118 STAT. 3548 PUBLIC LAW 108–451—DEC. 10, 2004 of water to those systems, for the operation, mainte- nance, and replacement of those systems in accordance with the first section of the Act of August 1, 1914 (25 U.S.C. 385); and ‘‘(iii) with respect to the consent of the Nation to contracting— ‘‘(I) the consent is limited solely to contracts for— ‘‘(aa) the design and construction of the delivery and distribution system and the rehabilitation of the irrigation system for the cooperative farm; ‘‘(bb) the extension of the irrigation system for the cooperative farm; ‘‘(cc) the subjugation of land to be served by the extension of the irrigation system; ‘‘(dd) the design and construction of stor- age facilities solely for water deliverable for use within the San Xavier Reservation; and ‘‘(ee) the completion by the Secretary of a water resources study of the San Xavier Reservation and subsequent preparation of a water management plan under section 308(d); ‘‘(II) the Nation shall reserve the right to seek retrocession or reassumption of contracts described in subclause (I), and recontracting under subpart P and other applicable provisions of part 900 of title 25, Code of Federal Regulations (or any suc- cessor regulations); ‘‘(III) the Nation, on granting consent to such contracting, shall be released from any responsi- bility, liability, claim, or cost from and after the date on which consent is given, with respect to past action or inaction by the Nation, and subse- quent action or inaction by the San Xavier District, relating to the design and construction of irrigation systems for the cooperative farm or the Central Arizona Project link pipeline; and ‘‘(IV) the Secretary shall, on the request of the Nation, execute a waiver and release to carry out subclause (III); ‘‘(F) to subjugate, at no cost to the United States, the land for which the irrigation systems under paragraphs (2) and (3) of section 304(c) will be planned, designed, and constructed by the Secretary, on the condition that— ‘‘(i) the obligation of the Nation to subjugate the land in the cooperative farm that is to be served by the extension of the irrigation system under section 304(c)(2) shall be determined by the Secretary, in con- sultation with the Nation and the San Xavier Coopera- tive Association; and ‘‘(ii) subject to approval by the Secretary of a con- tract with the San Xavier District executed under sec- tion 311, to perform that subjugation, a determination by the Secretary of the subjugation costs under clause (i), and the provision of notice by the San Xavier Dis- trict to the Nation at least 180 days before the date Deadlines. Notice. Certification. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00082 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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