123STA T . 13 9 9 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (F)COMPLIANCEW I TH OTHE R LAW .—Asubcontra ct de scr i bed in sub p ara g rap h (A) sha l lco m pl yw ith the Agree - ment , the P artial Final D ecree described in paragraph 3 . 0 o f the Agreement, and any other applicable law. ( G ) N O LIA B ILIT Y .— T he S ecretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this sub- section. ( 2 ) ALIENATION.— (A) PERMANENT ALIENATION.—The Nation shall not permanently alienate any right granted to the Nation under the Contract. ( B ) M A X IM U M TERM.—The term of any water use sub- contract (including a renewal) under this subsection shall be not more than 9 9 years. (3) NONINTERCOUR S E ACT COMPLIANCE.—This subsection— (A) pro v ides congressional authori z ation for the subcon- tracting rights of the Nation
and (B) is deemed to fulfill any re q uirement that may be imposed by section 2 1 1 6 of the R evised Statutes (2 5U .S.C. 1 7 7). ( 4 ) FOR F EITURE.—The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. (5) NO PER CAPITA PAYMENTS.—No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis. (d) W ATER L EASES NOT RE Q UIRIN G SUBCONTRACTS.— (1) AUTHORITY OF NATION.— (A) I N GENERAL.—The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Me x ico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that— (i) is decreed to the Nation under the Agreement; and (ii) is not sub j ect to the Contract. (B) COMPLIANCE WITH OTHER LAW.—In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Par- tial Final Decree described in paragraph 4.0 of the Agree- ment, and any other applicable law. (2) ALIENATION; MAXIMUM TERM.— (A) ALIENATION.—The Nation shall not permanently alienate any right granted to the Nation under the Agree- ment. (B) MAXIMUM TERM.—The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. (3) NO LIABILITY.—The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss
