To make certain revisions to the bill.

1. 1

   Change 1: Inserts “consistent with section 203(a) or as approved by the Secretary” before the period at the end

   InsertsSection 2(26)(B)(ii)

   Inserted: consistent with section 203(a) or as approved by the Secretary

   Original wording

   In section 2(26)(B)(ii), insert “consistent with section 203(a) or as approved by the Secretary” before the period at the end.

2. 2

   Change 2: Rewrites section 3(a)(b)

   Replaces

   Removes section 3(a)(b).

   Inserted: (a) No Participation by the United States.--

   Inserted: (1) In general.--No arbitration decision rendered pursuant to subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila River agreement (including the joint control board agreement attached to exhibit 20.1) shall be considered invalid solely because the United States failed or refused to participate in such arbitration proceedings that resulted in such arbitration decision, so long as the matters in arbitration under subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila River Agreement concern aspects of the water rights of the Community, the San Carlos Irrigation Project, or the Miscellaneous Flow Lands (as defined in subparagraph 2.18A of the UVD agreement) and not the water rights of the United States in its own right, any other rights of the United States, or the water rights or any other rights of the United States acting on behalf of or for the benefit of another tribe.

   Inserted: (2) Arbitration ineffective.--If an issue otherwise subject to arbitration under subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila River Agreement cannot be arbitrated or if an arbitration decision will not be effective because the United States cannot or will not participate in the arbitration, then the issue shall be submitted for decision to a court of competent jurisdiction, but not a court of the Community.

   Inserted: (b) Participation by the Secretary.--Notwithstanding any provision of any agreement, exhibit, attachment, or other document ratified by this Act, if the Secretary is required to enter arbitration pursuant to this Act or any such document, the Secretary shall follow the procedures for arbitration established by chapter 5 of title 5, United States Code.

   Original wording

   In section 3, strike subsections (a) and (b) and insert the following:

3. 3

   Change 3: Inserts “in accordance with clause 8(d)(i)(1)(i) of the Repayment Stipulation (as defined in secti…” before the semicolon at the end

   InsertsSection 403(f)(2)(A) of the Colorado River Basin Project Act (as amended by section 107(a) of the Committee amendment)

   Inserted: in accordance with clause 8(d)(i)(1)(i) of the Repayment Stipulation (as defined in section 2 of the Arizona Water Settlements Act)

   Original wording

   In section 403(f)(2)(A) of the Colorado River Basin Project Act (as amended by section 107(a) of the Committee amendment), insert “in accordance with clause 8(d)(i)(1)(i) of the Repayment Stipulation (as defined in section 2 of the Arizona Water Settlements Act)” before the semicolon at the end;

4. 4

   Change 4: Rewrites section 403(f)(2)(D)(vi)(vii)

   ReplacesSection 403(f)(2)(D)(vi)(vii) of the Colorado River Basin Project Act (as amended by section 107(a) of the Committee amendment)

   Removes section 403(f)(2)(D)(vi)(vii).

   Inserted: (vi) to pay a total of not more than $250,000,000 to the credit of the Future Indian Water Settlement Subaccount of the Lower Colorado Basin Development Fund, for use for Indian water rights settlements in Arizona approved by Congress after the date of enactment of this Act, subject to the requirement that, notwithstanding any other provision of this Act, any funds credited to the Future Indian Water Settlement Subaccount that are not used in furtherance of a congressionally approved Indian water rights settlement in Arizona by December 31, 2030, shall be returned to the main Lower Colorado Basin Development Fund for expenditure on authorized uses pursuant to this Act, provided that any interest earned on funds held in the Future Indian Water Settlement Subaccount shall remain in such subaccount until disbursed or returned in accordance with this section;

   Inserted: (vii) to pay costs associated with the installation of gages on the Gila River and its tributaries to measure the water level of the Gila River and its tributaries for purposes of the New Mexico Consumptive Use and Forbearance Agreement in an amount not to exceed $500,000; and

   Inserted: (viii) to pay the Secretary's costs of implementing the Central Arizona Project Settlement Act of 2004;

   Original wording

   In section 403(f)(2)(D) of the Colorado River Basin Project Act (as amended by section 107(a) of the Committee amendment), strike clauses (vi) and (vii) and insert the following:

5. 5

   Change 5: Rewrites section 107(c)(1) through paragraph (4)

   Replaces

   Removes section 107(c)(1) through paragraph (4).

   Inserted: (1) in section 403(g), by striking "clause (c)(2)" and inserting "subsection (c)(2)"; and

   Inserted: (2) in section 403(e), by deleting the first word and inserting "Except as provided in subsection (f), revenues".

   Original wording

   In section 107(c), strike paragraphs (1) through (4) and insert the following:

6. 6

   Change 6: Rewrites section 203(c)(1)(2)

   Replaces

   Removes section 203(c)(1)(2).

   Inserted: (1) Environmental compliance.--In implementing the Gila River agreement, the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.

   Inserted: (2) Execution of the gila river agreement.--Execution of the Gila River agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all necessary environmental compliance required by Federal law in implementing the Gila River agreement.

   Original wording

   In section 203(c), strike paragraphs (1) and (2) and insert the following:

7. 7

   Change 7: Rewrites section 203(d)(4)(B)(i)

   Replaces

   In S. 437 · Reported to Senate

   Struck: (i) in accomplishing the work under the supplemental repayment contract, the San Carlos Irrigation and Drainage District may use locally accepted engineering standards and the labor and contracting authorities that are available to the District under State law;

   Inserted: (i) in accomplishing the work under the supplemental repayment contract--

   Inserted: (I) the San Carlos Irrigation and Drainage District--

   Inserted: (aa) may use locally accepted engineering standards and the labor and contracting authorities that are available to the District under State law; and

   Inserted: (bb) shall be subject to the value engineering program of the Bureau of Reclamation established pursuant to OMB Circular A-131; and

   Inserted: (II) in accordance with FAR Part 48.101(b), the incentive returned to the contractor through this "Incentive Clause" shall be 55 percent after the Contractor is reimbursed for the allowable costs of developing and implementing the proposal and the Government shall retain 45 percent of such savings in the form of reduced expenditures;

   Original wording

   In section 203(d)(4)(B), strike clause (i) and insert the following:

8. 8

   Change 8: Strikes “or the United States” at the section 204(a)(4)(B)

   Strikes

   In S. 437 · Reported to Senate

   (B) The community and the united states.--Except as provided in subparagraphs (E) and (F) of paragraph (3) and subsection (e)(2)(C), nothing in this Act either authorizes any action, claim, or lawsuit by an allottee against the Community [struck: or the United States ]under Federal, State, or other law, or alters available actions pursuant to section 1491(a) of title 28, of the United States Code, or section 381 of title 25, of the United States Code.

   Original wording

   In section 204(a)(4)(B), strike “or the United States”.

9. 9

   Change 9: Rewrites section 207(a)(4)(A)(iv)(v)

   Replaces

   Removes section 207(a)(4)(A)(iv)(v).

   Inserted: (iv)(I) past and present claims for subsidence damage occurring to land within the exterior boundaries of the Reservation, off-Reservation trust land, or fee land arising from time immemorial through the enforceability date; and

   Inserted: (II) claims for subsidence damage arising after the enforceability date occurring to land within the exterior boundaries of the Reservation, off-Reservation trust land or fee land resulting from the diversion of underground water in a manner not in violation of the Gila River agreement or applicable law;

   Inserted: (v) past and present claims for failure to protect, acquire, or develop water rights for or on behalf of the Community and Community members arising before December 31, 2002; and

   Inserted: (vi) past, present, and future claims relating to failure to assert any claims expressly waived pursuant to section 207(a)(1) (C) through (E).

   Original wording

   In section 207(a)(4)(A), strike clauses (iv) and (v) and insert the following:

10. 10

    Change 10: Inserts “injuries to” after “claims for”

    InsertsSection 207(a)(5)(A)(ii)(I)

    …claims for[inserted: injuries to]…

    Original wording

    In section 207(a)(5)(A)(ii)(I), insert “injuries to” after “claims for”.

11. 11

    Change 11: Inserts “for injuries to water rights” after “claims”

    InsertsSection 207(a)(5)(A)(iii)(I)

    …claims[inserted: for injuries to water rights]…

    Original wording

    In section 207(a)(5)(A)(iii)(I), insert “for injuries to water rights” after “claims”.

12. 12

    Change 12: Inserts “for injuries to water rights” after “claims”

    InsertsSection 207(a)(5)(B)(iii)(I)

    …claims[inserted: for injuries to water rights]…

    Original wording

    In section 207(a)(5)(B)(iii)(I), insert “for injuries to water rights” after “claims”.

13. 13

    Change 13: Inserts “for injuries to water rights” after “claims”

    InsertsSection 207(a)(5)(C)(iii)(I)

    …claims[inserted: for injuries to water rights]…

    Original wording

    In section 207(a)(5)(C)(iii)(I), insert “for injuries to water rights” after “claims”.

14. 14

    Change 14: Rewrites section 212(h)(1)(2)

    Replaces

    Removes section 212(h)(1)(2).

    Inserted: (1) Environmental compliance.--Upon execution of the New Mexico Consumptive Use and Forbearance Agreement and the New Mexico Unit Agreement, the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.

    Inserted: (2) Execution of the new mexico consumptive use and forbearance agreement and the new mexico unit agreement.--Execution of the New Mexico Consumptive Use and Forbearance Agreement and the New Mexico Unit Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all necessary environmental compliance required by Federal law in implementing the New Mexico Consumptive Use and Forbearance Agreement and the New Mexico Unit Agreement.

    Original wording

    In section 212(h), strike paragraphs (1) and (2) and insert the following:

15. 15

    Change 15: Rewrites section 309(h)(3)(A)(B)

    ReplacesSection 309(h)(3)(A)(B) of the Southern Arizona Water Rights Settlement Act of 1982 (as amended by section 301 of the Committee amendment)

    Removes section 309(h)(3)(A)(B).

    Inserted: (A) Environmental compliance.--In implementing an agreement described in paragraph (2), the Secretary shall promptly comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.

    Inserted: (B) Execution of agreement.--Execution of an agreement described in paragraph (2) by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all necessary environmental compliance required by Federal law in implementing an agreement described in paragraph (2).

    Original wording

    In section 309(h)(3) of the Southern Arizona Water Rights Settlement Act of 1982 (as amended by section 301 of the Committee amendment), strike subparagraphs (A) and (B) and insert the following:

16. 16

    Change 16: Rewrites section 401

    Replaces

    In S. 437 · Reported to Senate

    SEC. 401. EFFECT OF TITLES I, II, AND III.

    None of the provisions of title I, II, or III [struck: shall be construed to amend, alter][inserted: or the agreements, attachments, exhibits], or [struck: limit the authority of][inserted: stipulations referenced in those titles shall be construed to]--

    Inserted: (1) amend, alter, or limit the authority of--

    ([struck: 1][inserted: A]) the United States to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its capacity as trustee for the San Carlos Apache Tribe, its members and allottees, or in any other capacity on behalf of the San Carlos Apache Tribe, its members, and allottees, in any judicial, administrative, or legislative proceeding; or

    ([struck: 2][inserted: B]) the San Carlos Apache Tribe to assert any claim against any party, including any claim for water rights, injury to water rights, or injury to water quality in its own behalf or on behalf of its members and allottees in any judicial, administrative, or legislative proceeding consistent with title XXXVII of Public Law 102-575 (106 Stat. 4600, 4740)[struck: .][inserted: ; or]

    Inserted: (2) amend or alter the CAP Contract for the San Carlos Apache Tribe dated December 11, 1980, as amended April 29, 1999.

    Original wording

    Strike section 401 and insert the following:

17. 17

    Change 17: Adds SEC. 403. AUTHORIZATION OF APPROPRIATIONS at the end of the bill

    Adds a section

    In S. 437 · Reported to Senate

    (2) the date on which the Secretary submits a third annual report under this section.

    Inserted: SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: (a) San Carlos Apache Tribe.--There is authorized to be appropriated to assist the San Carlos Apache Tribe in completing comprehensive water resources negotiations leading to a comprehensive Gila River water settlement for the Tribe, including soil and water technical analyses, legal, paralegal, and other related efforts, $150,000 for fiscal year 2006.

    Inserted: (b) White Mountain Apache Tribe.--There is authorized to be appropriated to assist the White Mountain Apache Tribe in completing comprehensive water resources negotiations leading to a comprehensive water settlement for the Tribe, including soil and water technical analyses, legal, paralegal, and other related efforts, $150,000 for fiscal year 2006.

    Inserted: (c) Other Arizona Indian Tribes.--There is authorized to be appropriated to the Secretary to assist Arizona Indian tribes (other than those specified in subsections (a) and (b)) in completing comprehensive water resources negotiations leading to a comprehensive water settlement for the Arizona Indian tribes, including soil and water technical analyses, legal, paralegal, and other related efforts, $300,000 for fiscal year 2006.

    Inserted: (d) No Limitation on Other Funding.--Amounts made available under subsections (a), (b), and (c) shall not limit, and shall be in addition to, other amounts available for Arizona tribal water rights negotiations leading to comprehensive water settlements.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed