118 STAT. 3523 PUBLIC LAW 108–451—DEC. 10, 2004 length or depth, which settling or cracking is caused by pumping of underground water. (c) REPAIR OR REMEDIATION.—The Secretary shall perform the requested repair or remediation if— (1) the Secretary determines that the Community has not exceeded its right to withdraw underground water under the Gila River agreement; and (2) the Community, Community member, or allottee, and the Secretary as trustee for the Community, Community member, or allottee, execute a waiver and release of claim in the form specified in exhibit 25.9.1, 25.9.2, or 25.9.3 to the Gila River agreement, as applicable, to become effective on satisfactory completion of the requested repair or remedi- ation, as determined under the Gila River agreement. (d) SPECIFIC SUBSIDENCE DAMAGE.—Subject to the availability of funds, the Secretary, acting through the Commissioner of Rec- lamation, shall repair, remediate, and rehabilitate the subsidence damage that has occurred to land before the enforceability date within the Reservation, as specified in exhibit 30.21 to the Gila River agreement. SEC. 210. AFTER-ACQUIRED TRUST LAND. (a) REQUIREMENT OF ACT OF CONGRESS.—The Community may seek 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 Community pursuant only to an Act of Congress enacted after the date of enactment of this Act specifically authorizing the transfer for the benefit of the Community. (b) WATER RIGHTS.—After-acquired trust land shall not include federally reserved rights to surface water or groundwater. (c) SENSE OF CONGRESS.—It is the sense of Congress that future Acts of Congress authorizing land to be taken into trust under subsection (a) should provide that such land will have only such water rights and water use privileges as would be consistent with State water law and State water management policy. (d) ACCEPTANCE OF LAND IN TRUST STATUS.— (1) IN GENERAL.—If the Community acquires legal fee title to land that is located within the exterior boundaries of the Reservation (as defined in section 207(d)), the Secretary shall accept the land in trust status for the benefit of the Community upon receipt by the Secretary of a submission from the Commu- nity that provides evidence that— (A) the land meets the Department of the Interior’s minimum environmental standards and requirements for real estate acquisitions set forth in 602 DM 2.6, or any similar successor standards or requirements for real estate acquisitions in effect on the date of the Community’s submission; and (B) the title to the land meets applicable Federal title standards in effect on the date of the Community’s submis- sion. (2) RESERVATION STATUS.—Land taken or held in trust by the Secretary under paragraph (1) shall be deemed part of the Community’s reservation. SEC. 211. REDUCTION OF WATER RIGHTS. (a) REDUCTION OF TBI ELIGIBLE ACRES.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00057 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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