Administration

(a) Limited waiver of sovereign immunity by the Yavapai-Apache Nation and the United States acting as trustee for the Yavapai-Apache Nation (1) In general The Yavapai-Apache Nation, and the United States acting as trustee for the Yavapai-Apache Nation, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Yavapai-Apache Nation and the United States to sovereign immunity from any such action is waived. (2) Consent of Yavapai-Apache Nation By resolution dated June 26, 2024, the Yavapai-Apache Nation Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3) notwithstanding any provision of the Yavapai-Apache Nation Code or any other Yavapai-Apache Nation law. (3) Circumstances described A circumstance referred to in paragraphs (1) and (2) includes any of the following: (A) Parties to the Agreement Any party to the Agreement— (i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— (I) this Act; or (II) the Agreement and exhibits to the Agreement; (ii) names the Yavapai-Apache Nation, or the United States acting as trustee for the Yavapai-Apache Nation, as a party in that action; and (iii) does not include any request for award against the Yavapai-Apache Nation, or the United States acting as trustee for the Yavapai-Apache Nation, for monetary damages, court costs, or attorney fees, except for claims brought by a party pursuant to the YAN-SRP Water Delivery and Use Agreement and YAN-SRP Exchange Agreement. (B) Landowner or water user Any landowner or water user in the Gila River Watershed— (i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— (I) paragraph 13.0 of the Agreement; (II) the Gila River Adjudication Decree; or (III) section 11; (ii) names the Yavapai-Apache Nation, or the United States acting as trustee for the Yavapai-Apache Nation, as a party in that action; and (iii) does not include any request for award against the Yavapai-Apache Nation, or the United States acting as trustee for the Yavapai-Apache Nation, for monetary damages, court costs, or attorney fees. (b) Antideficiency Notwithstanding any authorization of appropriations to carry out this Act, the United States shall not be liable for any failure of the United States to carry out any obligation or activity authorized by this Act (including all agreements or exhibits ratified or confirmed by this Act) if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act. (c) Applicability of reclamation reform act The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage limitation or full-cost pricing provision under Federal law shall not apply to any individual, entity, or land solely on the basis of— (1) receipt of any benefit under this Act; (2) the execution or performance of the Agreement; or (3) the use, storage, delivery, lease, or exchange of CAP water.