118 STAT. 3496 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(i) to pay the costs associated with the construc- tion of on-reservation Central Arizona Project distribu- tion systems for the Yavapai Apache (Camp Verde), Tohono O’odham Nation (Sif Oidak District), Pascua Yaqui, and Tonto Apache tribes; and ‘‘(ii) to make payments to those tribes in accord- ance with paragraph 8(d)(i)(1)(iv) of the repayment stipulation (as defined in section 2 of the Arizona Water Settlements Act), except that if a water rights settle- ment Act of Congress authorizes such construction, payments to those tribes shall be made from funds in the Future Indian Water Settlement Subaccount; and ‘‘(F) if any amounts remain in the development fund at the end of a fiscal year, to be carried over to the following fiscal year for use for the purposes described in subpara- graphs (A) through (E). ‘‘(3) REVENUE FUNDS IN EXCESS OF REVENUE FUNDS CRED- ITED AGAINST CENTRAL ARIZONA WATER CONSERVATION DISTRICT PAYMENTS.—The funds and portion of revenues described in paragraph (1) that are in excess of amounts credited under paragraph (1) shall be available, on an annual basis, without further appropriation, in order of priority— ‘‘(A) to pay annually the fixed operation, maintenance and replacement charges associated with the delivery of Central Arizona Project water under long-term contracts held by Arizona Indian tribes (as defined in section 2 of the Arizona Water Settlements Act); ‘‘(B) to make the final outstanding annual payment for the costs of each unit of the projects authorized under title III that are to be repaid by the Central Arizona Water Conservation District; ‘‘(C) to reimburse the general fund of the Treasury for fixed operation, maintenance, and replacement charges previously paid under paragraph (2)(A); ‘‘(D) to reimburse the general fund of the Treasury for costs previously paid under subparagraphs (B) through (E) of paragraph (2); ‘‘(E) to pay to the general fund of the Treasury the annual installment on any debt relating to the Central Arizona Project under section 9(d) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(d)), made nonreimburs- able under section 106(b) of the Arizona Water Settlements Act; ‘‘(F) to pay to the general fund of the Treasury the difference between— ‘‘(i) the costs of each unit of the projects authorized under title III that are repayable by the Central Arizona Water Conservation District; and ‘‘(ii) any costs allocated to reimbursable functions under any Central Arizona Project cost allocation undertaken by the United States; and ‘‘(G) for deposit in the general fund of the Treasury. ‘‘(4) INVESTMENT OF AMOUNTS.— ‘‘(A) IN GENERAL.—The Secretary of the Treasury shall invest such portion of the development fund as is not, VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00030 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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