118 STAT. 3544 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(II) health care services; ‘‘(III) education; ‘‘(IV) economic development loans and assist- ance; and ‘‘(V) legal assistance programs; ‘‘(iii) to provide benefits to allottees; ‘‘(iv) to pay the costs of activities of the San Xavier Allottees Association; or ‘‘(v) to pay any administrative costs incurred by the Nation or the San Xavier District in conjunction with any of the activities described in clauses (i) through (iv). ‘‘(2) NO LIABILITY OF SECRETARY; LIMITATION.— ‘‘(A) IN GENERAL.—The Secretary shall not— ‘‘(i) be responsible for any review, approval, or audit of the use and expenditure of the funds described in paragraph (1); or ‘‘(ii) be subject to liability for any claim or cause of action arising from the use or expenditure, by the Nation or the San Xavier District, of those funds. ‘‘(B) LIMITATION.—No portion of any funds described in paragraph (1) shall be used for per capita payments to any individual member of the Nation or any allottee. ‘‘SEC. 305. DELIVERIES UNDER EXISTING CONTRACT; ALTERNATIVE WATER SUPPLIES. ‘‘(a) DELIVERY OF WATER.— ‘‘(1) IN GENERAL.—The Secretary shall deliver water from the main project works of the Central Arizona Project, in such quantities, and in accordance with such terms and conditions, as are contained in the agreement of December 11, 1980, the 1982 Act, the agreement of October 11, 1983, and the Tohono O’odham settlement agreement (to the extent that the settle- ment agreement does not conflict with this Act), to 1 or more of— ‘‘(A) the cooperative farm; ‘‘(B) the eastern Schuk Toak District; ‘‘(C) turnouts existing on the enforceability date; and ‘‘(D) any other point of delivery on the Central Arizona Project main aqueduct that is agreed to by— ‘‘(i) the Secretary; ‘‘(ii) the operator of the Central Arizona Project; and ‘‘(iii) the Nation. ‘‘(2) DELIVERY.—The Secretary shall deliver the water cov- ered by sections 304(a) and 306(a), or an equivalent quantity of water from a source identified under subsection (b)(1), notwithstanding— ‘‘(A) any declaration by the Secretary of a water short- age on the Colorado River; or ‘‘(B) any other occurrence affecting water delivery caused by an act or omission of— ‘‘(i) the Secretary; ‘‘(ii) the United States; or ‘‘(iii) any officer, employee, contractor, or agent of the Secretary or United States. ‘‘(b) ACQUISITION OF LAND AND WATER.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00078 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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