118 STAT. 3559 PUBLIC LAW 108–451—DEC. 10, 2004 subparagraph or under the Asarco agreement referenced in subparagraph (B). ‘‘(2) ENTITLEMENT.—The Nation shall be entitled to receive all gross proceeds. ‘‘(k) STATUTORY CONSTRUCTION.—Nothing in this title estab- lishes whether reserved water may be put to use, or sold for use, off any reservation to which reserved water rights attach. ‘‘SEC. 310. COOPERATIVE FUND. ‘‘(a) REAUTHORIZATION.— ‘‘(1) IN GENERAL.—Congress reauthorizes, for use in car- rying out this title, the cooperative fund established in the Treasury of the United States by section 313 of the 1982 Act. ‘‘(2) AMOUNTS IN COOPERATIVE FUND.—The cooperative fund shall consist of— ‘‘(A)(i) $5,250,000, as appropriated to the cooperative fund under section 313(b)(3)(A) of the 1982 Act; and ‘‘(ii) such amount, not to exceed $32,000,000, as the Secretary determines, after providing notice to Congress, is necessary to carry out this title; ‘‘(B) any additional Federal funds deposited to the cooperative fund under Federal law; ‘‘(C) $5,250,000, as deposited in the cooperative fund under section 313(b)(1)(B) of the 1982 Act, of which— ‘‘(i) $2,750,000 was contributed by the State; ‘‘(ii) $1,500,000 was contributed by the city of Tuc- son; and ‘‘(iii) $1,000,000 was contributed by— ‘‘(I) the Anamax Mining Company; ‘‘(II) the Cyprus-Pima Mining Company; ‘‘(III) the American Smelting and Refining Company; ‘‘(IV) the Duval Corporation; and ‘‘(V) the Farmers Investment Company; ‘‘(D) all interest accrued on all amounts in the coopera- tive fund beginning on October 12, 1982, less any interest expended under subsection (b)(2); and ‘‘(E) all revenues received from— ‘‘(i) the sale or lease of effluent received by the Secretary under the contract between the United States and the city of Tucson to provide for delivery of reclaimed water to the Secretary, dated October 11, 1983; and ‘‘(ii) the sale or lease of storage credits derived from the storage of that effluent. ‘‘(b) EXPENDITURES FROM FUND.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the cooperative fund to the Secretary such amounts as the Secretary determines are necessary to carry out obligations of the Secretary under this title, including to pay— ‘‘(A) the variable costs relating to the delivery of water under sections 304 through 306; ‘‘(B) fixed operation maintenance and replacement costs relating to the delivery of water under sections 304 through 306, to the extent that funds are not available from the VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00093 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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