118 STAT. 3569 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘SEC. 315. TRUST FUND. ‘‘(a) REAUTHORIZATION.—Congress reauthorizes the trust fund established by section 309 of the 1982 Act, containing an initial deposit of $15,000,000 made under that section, for use in carrying out this title. ‘‘(b) EXPENDITURE AND INVESTMENT.—Subject to the limitations of subsection (d), the principal and all accrued interest and divi- dends in the trust fund established under section 309 of the 1982 Act may be— ‘‘(1) expended by the Nation for any governmental purpose; and ‘‘(2) invested by the Nation in accordance with such policies as the Nation may adopt. ‘‘(c) RESPONSIBILITY OF SECRETARY.—The Secretary shall not— ‘‘(1) be responsible for the review, approval, or audit of the use and expenditure of any funds from the trust fund reauthorized by subsection (a); or ‘‘(2) be subject to liability for any claim or cause of action arising from the use or expenditure by the Nation of those funds. ‘‘(d) CONDITIONS OF TRUST.— ‘‘(1) RESERVE FOR THE COST OF SUBJUGATION.—The Nation shall reserve in the trust fund reauthorized by subsection (a)— ‘‘(A) the principal amount of at least $3,000,000; and ‘‘(B) interest on that amount that accrues during the period beginning on the enforceability date and ending on the earlier of— ‘‘(i) the date on which full payment of such costs has been made; or ‘‘(ii) the date that is 10 years after the enforce- ability date. ‘‘(2) PAYMENT.—The costs described in paragraph (1) shall be paid in the amount, on the terms, and for the purposes prescribed in section 307(a)(1)(F). ‘‘(3) LIMITATION ON RESTRICTIONS.—On the occurrence of an event described in clause (i) or (ii) of paragraph (1)(B)— ‘‘(A) the restrictions imposed on funds from the trust fund described in paragraph (1) shall terminate; and ‘‘(B) any of those funds remaining that were reserved under paragraph (1) may be used by the Nation under subsection (b)(1). ‘‘SEC. 316. MISCELLANEOUS PROVISIONS. ‘‘(a) IN GENERAL.—Nothing in this title— ‘‘(1) establishes the applicability or inapplicability to groundwater of any doctrine of Federal reserved rights; ‘‘(2) limits the ability of the Nation to enter into any agree- ment with the Arizona Water Banking Authority (or a successor agency) in accordance with State law; ‘‘(3) prohibits the Nation, any individual member of the Nation, an allottee, or a fee owner of allotted land in the San Xavier Reservation from lawfully acquiring water rights for use in the Tucson management area in addition to the water rights granted or confirmed under this title and the Tohono O’odham settlement agreement; ‘‘(4) abrogates any rights or remedies existing under section 1346 or 1491 of title 28, United States Code; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00103 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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