118 STAT. 3506 PUBLIC LAW 108–451—DEC. 10, 2004 (A) for permanent service (as that term is used in section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d)); and (B) without limit as to term; (2) the Community may, with the approval of the Secretary, including approval as to the Secretary’s authority under section 7 of the Act of February 8, 1887 (25 U.S.C. 381)— (A) enter into contracts or options to lease (for a term not to exceed 100 years) or contracts or options to exchange, Community CAP water within Maricopa, Pinal, Pima, La Paz, Yavapai, Gila, Graham, Greenlee, Santa Cruz, or Coconino Counties, Arizona, providing for the temporary delivery to others of any portion of the Community CAP water; and (B) renegotiate any lease at any time during the term of the lease, so long as the term of the renegotiated lease does not exceed 100 years; (3)(A) the Community, and not the United States, shall be entitled to all consideration due to the Community under any leases or options to lease and exchanges or options to exchange Community CAP water entered into by the Commu- nity; and (B) the United States shall have no trust obligation or other obligation to monitor, administer, or account for— (i) any funds received by the Community as consider- ation under any such leases or options to lease and exchanges or options to exchange; or (ii) the expenditure of such funds; (4)(A) all Community CAP water shall be delivered through the CAP system; and (B) if the delivery capacity of the CAP system is signifi- cantly reduced or is anticipated to be significantly reduced for an extended period of time, the Community shall have the same CAP delivery rights as other CAP contractors and CAP subcontractors, if such CAP contractors or CAP sub- contractors are allowed to take delivery of water other than through the CAP system; (5) the Community may use Community CAP water on or off the Reservation for Community purposes; (6) as authorized by subparagraph (A) of section 403(f)(2) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)) (as amended by section 107(a)) and to the extent that funds are available in the Lower Colorado River Basin Development Fund established by section 403 of that Act (43 U.S.C. 1543), the United States shall pay to the CAP operating agency the fixed OM&R charges associated with the delivery of Community CAP water, except for Community CAP water leased by others; (7) the costs associated with the construction of the CAP system allocable to the Community— (A) shall be nonreimbursable; and (B) shall be excluded from any repayment obligation of the Community; and (8) no CAP water service capital charges shall be due or payable for Community CAP water, whether CAP water is delivered for use by the Community or is delivered under any leases, options to lease, exchanges or options to exchange Community CAP water entered into by the Community. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00040 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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