118 STAT. 3566 PUBLIC LAW 108–451—DEC. 10, 2004 be offset by benefits received by that fee owner of allotted land under this title. ‘‘(4) LIMITATION OF CLAIMS AGAINST THE NATION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), no allottee may assert against the Nation any claims for water rights arising from time immemorial and, there- after, forever, claims for injury to water rights arising from time immemorial and thereafter forever. ‘‘(B) EXCEPTION.—Under section 307(a)(1)(G) and sub- sections (a) and (b) of section 308, the allottees shall retain rights to share in the water resources granted or confirmed under this title and the Tohono O’odham settlement agree- ment. ‘‘(g) CONSENT.— ‘‘(1) GRANT OF CONSENT.—Congress grants to the Nation and the San Xavier Cooperative Association under section 305(d) consent to maintain civil actions against the United States in the courts of the United States under section 1346, 1491, or 1505 of title 28, United States Code, respectively, to recover damages, if any, for the breach of any obligation of the Secretary under those sections. ‘‘(2) REMEDY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the exclusive remedy for a civil action maintained under this subsection shall be monetary damages. ‘‘(B) OFFSET.—An award for damages for a claim under this subsection shall be offset against the amount of funds— ‘‘(i) made available by any Act of Congress; and ‘‘(ii) paid to the claimant by the Secretary in partial or complete satisfaction of the claim. ‘‘(3) NO CLAIMS ESTABLISHED.—Except as provided in para- graph (1), nothing in the subsection establishes any claim against the United States. ‘‘(h) JURISDICTION; WAIVER OF IMMUNITY; PARTIES.— ‘‘(1) JURISDICTION.— ‘‘(A) IN GENERAL.—Except as provided in subsection (i), the State court having jurisdiction over Gila River adju- dication proceedings and decrees, shall have jurisdiction over— ‘‘(i) civil actions relating to the interpretation and enforcement of— ‘‘(I) this title; ‘‘(II) the Tohono O’odham settlement agree- ment; and ‘‘(III) agreements referred to in section 309(h)(2); and ‘‘(ii) civil actions brought by or against the allottees or fee owners of allotted land for the interpretation of, or legal or equitable remedies with respect to, claims of the allottees or fee owners of allotted land that are not claims for water rights, injuries to water rights or other claims that are barred or waived and released under this title or the Tohono O’odham settlement agreement. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00100 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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