118 STAT. 3558 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(2) AGREEMENTS.—The agreements described in this para- graph are— ‘‘(A) the Tohono O’odham settlement agreement, to the extent that— ‘‘(i) the Tohono O’odham settlement agreement is consistent with this title; and ‘‘(ii) parties to the Tohono O’odham settlement agreement other than the Secretary have executed that agreement; ‘‘(B) the Tucson agreement (attached to the Tohono O’odham settlement agreement as exhibit 12.1); and ‘‘(C)(i) the Asarco agreement (attached to the Tohono O’odham settlement agreement as exhibit 13.1 to the Tohono O’odham settlement agreement); ‘‘(ii) lease No. H54–0916–0972, dated April 26, 1972, and approved by the United States on November 14, 1972; and ‘‘(iii) any new well site lease as provided for in the Asarco agreement; and ‘‘(D) the FICO agreement (attached to the Tohono O’odham settlement agreement as Exhibit 14.1). ‘‘(3) RELATION TO OTHER LAW.— ‘‘(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 regu- lations. ‘‘(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). ‘‘(C) LEAD AGENCY.—The Bureau of Reclamation shall be the lead agency with respect to environmental compli- ance under the agreements described in paragraph (2). ‘‘(i) DISBURSEMENTS FROM TUCSON INTERIM WATER LEASE.— The Secretary shall disburse to the Nation, without condition, all proceeds from the Tucson interim water lease. ‘‘(j) USE OF GROSS PROCEEDS.— ‘‘(1) DEFINITION OF GROSS PROCEEDS.—In this subsection, the term ‘gross proceeds’ means all proceeds, without reduction, received by the Nation from— ‘‘(A) the Tucson interim water lease; ‘‘(B) the Asarco agreement; and ‘‘(C) any agreement similar to the Asarco agreement to store Central Arizona Project water of the Nation, instead of pumping groundwater, for the purpose of pro- tecting water of the Nation; provided, however, that gross proceeds shall not include proceeds from the transfer of Central Arizona Project water in excess of 20,000 acre feet annually pursuant to any agreement under this VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00092 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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