118 STAT. 3556 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(A) is accepted by the Nation; ‘‘(B) is ratified under a resolution of the Legislative Council of the Nation; ‘‘(C) is approved by the United States as Trustee; and ‘‘(D) with respect to any contract to which the United States or the Secretary is a party, provides that an action may be maintained by the contracting party against the United States and the Secretary for a breach of the contract by the United States or Secretary, as appropriate. ‘‘(5) TERMS EXCEEDING 25 YEARS.—The terms and conditions established in paragraph 11 of the Tohono O’odham settlement agreement shall apply to any contract under paragraph (4) that has a term of greater than 25 years. ‘‘(d) LIMITATIONS ON USE, EXCHANGES, AND LEASES.—The rights of the Nation to use water supplies under subsection (a), and to assign, exchange, lease, provide options to lease, or temporarily dispose of the water supplies under subsection (c), shall be exercised on conditions that ensure the availability of water supplies to satisfy the first right of beneficial use under section 307(a)(1)(G)(i). ‘‘(e) WATER SERVICE CAPITAL CHARGES.—In any transaction entered into by the Nation and another person under subsection (c) with respect to Central Arizona Project water of the Nation, the person shall not be obligated to pay to the United States or the Central Arizona Water Conservation District any water service capital charge. ‘‘(f) WATER RIGHTS UNAFFECTED BY USE OR NONUSE.—The failure of the Nation to make use of water provided under this title, or the use of, or failure to make use of, that water by any other person that enters into a contract with the Nation under subsection (c) for the assignment, exchange, lease, option for lease, or temporary disposal of water, shall not diminish, reduce, or impair— ‘‘(1) any water right of the Nation, as established under this title or any other applicable law; or ‘‘(2) any water use right recognized under this title, including— ‘‘(A) the first right of beneficial use referred to in section 307(a)(1)(G)(i); or ‘‘(B) the allottee use rights referred to in section 308(a). ‘‘(g) AMENDMENT TO AGREEMENT OF DECEMBER 11, 1980.— The Secretary shall amend the agreement of December 11, 1980, to provide that— ‘‘(1) the contract shall be— ‘‘(A) for permanent service (within the meaning of sec- tion 5 of the Boulder Canyon Project Act of 1928 (43 U.S.C. 617d)); and ‘‘(B) without limit as to term; ‘‘(2) the Nation may, with the approval of the Secretary— ‘‘(A) in accordance with subsection (c), assign, exchange, lease, enter into an option to lease, or otherwise temporarily dispose of water to which the Nation is entitled under sections 304(a) and 306(a); and ‘‘(B) renegotiate any lease at any time during the term of the lease if the term of the renegotiated lease does not exceed 100 years; ‘‘(3)(A) the Nation shall be entitled to all consideration due to the Nation under any leases and any options to lease Applicability. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00090 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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