118 STAT. 3562 PUBLIC LAW 108–451—DEC. 10, 2004 and joint venture projects at a level that the entity determines will— ‘‘(A) facilitate the cultivation of such minimum number of acres as is determined by the entity to be necessary to ensure economically successful cultivation of arid land crops; and ‘‘(B) contribute significantly to the economy of the Nation. ‘‘(f) ASARCO LAND EXCHANGE STUDY.— ‘‘(1) IN GENERAL.—Not later than 2 years after the enforce- ability date, the Secretary, in consultation with the Nation, the San Xavier District, the San Xavier Allottees’ Association, and Asarco, shall conduct and submit to Congress a study on the feasibility of a land exchange or land exchanges with Asarco to provide land for future use by— ‘‘(A) beneficial landowners of the Mission Complex Mining Leases of September 18, 1959; and ‘‘(B) beneficial landowners of the Mission Complex Business Leases of May 12, 1959. ‘‘(2) COMPONENTS.—The study under paragraph (1) shall include— ‘‘(A) an analysis of the manner in which land exchanges could be accomplished to maintain a contiguous land base for the San Xavier Reservation; and ‘‘(B) a description of the legal status exchanged land should have to maintain the political integrity of the San Xavier Reservation. ‘‘(3) LIMITATION ON EXPENDITURES.—In carrying out this subsection, the Secretary shall expend not more than $250,000. ‘‘SEC. 312. WAIVER AND RELEASE OF CLAIMS. ‘‘(a) WAIVER OF CLAIMS BY THE NATION.—Except as provided in subsection (d), the Tohono O’odham settlement agreement shall provide that the Nation waives and releases— ‘‘(1) any and all past, present, and future claims for water rights (including claims based on aboriginal occupancy) arising from time immemorial and, thereafter, forever, and claims for injuries to water rights arising from time immemorial through the enforceability date, for land within the Tucson management area, against— ‘‘(A) the State (or any agency or political subdivision of the State); ‘‘(B) any municipal corporation; and ‘‘(C) any other person or entity; ‘‘(2) any and all claims for water rights arising from time immemorial and, thereafter, forever, claims for injuries to water rights arising from time immemorial through the enforceability date, and claims for failure to protect, acquire, or develop water rights for land within the San Xavier Reservation and the eastern Schuk Toak District from time immemorial through the enforceability date, against the United States (including any agency, officer, and employee of the United States); ‘‘(3) any and all claims for injury to water rights arising after the enforceability date for land within the San Xavier Reservation and the eastern Schuk Toak District resulting from the off-Reservation diversion or use of water in a manner Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00096 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
