Page:United States Statutes at Large Volume 124.djvu/3103

124 STAT. 3077 PUBLIC LAW 111–291—DEC. 8, 2010 (A) IN GENERAL.—Execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) ENVIRONMENTAL COMPLIANCE.—The Secretary shall carry out all necessary environmental compliance activities required by Federal law in implementing the Agreement. (3) LEAD AGENCY.—The Bureau shall serve as the lead agency with respect to ensuring environmental compliance asso- ciated with the WMAT rural water system. SEC. 305. WATER RIGHTS. (a) TREATMENT OF TRIBAL WATER RIGHTS.—The tribal water rights— (1) shall be held in trust by the United States on behalf of the Tribe; and (2) shall not be subject to forfeiture or abandonment. (b) REALLOCATION.— (1) IN GENERAL.—In accordance with this title and the Agreement, the Secretary shall reallocate to the Tribe, and offer to enter into a contract with the Tribe for the delivery in accordance with this section of— (A) an entitlement to 23,782 acre-feet per year of CAP water that has a non-Indian agricultural delivery priority (as defined in the Contract) in accordance with section 104(a)(1)(A)(iii) of the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3488), of which— (i) 3,750 acre-feet per year shall be firmed by the United States for the benefit of the Tribe for the 100- year period beginning on January 1, 2008, with priority equivalent to CAP M&I priority water, in accordance with section 105(b)(1)(B) of that Act (118 Stat. 3492); and (ii) 3,750 acre-feet per year shall be firmed by the State for the benefit of the Tribe for the 100- year period beginning on January 1, 2008, with priority equivalent to CAP M&I priority water, in accordance with section 105(b)(2)(B) of that Act (118 Stat. 3492); and (B) an entitlement to 1,218 acre-feet per year of the water— (i) acquired by the Secretary through the perma- nent relinquishment of the Harquahala Valley Irriga- tion District CAP subcontract entitlement in accord- ance with the contract numbered 3–07–30–W0290 among the District, Harquahala Valley Irrigation Dis- trict, and the United States; and (ii) converted to CAP Indian Priority water (as defined in the Contract) pursuant to the Fort McDowell Indian Community Water Rights Settlement Act of 1990 (Public Law 101–628; 104 Stat. 4480). (2) AUTHORITY OF TRIBE.—Subject to approval by the Sec- retary under section 306(a)(1), the Tribe shall have the sole authority to lease, distribute, exchange, or allocate the tribal CAP water described in paragraph (1).