Arizona Water Settlement Act of 2004

Pursuant to the Arizona Water Settlements Act of 2004, the Secretary of the Interior was directed to construct or fund construction of various facilities that are contractable pursuant to the Indian Self-Determination and Education Assistance Act, as

This assistance listing is associated with implementing the Arizona Water Settlements Act, and carrying out the actions directed therein. Such actions include construction of water delivery infrastructure to specified tribal communities in Arizona.

Eligibility is limited to financial actions identified in Public Law 108-451, the Arizona Water Settlements Act of 2004

Authorized beneficiaries are identified in the statute and include the state of Arizona, state of New Mexico, various irrigation and water districts, local entities and municipalities and Tribal Governments.

Title I, "Central Arizona Project Settlement" - With respect to: (1) the water provided by the Central Arizona Project to Maricopa, Pinal, and Pima Counties in the State of Arizona, is vital to citizens of the State; and (2) an agreement on the allocation of Central Arizona Project water among interested persons, including Federal and State interests, would provide important benefits to the Federal Government, the State of Arizona, Arizona Indian Tribes, and the citizens of the State. In accordance with the CAP repayment contract, the Central Arizona Project may be used to transport non-project water for: (1) domestic, municipal, fish and wildlife, and industrial purposes; and (2) any purpose authorized under the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.). Title I, Section 104, Authorization of Appropriation: Authorized to be appropriated such sums as are necessary to comply with- (1) the 1994 biological opinion, including any funding transfers required by the opinion; (2) the 1996 biological opinion, including any funding transfers required by the opinion; and (3) any final biological opinion resulting from the 1999 biological opinion, including any funding transfers required by the opinion. Title II, "Gila River Indian Community Water Rights Settlement" - - The purposes of this title is: (1) to resolve permanently certain damage claims and all water rights claims among the United States on behalf of the Community, its members, allottees, and the Community and its neighbors; (2) to authorize, ratify, and confirm the Gila River agreement; (3) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under the Gila River agreement; (4) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States under the Gila River agreement and this title; and (5) to authorize and direct the Secretary to execute the New Mexico Consumptive Use and Forbearance Agreement to allow the Secretary to exercise the rights authorized by subsections (d) and (f) of section 304 of the Colorado River Basin Project Act (43 U.S.C. 1524). Title III, "Southern Arizona Water Rights Settlement" -- ''The purposes of this title are: ''(1) to authorize, ratify, and confirm the agreements referred to in section 309(h); ''(2) to authorize and direct the Secretary to execute and perform all obligations of the Secretary under those agreements; and ''(3) to authorize the actions and appropriations necessary for the United States to meet obligations of the United States, under those agreements and this title. Title IV, San Carlos Apache Tribes Water Rights Settlement - - With respect to the : None of the provisions of title I, II, or III or the agreements, attachments, exhibits, or stipulations referenced in those titles shall be construed to- (1) amend, alter, or limit the authority of- (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 (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); or (2) amend or alter the CAP Contract for the San Carlos Apache Tribe dated December 11, 1980, as amended April 29, 1999.

Length and time phasing of assistance will be included in award issued under this program.

Environmental compliance for this program may be required depending on the scope of the specific project funded. This may result in the need for an environmental impact assessment or environmental impact statement prior to the commencement of project activities.

Upon the request of any Indian tribe identified in the Arizona Water Settlement Act as eligible.

Awards are identified by the statute and supporting documents and are distributed either by direct payment, contracts approved as exhibits to the statute or pursuant to P.L. 93-638 contracts for Tribes. For Public Law 93-638 Contracts, Grants, and Agreements Only - Federally recognized Tribes and Tribal organizations must meet the requirements of Public Law 93-638; 25 CFR Part 900 and any additional criteria specific to the authorizing legislation.

Awards are identified by the statute and supporting documents and are distributed either by direct payment, contracts approved as exhibits to the statute or pursuant to P.L. 93-638 contracts for Tribes. For Public Law 93-638 Contracts, Grants, and Agreements Only - Reclamation and the federally recognized Tribe or Tribal Organization develop a negotiation schedule and then negotiate the overarching contract award terms, provisions and conditions based on the requirements of Public Law 93-638, 25 CFR Part 900, any specific requirements of the project authorizing legislation, and other applicable Federal laws and regulations. Reclamation and the Tribe/Tribal Organization also negotiate an annual funding agreement (AFA), which identifies activities to be performed, funds to be provided, and the method of payment of the initial year of the contract. A final contract agreement is prepared based upon the outcome of negotiations; attachments include the work plan, budget, tribal resolution, initial ADA, property listing, project schedule, and list of any other applicable provisions, terms and conditions.

Contact Reclamation for the range of time when proposals are approved or disapproved.

If renewals or extensions are applicable to the project, this information will be included in the funding opportunity announcement. When renewals or extensions are applicable, continuation of funding for these activities is at the discretion of Congress and will be subject to availability of appropriated funds.

None. Final award decisions are not subject to appeal; however, upon request, the Bureau of Reclamation will provide applicants with information on why their proposals were not selected for award.