleason Flat (T. 4½ N., R. 16 E.; T. 5 N., R. 16 E.). ###
(f)No Effect on Future Allocations Water received under a lease or exchange of tribal CAP water under this title shall not affect any future allocation or reallocation of CAP water by the Secretary. ###
(g)After-acquired Trust Land ####
(1)Requirement of act of congress #####
(A)Legal title Subject to subparagraph (B), after the enforceability date, if the Tribe seeks to have legal title to additional land in the State located outside the exterior boundaries of the reservation taken into trust by the United States for the benefit of the Tribe, the Tribe may do so only pursuant to an Act of Congress specifically authorizing the transfer for the benefit of the Tribe. #####
(B)Exceptions Subparagraph
(A)shall not apply to— ######
(i)the restoration of land to the reservation subsequently and finally determined to be part of the reservation through resolution of any dispute between the Tribe and the United States over the location of the reservation boundary, unless required by Federal law; or ######
(ii)off-reservation trust land acquired prior to January 1, 2008. ####
(2)Water rights #####
(A)In general After-acquired trust land that is located outside the reservation shall not include federally reserved rights to surface water or groundwater. #####
(B)Restored land Land that is restored to the reservation as the result of the resolution of any reservation boundary dispute between the Tribe and the United States, or any fee simple land within the reservation that is placed into trust, shall have water rights pursuant to section 308(b). ####
(3)Acceptance of land in trust status #####
(A)In general If the Tribe acquires legal fee title to land that is located within the exterior boundaries of the reservation, the Secretary shall accept the land in trust status for the benefit of the Tribe in accordance with applicable Federal law (including regulations) for such real estate acquisitions. #####
(B)Reservation status Land held in trust by the Secretary under subparagraph (A), or restored to the reservation as a result of resolution of a boundary dispute between the Tribe and the United States, shall be deemed to be part of the reservation. ###
(h)Conforming Amendment Section 3(b)(2) of the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110-390; 122 Stat. 4191) is amended by striking “January 1, 2013” and inserting “May 1, 2023”.
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- Pub. L. 110-390
- 122 Stat. 4191
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