PUBLIC LAW 111–291—DEC. 8, 2010 

CLAIMS RESOLUTION ACT OF 2010 


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124 STAT. 3064 PUBLIC LAW 111–291—DEC. 8, 2010 

Public Law 111–291 

111th Congress 

An Act 

This Act may be cited as ‘‘The Claims Resettlement Act of 2010.’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Claims Resolution Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT 

Sec. 101. Individual Indian Money Account Litigation Settlement. 

TITLE II—FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS 

DISCRIMINATION LITIGATION 

Sec. 201. Appropriation of funds for final settlement of claims from In re Black 

Farmers Discrimination Litigation. 

TITLE III—WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 

QUANTIFICATION 

Sec. 301. Short title. 

Sec. 302. Purposes. 

Sec. 303. Definitions. 

Sec. 304. Approval of Agreement. 

Sec. 305. Water rights. 

Sec. 306. Contract. 

Sec. 307. Authorization of WMAT rural water system. 

Sec. 308. Satisfaction of claims. 

Sec. 309. Waivers and releases of claims. 

Sec. 310. White Mountain Apache Tribe Water Rights Settlement Subaccount. 

Sec. 311. Miscellaneous provisions. 

Sec. 312. Funding. 

Sec. 313. Antideficiency. 

Sec. 314. Compliance with environmental laws. 

TITLE IV—CROW TRIBE WATER RIGHTS SETTLEMENT 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

Sec. 404. Ratification of Compact. 

Sec. 405. Rehabilitation and improvement of Crow Irrigation Project. 

Sec. 406. Design and construction of MR&I System. 

Sec. 407. Tribal water rights. 

Sec. 408. Storage allocation from Bighorn Lake. 

Sec. 409. Satisfaction of claims. 

Sec. 410. Waivers and releases of claims. 

Sec. 411. Crow Settlement Fund. 

Sec. 412. Yellowtail Dam, Montana. 

Sec. 413. Miscellaneous provisions. 

42 USC 1305 

note. 

Claims 

Resolution Act 

of 2010. 

Dec. 8, 2010 

[H.R. 4783] 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3065 

Sec. 414. Funding. 

Sec. 415. Repeal on failure to meet enforceability date. 

Sec. 416. Antideficiency. 

TITLE V—TAOS PUEBLO INDIAN WATER RIGHTS 

Sec. 501. Short title. 

Sec. 502. Purposes. 

Sec. 503. Definitions. 

Sec. 504. Pueblo rights. 

Sec. 505. Taos Pueblo Water Development Fund. 

Sec. 506. Marketing. 

Sec. 507. Mutual-Benefit Projects. 

Sec. 508. San Juan-Chama Project contracts. 

Sec. 509. Authorizations, ratifications, confirmations, and conditions precedent. 

Sec. 510. Waivers and releases of claims. 

Sec. 511. Interpretation and enforcement. 

Sec. 512. Disclaimer. 

Sec. 513. Antideficiency. 

TITLE VI—AAMODT LITIGATION SETTLEMENT 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Subtitle A—Pojoaque Basin Regional Water System 

Sec. 611. Authorization of Regional Water System. 

Sec. 612. Operating Agreement. 

Sec. 613. Acquisition of Pueblo water supply for Regional Water System. 

Sec. 614. Delivery and allocation of Regional Water System capacity and water. 

Sec. 615. Aamodt Settlement Pueblos’ Fund. 

Sec. 616. Environmental compliance. 

Sec. 617. Funding. 

Subtitle B—Pojoaque Basin Indian Water Rights Settlement 

Sec. 621. Settlement Agreement and contract approval. 

Sec. 622. Environmental compliance. 

Sec. 623. Conditions precedent and enforcement date. 

Sec. 624. Waivers and releases of claims. 

Sec. 625. Effect. 

Sec. 626. Antideficiency. 

TITLE VII—RECLAMATION WATER SETTLEMENTS FUND 

Sec. 701. Mandatory appropriation. 

TITLE VIII—GENERAL PROVISIONS 

Subtitle A—Unemployment Compensation Program Integrity 

Sec. 801. Collection of past-due, legally enforceable State debts. 

Sec. 802. Reporting of first day of earnings to directory of new hires. 

Subtitle B—TANF 

Sec. 811. Extension of the Temporary Assistance for Needy Families program. 

Sec. 812. Modifications to TANF data reporting. 

Subtitle C—Customs User Fees; Continued Dumping and Subsidy Offset 

Sec. 821. Customs user fees. 

Sec. 822. Limitation on distributions relating to repeal of continued dumping and 

subsidy offset. 

Subtitle D—Emergency Fund for Indian Safety and Health 

Sec. 831. Emergency Fund for Indian Safety and Health. 

Subtitle E—Rescission of Funds From WIC Program 

Sec. 841. Rescission of funds from WIC program. 

Subtitle F—Budgetary Effects 

Sec. 851. Budgetary effects. 


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124 STAT. 3066 PUBLIC LAW 111–291—DEC. 8, 2010 

TITLE I—INDIVIDUAL INDIAN MONEY 

ACCOUNT LITIGATION SETTLEMENT 

SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT. 

(a) DEFINITIONS.—In this section: 

(1) AGREEMENT ON ATTORNEYS’ FEES, EXPENSES, AND

COSTS.—The term ‘‘Agreement on Attorneys’ Fees, Expenses, 

and Costs’’ means the agreement dated December 7, 2009, 

between Class Counsel (as defined in the Settlement) and the 

Defendants (as defined in the Settlement) relating to attorneys’ 

fees, expenses, and costs incurred by Class Counsel in connection with the Litigation and implementation of the Settlement, 

as modified by the parties to the Litigation. 

(2) AMENDED COMPLAINT.—The term ‘‘Amended Complaint’’ 

means the Amended Complaint attached to the Settlement. 

(3) FINAL APPROVAL.—The term ‘‘final approval’’ has the 

meaning given the term in the Settlement. 

(4) LAND CONSOLIDATION PROGRAM.—The term ‘‘Land 

Consolidation Program’’ means a program conducted in accordance with the Settlement, the Indian Land Consolidation Act 

(25 U.S.C. 2201 et seq.), and subsection (e)(2) under which 

the Secretary may purchase fractional interests in trust or 

restricted land. 

(5) LITIGATION.—The term ‘‘Litigation’’ means the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States 

District Court, District of Columbia, Civil Action No. 96–1285 

(TFH). 

(6) PLAINTIFF.—The term ‘‘Plaintiff’’ means a member of 

any class certified in the Litigation. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(8) SETTLEMENT.—The term ‘‘Settlement’’ means the Class 

Action Settlement Agreement dated December 7, 2009, in the 

Litigation, as modified by the parties to the Litigation. 

(9) TRUST ADMINISTRATION ADJUSTMENT FUND.—The term 

‘‘Trust Administration Adjustment Fund’’ means the 

$100,000,000 deposited in the Settlement Account (as defined 

in the Settlement) pursuant to subsection (j)(1) for use in 

making the adjustments authorized by that subsection. 

(10) TRUST ADMINISTRATION CLASS.—The term ‘‘Trust 

Administration Class’’ means the Trust Administration Class 

as defined in the Settlement. 

(b) PURPOSE.—The purpose of this section is to authorize the 

Settlement. 

(c) AUTHORIZATION.— (1) IN GENERAL.—The Settlement is authorized, ratified, 

and confirmed. 

(2) AMENDMENTS.—Any amendment to the Settlement is 

authorized, ratified, and confirmed, to the extent that such 

amendment is executed to make the Settlement consistent with 

this section. 

(d) JURISDICTIONAL PROVISIONS.— (1) IN GENERAL.—Notwithstanding the limitation on the 

jurisdiction of the district courts of the United States in section 

1346(a)(2) of title 28, United States Code, the United States 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3067 

District Court for the District of Columbia shall have jurisdiction of the claims asserted in the Amended Complaint for 

purposes of the Settlement. 

(2) CERTIFICATION OF TRUST ADMINISTRATION CLASS.— (A) IN GENERAL.—Notwithstanding the requirements 

of the Federal Rules of Civil Procedure, the court in the 

Litigation may certify the Trust Administration Class. 

(B) TREATMENT.—On certification under subparagraph 

(A), the Trust Administration Class shall be treated as 

a class certified under rule 23(b)(3) of the Federal Rules 

of Civil Procedure for purposes of the Settlement. 

(e) TRUST LAND CONSOLIDATION.— (1) TRUST LAND CONSOLIDATION FUND.— (A) ESTABLISHMENT.—On final approval of the Settlement, there shall be established in the Treasury of the 

United States a fund, to be known as the ‘‘Trust Land 

Consolidation Fund’’. 

(B) AVAILABILITY OF AMOUNTS.—Amounts in the Trust 

Land Consolidation Fund shall be made available to the 

Secretary during the 10-year period beginning on the date 

of final approval of the Settlement— 

(i) to conduct the Land Consolidation Program; 

and 

(ii) for other costs specified in the Settlement. 

(C) DEPOSITS.— 

(i) IN GENERAL.—On final approval of the Settlement, the Secretary of the Treasury shall deposit in 

the Trust Land Consolidation Fund $1,900,000,000 out 

of the amounts appropriated to pay final judgments, 

awards, and compromise settlements under section 

1304 of title 31, United States Code. 

(ii) CONDITIONS MET.—The conditions described in 

section 1304 of title 31, United States Code, shall 

be deemed to be met for purposes of clause (i). 

(D) TRANSFERS.—In a manner designed to encourage 

participation in the Land Consolidation Program, the Secretary may transfer, at the discretion of the Secretary, 

not more than $60,000,000 of amounts in the Trust Land 

Consolidation Fund to the Indian Education Scholarship 

Holding Fund established under paragraph (3). 

(2) OPERATION.—The Secretary shall consult with Indian 

tribes to identify fractional interests within the respective jurisdictions of the Indian tribes for purchase in a manner that 

is consistent with the priorities of the Secretary. 

(3) INDIAN EDUCATION SCHOLARSHIP HOLDING FUND.— 

(A) ESTABLISHMENT.—On final approval of the Settlement, there shall be established in the Treasury of the 

United States a fund, to be known as the ‘‘Indian Education 

Scholarship Holding Fund’’. 

(B) AVAILABILITY.—Notwithstanding any other provision of law governing competition, public notification, or 

Federal procurement or assistance, amounts in the Indian 

Education Scholarship Holding Fund shall be made available, without further appropriation, to the Secretary to 

contribute to an Indian Education Scholarship Fund, as 

described in the Settlement, to provide scholarships for 

Native Americans. 

Consultation. 


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124 STAT. 3068 PUBLIC LAW 111–291—DEC. 8, 2010 

(4) ACQUISITION OF TRUST OR RESTRICTED LAND.—The Secretary may acquire, at the discretion of the Secretary and 

in accordance with the Land Consolidation Program, any fractional interest in trust or restricted land. 

(5) TREATMENT OF UNLOCATABLE PLAINTIFFS.—A Plaintiff, 

the whereabouts of whom are unknown and who, after reasonable efforts by the Secretary, cannot be located during the 

5-year period beginning on the date of final approval of the 

Settlement, shall be considered to have accepted an offer made 

pursuant to the Land Consolidation Program. 

(f) TAXATION AND OTHER BENEFITS.— (1) INTERNAL REVENUE CODE.—For purposes of the Internal 

Revenue Code of 1986, amounts received by an individual 

Indian as a lump sum or a periodic payment pursuant to 

the Settlement shall not be— 

(A) included in gross income; or 

(B) taken into consideration for purposes of applying 

any provision of the Internal Revenue Code that takes 

into account excludable income in computing adjusted gross 

income or modified adjusted gross income, including section 

86 of that Code (relating to Social Security and tier 1 

railroad retirement benefits). 

(2) OTHER BENEFITS.—Notwithstanding any other provision 

of law, for purposes of determining initial eligibility, ongoing 

eligibility, or level of benefits under any Federal or federally 

assisted program, amounts received by an individual Indian 

as a lump sum or a periodic payment pursuant to the Settlement shall not be treated for any household member, during 

the 1-year period beginning on the date of receipt— 

(A) as income for the month during which the amounts 

were received; or 

(B) as a resource. 

(g) INCENTIVE AWARDS AND AWARD OF ATTORNEYS’ FEES, 

EXPENSES, AND COSTS UNDER SETTLEMENT AGREEMENT.— 

(1) IN GENERAL.—Subject to paragraph (3), the court in 

the Litigation shall determine the amount to which the Plaintiffs in the Litigation may be entitled for incentive awards 

and for attorneys’ fees, expenses, and costs— 

(A) in accordance with controlling law, including, with 

respect to attorneys’ fees, expenses, and costs, any 

applicable rule of law requiring counsel to produce contemporaneous time, expense, and cost records in support of 

a motion for such fees, expenses, and costs; and 

(B) giving due consideration to the special status of 

Class Members (as defined in the Settlement) as beneficiaries of a federally created and administered trust. 

(2) NOTICE OF AGREEMENT ON ATTORNEYS’ FEES, EXPENSES, 

AND COSTS.—The description of the request of Class Counsel 

for an amount of attorneys’ fees, expenses, and costs required 

under paragraph C.1.d. of the Settlement shall include a 

description of all material provisions of the Agreement on Attorneys’ Fees, Expenses, and Costs. 

(3) EFFECT ON AGREEMENT.—Nothing in this subsection 

limits or otherwise affects the enforceability of the Agreement 

on Attorneys’ Fees, Expenses, and Costs. 

(h) SELECTION OF QUALIFYING BANK.—The United States District Court for the District of Columbia, in exercising the discretion 

Determination. 


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of the Court to approve the selection of any proposed Qualifying 

Bank (as defined in the Settlement) under paragraph A.1. of the 

Settlement, may consider any factors or circumstances regarding 

the proposed Qualifying Bank that the Court determines to be 

appropriate to protect the rights and interests of Class Members 

(as defined in the Settlement) in the amounts to be deposited 

in the Settlement Account (as defined in the Settlement). 

(i) APPOINTEES TO SPECIAL BOARD OF TRUSTEES.—The 2 members of the special board of trustees to be selected by the Secretary 

under paragraph G.3. of the Settlement shall be selected only 

after consultation with, and after considering the names of possible 

candidates timely offered by, federally recognized Indian tribes. 

(j) TRUST ADMINISTRATION CLASS ADJUSTMENTS.— (1) FUNDS.— (A) IN GENERAL.—In addition to the amounts deposited 

pursuant to paragraph E.2. of the Settlement, on final 

approval, the Secretary of the Treasury shall deposit in 

the Trust Administration Adjustment Fund of the Settlement Account (as defined in the Settlement) $100,000,000 

out of the amounts appropriated to pay final judgments, 

awards, and compromise settlements under section 1304 

of title 31, United States Code, to be allocated and paid 

by the Claims Administrator (as defined in the Settlement 

and pursuant to paragraph E.1.e of the Settlement) in 

accordance with this subsection. 

(B) CONDITIONS MET.—The conditions described in section 1304 of title 31, United States Code, shall be deemed 

to be met for purposes of subparagraph (A). 

(2) ADJUSTMENT.— 

(A) IN GENERAL.—After the calculation of the pro rata 

share in Section E.4.b of the Settlement, the Trust Administration Adjustment Fund shall be used to increase the 

minimum payment to each Trust Administration Class 

Member whose pro rata share is— 

(i) zero; or 

(ii) greater than zero, but who would, after adjustment under this subparagraph, otherwise receive a 

smaller Stage 2 payment than those Trust Administration Class Members described in clause (i). 

(B) RESULT.—The amounts in the Trust Administration 

Adjustment Fund shall be applied in such a manner as 

to ensure, to the extent practicable (as determined by the 

court in the Litigation), that each Trust Administration 

Class Member receiving amounts from the Trust Administration Adjustment Fund receives the same total payment 

under Stage 2 of the Settlement after making the adjustments required by this subsection. 

(3) TIMING OF PAYMENTS.—The payments authorized by 

this subsection shall be included with the Stage 2 payments 

under paragraph E.4. of the Settlement. 

(k) EFFECT OF ADJUSTMENT PROVISIONS.—Notwithstanding any 

provision of this section, in the event that a court determines 

that the application of subsection (j) is unfair to the Trust Administration Class— 

(1) subsection (j) shall not go into effect; and 

(2) on final approval of the Settlement, in addition to 

the amounts deposited into the Trust Land Consolidation Fund 


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124 STAT. 3070 PUBLIC LAW 111–291—DEC. 8, 2010 

pursuant to subsection (e), the Secretary of the Treasury shall 

deposit in that Fund $100,000,000 out of amounts appropriated 

to pay final judgments, awards, and compromise settlements 

under section 1304 of title 31, United States Code (the conditions of which section shall be deemed to be met for purposes 

of this paragraph) to be used by the Secretary in accordance 

with subsection (e). 

TITLE II—FINAL SETTLEMENT OF 

CLAIMS FROM IN RE BLACK FARMERS 

DISCRIMINATION LITIGATION 

SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF 

CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION 

LITIGATION. 

(a) DEFINITIONS.—In this section: 

(1) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the settlement agreement dated February 18, 

2010 (including any modifications agreed to by the parties 

and approved by the court under that agreement) between 

certain plaintiffs, by and through their counsel, and the Secretary of Agriculture to resolve, fully and forever, the claims 

raised or that could have been raised in the cases consolidated 

in In re Black Farmers Discrimination Litigation, Misc. No. 

08–mc–0511 (PLF), including Pigford claims asserted under 

section 14012 of the Food, Conservation, and Energy Act of 

2008 (Public Law 110–246; 122 Stat. 2209). 

(2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’ has the 

meaning given that term in section 14012(a)(3) of the Food, 

Conservation, and Energy Act of 2008 (Public Law 110–246; 

122 Stat. 2210). 

(b) APPROPRIATION OF FUNDS.—There is appropriated to the 

Secretary of Agriculture $1,150,000,000, to remain available until 

expended, to carry out the terms of the Settlement Agreement 

if the Settlement Agreement is approved by a court order that 

is or becomes final and nonappealable, and the court finds that 

the Settlement Agreement is modified to incorporate the additional 

terms contained in subsection (g). The funds appropriated by this 

subsection are in addition to the $100,000,000 of funds of the 

Commodity Credit Corporation made available by section 14012(i) 

of the Food, Conservation, and Energy Act of 2008 (Public Law 

110–246; 122 Stat. 2212) and shall be available for obligation only 

after those Commodity Credit Corporation funds are fully obligated. 

If the Settlement Agreement is not approved as provided in this 

subsection, the $100,000,000 of funds of the Commodity Credit 

Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 shall be the sole funding available 

for Pigford claims. 

(c) USE OF FUNDS.—The use of the funds appropriated by 

subsection (b) shall be subject to the express terms of the Settlement 

Agreement. 

(d) TREATMENT OF REMAINING FUNDS.—If any of the funds 

appropriated by subsection (b) are not obligated and expended to 

carry out the Settlement Agreement, the Secretary of Agriculture 

shall return the unused funds to the Treasury and may not make 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3071 

the unused funds available for any purpose related to section 14012 

of the Food, Conservation, and Energy Act of 2008, for any other 

settlement agreement executed in In re Black Farmers Discrimination Litigation, No. 08–511 (D.D.C.), or for any other purpose. 

(e) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed as requiring the United States, any of its officers 

or agencies, or any other party to enter into the Settlement Agreement or any other settlement agreement. Nothing in this section 

shall be construed as creating the basis for a Pigford claim. 

(f) CONFORMING AMENDMENTS.—Section 14012 of the Food, 

Conservation, and Energy Act of 2008 (Public Law 110–246; 122 

Stat. 2209) is amended— 

(1) in subsection (c)(1)— 

(A) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (g)’’; and 

(B) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’; 

(2) by striking subsection (e); 

(3) in subsection (g), by striking ‘‘subsection (f)’’ and 

inserting ‘‘subsection (e)’’; 

(4) in subsection (i)— 

(A) by striking ‘‘(1) IN GENERAL.—Of the funds’’ and 

inserting ‘‘Of the funds’’; 

(B) by striking paragraph (2); and 

(C) by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (f)’’; 

(5) by striking subsection (j); and 

(6) by redesignating subsections (f), (g), (h), (i), and (k) 

as subsections (e), (f), (g), (h), and (i), respectively. 

(g) ADDITIONAL SETTLEMENT TERMS.—For the purposes of this 

section and funding for the Settlement Agreement, the following 

are additional terms: 

(1) DEFINITIONS.—In this subsection: 

(A) SETTLEMENT AGREEMENT.—The term ‘‘Settlement 

Agreement’’ means the settlement, including any modifications agreed to by the parties and approved by the court, 

between the Secretary of Agriculture and certain plaintiffs, 

by and through their counsel in litigation titled Black 

Farmers Discrimination Litigation, Misc. No. 08–mc–0511 

(PLF). 

(B) NEUTRAL ADJUDICATOR.— 

(i) IN GENERAL.—The term ‘‘Neutral Adjudicator’’ 

means a Track A Neutral or a Track B Neutral as 

those terms are defined in the Settlement Agreement, 

who have been hired by Lead Class Counsel as that 

term is defined in the Settlement Agreement. 

(ii) REQUIREMENT.—The Track A and B Neutrals 

called for in the Settlement Agreement shall be 

approved by the Secretary of the United States Department of Agriculture, the Attorney General, and the 

court. 

(2) OATH.—Every Neutral Adjudicator shall take an oath 

administered by the court prior to hearing claims. 

(3) ADDITIONAL DOCUMENTATION OR EVIDENCE.—Any Neutral Adjudicator may, during the course of hearing claims, 

require claimants to provide additional documentation and evidence if, in the Neutral Adjudicator’s judgment, the additional 


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124 STAT. 3072 PUBLIC LAW 111–291—DEC. 8, 2010 

documentation and evidence would be necessary or helpful in 

deciding the merits of the claim, or if the adjudicator suspects 

fraud regarding the claim. 

(4) ATTORNEYS FEES, EXPENSES, AND COSTS.— (A) IN GENERAL.—Subject to subparagraph (B) and the 

provisions of the Settlement Agreement regarding attorneys’ fee caps and maximum and minimum percentages 

for awards of attorneys fees, the court shall make any 

determination as to the amount of attorneys’ fees, expenses, 

and costs in accordance with controlling law, including, 

with respect to attorneys’ fees, expenses, and costs, any 

applicable rule of law requiring counsel to produce contemporaneous time, expenses, and cost records in support of 

a motion for such fees, expenses, and costs. 

(B) EFFECT ON AGREEMENT.—Nothing in this paragraph limits or otherwise affects the enforceability of provisions regarding attorneys’ fees, expenses, and costs that 

may be contained in the Settlement Agreement. 

(5) CERTIFICATION.—An attorney filing a claim on behalf 

of a claimant shall swear, under penalty of perjury, that: ‘‘to 

the best of the attorney’s knowledge, information, and belief 

formed after an inquiry reasonable under the circumstances, 

the claim is supported by existing law and the factual contentions have evidentiary support’’. 

(6) DISTRIBUTION OF CLAIMS DETERMINATIONS AND SETTLEMENT FUNDS.—In order to ensure full transparency of the 

administration of claims under the Settlement Agreement, the 

Claims Administrator as that term is defined in the Settlement 

Agreement, shall provide to the Secretary of Agriculture, the 

Inspector General of the Department of Agriculture, the 

Attorney General, and Lead Class Counsel as that term is 

defined in the Settlement Agreement, all information regarding 

Distribution of Claims Determinations and Settlement Funds 

described in the Settlement Agreement. 

(h) REPORTS.— (1) GOVERNMENT ACCOUNTABILITY OFFICE.— 

(A) IN GENERAL.—The Comptroller General of the 

United States shall evaluate the internal controls 

(including internal controls concerning fraud and abuse) 

created to carry out the terms of the Settlement Agreement, 

and report to the Congress at least 2 times throughout 

the duration of the claims adjudication process on the 

results of this evaluation. 

(B) ACCESS TO INFORMATION.—Solely for purposes of 

conducting the evaluation under subparagraph (A), the 

Comptroller General shall have access, upon request, to 

the claims administrator, the claims adjudicators, and 

related officials, appointed in connection with the aforementioned settlement, and to any information and records generated, used, or received by them, including names and 

addresses. 

(2) USDA INSPECTOR GENERAL.— 

(A) PERFORMANCE AUDIT.—The Inspector General of 

the Department of Agriculture shall, within 180 days of 

the initial adjudication of claims, and subsequently as 

appropriate, perform a performance audit based on a statistical sampling of adjudicated claims. 


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(B) AUDIT RECIPIENTS.—The audits described in clause 

(i) shall be provided to Secretary of Agriculture and the 

Attorney General. 

TITLE III—WHITE MOUNTAIN APACHE 

TRIBE WATER RIGHTS QUANTIFICATION 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘White Mountain Apache Tribe 

Water Rights Quantification Act of 2010’’. 

SEC. 302. PURPOSES. 

The purposes of this title are— 

(1) to authorize, ratify, and confirm the Agreement; 

(2) to authorize and direct the Secretary to execute the 

Agreement and take any other action necessary to carry out 

all obligations of the Secretary under the Agreement in accordance with this title; 

(3) to authorize the amounts necessary for the United 

States to meet the obligations of the United States under the 

Agreement and this title; and 

(4) to permanently resolve certain damage claims and all 

water rights claims among— 

(A) the Tribe and its members; 

(B) the United States, acting as trustee for the Tribe 

and its members; 

(C) the parties to the Agreement; and 

(D) all other claimants seeking to determine the nature 

and extent of the water rights of the Tribe, its members, 

the United States, acting as trustee for the Tribe and 

its members, and other claimants in— 

(i) the consolidated civil action in the Superior 

Court of the State of Arizona for the County of Maricopa styled In re the General Adjudication of All Rights 

To Use Water In The Gila River System and Source, 

W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San 

Pedro); and 

(ii) the civil action pending in the Superior Court 

of the State of Arizona for the County of Apache styled 

In re the General Adjudication of All Rights to Use 

Water in the Little Colorado River System and Source 

and numbered CIV–6417. 

SEC. 303. DEFINITIONS. 

In this title: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means— 

(A) the WMAT Water Rights Quantification Agreement 

dated January 13, 2009; and 

(B) any amendment or exhibit (including exhibit 

amendments) to that Agreement that are— 

(i) made in accordance with this title; or 

(ii) otherwise approved by the Secretary. 

(2) BUREAU.—The term ‘‘Bureau’’ means the Bureau of 

Reclamation. 

White Mountain 

Apache Tribe 

Water Rights 

Quantification 

Act of 2010. 


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(3) CAP.—The term ‘‘CAP’’ means the reclamation project 

authorized and constructed by the United States in accordance 

with title III of the Colorado River Basin Project Act (43 U.S.C. 

1521 et seq.). 

(4) CAP CONTRACTOR.—The term ‘‘CAP contractor’’ means 

an individual or entity that has entered into a long-term contract (as that term is used in the repayment stipulation) with 

the United States for delivery of water through the CAP system. 

(5) CAP FIXED OM&R CHARGE.—The term ‘‘CAP fixed OM&R 

charge’’ has the meaning given the term in the repayment 

stipulation. 

(6) CAP M&I PRIORITY WATER.—The term ‘‘CAP M&I priority water’’ means the CAP water having a municipal and 

industrial delivery priority under the repayment contract. 

(7) CAP SUBCONTRACTOR.—The term ‘‘CAP subcontractor’’ 

means an individual or entity that has entered into a longterm subcontract (as that term is used in the repayment stipulation) with the United States and the District for the delivery 

of water through the CAP system. 

(8) CAP SYSTEM.—The term ‘‘CAP system’’ means— 

(A) the Mark Wilmer Pumping Plant; 

(B) the Hayden-Rhodes Aqueduct; 

(C) the Fannin-McFarland Aqueduct; 

(D) the Tucson Aqueduct; 

(E) any pumping plant or appurtenant works of a 

feature described in any of subparagraphs (A) through 

(D); and 

(F) any extension of, addition to, or replacement for 

a feature described in any of subparagraphs (A) through 

(E). 

(9) CAP WATER.—The term ‘‘CAP water’’ means ‘‘Project 

Water’’ (as that term is defined in the repayment stipulation). 

(10) CONTRACT.—The term ‘‘Contract’’ means— 

(A) the proposed contract between the Tribe and the 

United States attached as exhibit 7.1 to the Agreement 

and numbered 08–XX–30–W0529; and 

(B) any amendments to that contract. 

(11) DISTRICT.—The term ‘‘District’’ means the Central 

Arizona Water Conservation District, a political subdivision 

of the State that is the contractor under the repayment contract. 

(12) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 

means the date described in section 309(d)(1). 

(13) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(14) INJURY TO WATER RIGHTS.— 

(A) IN GENERAL.—The term ‘‘injury to water rights’’ 

means an interference with, diminution of, or deprivation 

of, a water right under Federal, State, or other law. 

(B) INCLUSIONS.—The term ‘‘injury to water rights’’ 

includes— 

(i) a change in the groundwater table; and 

(ii) any effect of such a change. 

(C) EXCLUSION.—The term ‘‘injury to water rights’’ does 

not include any injury to water quality. 

(15) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.— The term ‘‘Lower Colorado River Basin Development Fund’’ 


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means the fund established by section 403 of the Colorado 

River Basin Project Act (43 U.S.C. 1543). 

(16) OFF-RESERVATION TRUST LAND.—The term ‘‘off-reservation trust land’’ means land— 

(A) located outside the exterior boundaries of the reservation that is held in trust by the United States for 

the benefit of the Tribe as of the enforceability date; and 

(B) depicted on the map attached to the Agreement 

as exhibit 2.57. 

(17) OPERATING AGENCY.—The term ‘‘Operating Agency’’ 

means the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement 

of the CAP system. 

(18) REPAYMENT CONTRACT.—The term ‘‘repayment contract’’ means— 

(A) the contract between the United States and the 

District for delivery of water and repayment of the costs 

of the CAP, numbered 14–06–W–245 (Amendment No. 1), 

and dated December 1, 1988; and 

(B) any amendment to, or revision of, that contract. 

(19) REPAYMENT STIPULATION.—The term ‘‘repayment 

stipulation’’ means the stipulated judgment and the stipulation 

for judgment (including any exhibits to those documents) 

entered on November 21, 2007, in the United States District 

Court for the District of Arizona in the consolidated civil action 

styled Central Arizona Water Conservation District v. United 

States, et al., and numbered CIV 95–625–TUC–WDB (EHC) 

and CIV 95–1720–PHX–EHC. 

(20) RESERVATION.— 

(A) IN GENERAL.—The term ‘‘reservation’’ means the 

land within the exterior boundary of the White Mountain 

Indian Reservation established by the Executive order 

dated November 9, 1871, as modified by subsequent Executive orders and Acts of Congress— 

(i) known on the date of enactment of this Act 

as the ‘‘Fort Apache Reservation’’ pursuant to chapter 

3 of the Act of June 7, 1897 (30 Stat. 62); and 

(ii) generally depicted on the map attached to the 

Agreement as exhibit 2.81. 

(B) NO EFFECT ON DISPUTE OR AS ADMISSION.—The 

depiction of the reservation described in subparagraph 

(A)(ii) shall not— 

(i) be used to affect any dispute between the Tribe 

and the United States concerning the legal boundary 

of the reservation; or 

(ii) constitute an admission by the Tribe with 

regard to any dispute between the Tribe and the United 

States concerning the legal boundary of the reservation. 

(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(22) STATE.—The term ‘‘State’’ means the State of Arizona. 

(23) TRIBAL CAP WATER.—The term ‘‘tribal CAP water’’ 

means the CAP water to which the Tribe is entitled pursuant 

to the Contract. 


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(24) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 

means the water rights of the Tribe described in paragraph 

4.0 of the Agreement. 

(25) TRIBE.—The term ‘‘Tribe’’ means the White Mountain 

Apache Tribe organized under section 16 of the Act of June 

18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’) 

(25 U.S.C. 476). 

(26) WATER RIGHT.—The term ‘‘water right’’ means any 

right in or to groundwater, surface water, or effluent under 

Federal, State, or other law. 

(27) WMAT RURAL WATER SYSTEM.—The term ‘‘WMAT rural 

water system’’ means the municipal, rural, and industrial water 

diversion, storage, and delivery system described in section 

307. 

(28) YEAR.—The term ‘‘year’’ means a calendar year. 

SEC. 304. APPROVAL OF AGREEMENT. 

(a) APPROVAL.— 

(1) IN GENERAL.—Except to the extent that any provision 

of the Agreement conflicts with a provision of this title, the 

Agreement is authorized, ratified, and confirmed. 

(2) AMENDMENTS.—Any amendment to the Agreement is 

authorized, ratified, and confirmed, to the extent that such 

amendment is executed to make the Agreement consistent with 

this title. 

(b) EXECUTION OF AGREEMENT.— 

(1) IN GENERAL.—To the extent that the Agreement does 

not conflict with this title, the Secretary shall promptly— 

(A) execute the Agreement, including all exhibits to 

the Agreement requiring the signature of the Secretary; 

and 

(B) in accordance with the Agreement, execute any 

amendment to the Agreement, including any amendment 

to any exhibit to the Agreement requiring the signature 

of the Secretary, that is not inconsistent with this title; 

and 

(2) DISCRETION OF THE SECRETARY.—The Secretary may 

execute any other amendment to the Agreement, including 

any amendment to any exhibit to the Agreement requiring 

the signature of the Secretary, that is not inconsistent with 

this title if the amendment does not require congressional 

approval pursuant to the Trade and Intercourse Act (25 U.S.C. 

177) or other applicable Federal law (including regulations). 

(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 

(1) ENVIRONMENTAL COMPLIANCE.—In implementing the 

Agreement and carrying out this title, the Secretary shall 

promptly comply with all applicable requirements of— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(C) all other applicable Federal environmental laws; 

and 

(D) all regulations promulgated under the laws 

described in subparagraphs (A) through (C). 

(2) EXECUTION OF AGREEMENT.— 


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(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 associated 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 permanent relinquishment of the Harquahala Valley Irrigation District CAP subcontract entitlement in accordance with the contract numbered 3–07–30–W0290 

among the District, Harquahala Valley Irrigation District, 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 Secretary 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). 


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(c) WATER SERVICE CAPITAL CHARGES.—The Tribe shall not 

be responsible for any water service capital charge for tribal CAP 

water. 

(d) ALLOCATION AND REPAYMENT.—For the purpose of determining the allocation and repayment of costs of any stage of the 

CAP constructed after November 21, 2007, the costs associated 

with the delivery of water described in subsection (b), regardless 

of whether the water is delivered for use by the Tribe or in accordance with any assignment, exchange, lease, option to lease, or 

other agreement for the temporary disposition of water entered 

into by the Tribe, shall be— 

(1) nonreimbursable; and 

(2) excluded from the repayment obligation of the District. 

(e) WATER CODE.—Not later than 18 months after the enforceability date, the Tribe shall enact a water code that— 

(1) governs the tribal water rights; and 

(2) includes, at a minimum— 

(A) provisions requiring the measurement, calculation, 

and recording of all diversions and depletions of water 

on the reservation and on off-reservation trust land; 

(B) terms of a water conservation plan, including objectives, conservation measures, and an implementation 

timeline; 

(C) provisions requiring the approval of the Tribe for 

the severance and transfer of rights to the use of water 

from historically irrigated land identified in paragraph 

11.3.2.1 of the Agreement to diversions and depletions on 

other non-historically irrigated land not located on the 

watershed of the same water source; and 

(D) provisions requiring the authorization of the Tribe 

for all diversions of water on the reservation and on offreservation trust land by any individual or entity other 

than the Tribe. 

SEC. 306. CONTRACT. 

(a) IN GENERAL.—The Secretary shall enter into the Contract, 

in accordance with the Agreement, to provide, among other things, 

that— 

(1) the Tribe, on approval of the Secretary, may— 

(A) enter into contracts or options to lease, contracts 

to exchange, or options to exchange tribal CAP water in 

Maricopa, Pinal, Pima, and Yavapai Counties in the State 

providing for the temporary delivery to any individual or 

entity of any portion of the tribal CAP water, subject to 

the condition that— 

(i) the term of the contract or option to lease 

shall not be longer than 100 years; 

(ii) the contracts or options to exchange shall be 

for the term provided in the contract or option; and 

(iii) a lease or option to lease providing for the 

temporary delivery of tribal CAP water shall require 

the lessee to pay to the Operating Agency all CAP 

fixed OM&R charges and all CAP pumping energy 

charges (as defined in the repayment stipulation) associated with the leased water; and 

Deadline. 


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(B) renegotiate any lease at any time during the term 

of the lease, subject to the condition that the term of 

the renegotiated lease shall not exceed 100 years; 

(2) no portion of the tribal CAP water may be permanently 

alienated; 

(3)(A) the Tribe (and not the United States in any capacity) 

shall be entitled to all consideration due to the Tribe under 

any contract or option to lease or exchange tribal CAP water 

entered into by the Tribe; and 

(B) the United States (in any capacity) has no trust or 

other obligation to monitor, administer, or account for, in any 

manner— 

(i) any funds received by the Tribe as consideration 

under a contract or option to lease or exchange tribal 

CAP water; or 

(ii) the expenditure of those funds; 

(4)(A) all tribal CAP water shall be delivered through the 

CAP system; and 

(B) if the delivery capacity of the CAP system is significantly reduced or anticipated to be significantly reduced for 

an extended period of time, the Tribe shall have the same 

CAP delivery rights as a CAP contractor or CAP subcontractor 

that is allowed to take delivery of water other than through 

the CAP system; 

(5) the Tribe may use tribal CAP water on or off the 

reservation for any purpose; 

(6) as authorized by subsection (f)(2)(A) of section 403 of 

the Colorado River Basin Project Act (43 U.S.C. 1543) and 

to the extent that funds are available in the Lower Colorado 

River Basin Development Fund established by subsection (a) 

of that section, the United States shall pay to the Operating 

Agency the CAP fixed OM&R charges associated with the 

delivery of tribal CAP water (except in the case of tribal CAP 

water leased by any individual or entity); 

(7) the Secretary shall waive the right of the Secretary 

to capture all return flow from project exchange water flowing 

from the exterior boundary of the reservation; and 

(8) no CAP water service capital charge shall be due or 

payable for the tribal CAP water, regardless of whether the 

water is delivered for use by the Tribe or pursuant to a contract 

or option to lease or exchange tribal CAP water entered into 

by the Tribe. 

(b) REQUIREMENTS.—The Contract shall be— 

(1) for permanent service (within the meaning of section 

5 of the Boulder Canyon Project Act (43 U.S.C. 617d)); and 

(2) without limit as to term. 

(c) RATIFICATION.— 

(1) IN GENERAL.—Except to the extent that any provision 

of the Contract conflicts with a provision of this title, the 

Contract is authorized, ratified, and confirmed. 

(2) AMENDMENTS.—Any amendment to the Contract is 

authorized, ratified, and confirmed, to the extent that such 

amendment is executed to make the Contract consistent with 

this title. 

(d) EXECUTION OF CONTRACT.—To the extent that the Contract 

does not conflict with this title, the Secretary shall execute the 

Contract. 

Waiver authority. 


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(e) PAYMENT OF CHARGES.—The Tribe, and any recipient of 

tribal CAP water through a contract or option to lease or exchange, 

shall not be obligated to pay a water service capital charge or 

any other charge, payment, or fee for CAP water, except as provided 

in an applicable lease or exchange agreement. 

(f) PROHIBITIONS.— 

(1) USE OUTSIDE STATE.—No tribal CAP water may be 

leased, exchanged, forborne, or otherwise transferred by the 

Tribe in any way for use directly or indirectly outside the 

State. 

(2) USE OFF RESERVATION.—Except as authorized by this 

section and paragraph 4.7 of the Agreement, no tribal water 

rights under this title may be sold, leased, transferred, or 

used outside the boundaries of the reservation or off-reservation 

trust land other than pursuant to an exchange. 

(3) AGREEMENTS WITH ARIZONA WATER BANKING

AUTHORITY.—Nothing in this title or the Agreement limits the 

right of the Tribe to enter into an agreement with the Arizona 

Water Banking Authority (or any successor entity) established 

by section 45–2421 of the Arizona Revised Statutes in accordance with State law. 

(g) LEASES.— 

(1) IN GENERAL.—To the extent that the leases of tribal 

CAP Water by the Tribe to the District and to any of the 

cities in the State, attached as exhibits to the Agreement, 

are not in conflict with the provisions of this title— 

(A) those leases are authorized, ratified, and confirmed; 

and 

(B) the Secretary shall execute the leases. 

(2) AMENDMENTS.—To the extent that amendments are 

executed to make the leases described in paragraph (1) consistent with this title, those amendments are authorized, ratified, and confirmed. 

SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM. 

(a) IN GENERAL.—Consistent with subsections (a) and (e) of 

section 312 and subsection (h) of this section, the Secretary, acting 

through the Bureau, shall plan, design, and construct the WMAT 

rural water system to divert, store, and distribute water from 

the North Fork of the White River to the Tribe that shall consist 

of— 

(1) a dam and storage reservoir, pumping plant, and treatment facilities located along the North Fork of the White River 

near the community of Whiteriver; 

(2) a distribution system consisting of pipelines extending 

from the treatment facilities to existing water distribution systems serving the communities of Whiteriver, Fort Apache, 

Canyon Day, Cedar Creek, Carrizo, and Cibecue; 

(3) connections to existing distribution facilities for the 

communities described in paragraph (2), but not including any 

upgrades of, or improvements to, existing or future public water 

systems for the communities described in paragraph (2) that 

may be necessary to accommodate increased demand and flow 

rates (and any associated changes in water quality); 

(4) connections to additional communities along the pipeline, provided that the additional connections may be added 


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to the distribution system described in paragraph (2) at the 

expense of the Tribe; 

(5) appurtenant buildings and access roads; 

(6) electrical power transmission and distribution facilities 

necessary for operation of the project; and 

(7) any other project components that the Secretary, in 

consultation with the Tribe, determines to be necessary. 

(b) MODIFICATIONS.—The Secretary and the Tribe— 

(1) may modify the components of the WMAT rural water 

system described in subsection (a) by mutual agreement; and 

(2) shall make all modifications required under subsection 

(c)(2). 

(c) FINAL PROJECT DESIGN.— 

(1) IN GENERAL.—The Secretary shall issue a final project 

design of the WMAT rural water system, including the dam, 

pumping plants, pipeline, and treatment plant, that is generally 

consistent with the project extension report dated February 

2007 after the completion of— 

(A) any appropriate environmental compliance activity; 

and 

(B) the review process described in paragraph (2). 

(2) REVIEW.— 

(A) IN GENERAL.—The Secretary shall review the proposed design of the WMAT rural water system and perform 

value engineering analyses. 

(B) RESULTS.—Taking into consideration the review 

under subparagraph (A), the Secretary, in consultation with 

the Tribe, shall require appropriate changes to the design, 

so that the final design— 

(i) meets Bureau of Reclamation design standards; 

(ii) to the maximum extent practicable, incorporates any changes that would improve the costeffectiveness of the delivery of water through the 

WMAT rural water system; and 

(iii) may be constructed for the amounts made 

available under section 312. 

(d) CONVEYANCE OF TITLE.— 

(1) IN GENERAL.—Title to the WMAT rural water system 

shall be held by the United States until title to the WMAT 

rural water system is conveyed by the Secretary to the Tribe 

pursuant to paragraph (2). 

(2) CONVEYANCE TO TRIBE.—The Secretary shall convey 

to the Tribe title to the WMAT rural water system not later 

than 30 days after the date on which the Secretary publishes 

in the Federal Register a statement of findings that— 

(A) the operating criteria, standing operating procedures, emergency action plan, and first filling and monitoring criteria of the designers have been established and 

are in place; 

(B) the WMAT rural water system has operated under 

the standing operating procedures of the designers, with 

the participation of the Tribe, for a period of 3 years; 

(C) the Secretary has provided the Tribe with technical 

assistance on the manner by which to operate and maintain 

the WMAT rural water system; 

Deadline. 

Federal Register, 

publication. 


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(D) the funds made available under section 312(b)(3)(B) 

have been deposited in the WMAT Maintenance Fund; 

and 

(E) the WMAT rural water system— 

(i) is substantially complete, as determined by the 

Secretary; and 

(ii) satisfies the requirement that— 

(I) the infrastructure constructed is capable 

of storing, diverting, treating, transmitting, and 

distributing a supply of water as set forth in the 

final project design described in subsection (c); and 

(II) the Secretary has consulted with the Tribe 

regarding the proposed finding that the WMAT 

rural water system is substantially complete. 

(e) ALIENATION AND TAXATION.— 

(1) IN GENERAL.—Conveyance of title to the Tribe pursuant 

to subsection (d) does not waive or alter any applicable Federal 

law (including regulations) prohibiting alienation or taxation 

of the WMAT rural water system or the underlying reservation 

land. 

(2) ALIENATION OF WMAT RURAL WATER SYSTEM.—The 

WMAT rural water system, including the components of the 

WMAT rural water system, shall not be alienated, encumbered, 

or conveyed in any manner by the Tribe, unless a reconveyance 

is authorized by an Act of Congress enacted after the date 

of enactment of this Act. 

(f) OPERATION AND MAINTENANCE.— 

(1) IN GENERAL.—Consistent with subsections (d) and (e) 

of section 312, the Secretary, acting through the Bureau and 

in cooperation with the Tribe, shall operate, maintain, and 

replace the WMAT rural water system until the date on which 

title to the WMAT rural water system is transferred to the 

Tribe pursuant to subsection (d)(2). 

(2) LIMITATION.— 

(A) IN GENERAL.—Beginning on the date on which title 

to the WMAT rural water system is transferred to the 

Tribe pursuant to subsection (d)(2), the United States shall 

have no obligation to pay for the operation, maintenance, 

or replacement costs of the WMAT rural water system. 

(B) LIMITATION ON LIABILITY.—Effective on the date 

on which the Secretary publishes a statement of findings 

in the Federal Register pursuant to subsection (d)(2), the 

United States shall not be held liable by any court for 

damages arising out of any act, omission, or occurrence 

relating to the land or facilities conveyed, other than damages caused by any intentional act or act of negligence 

committed by the United States, or by employees or agents 

of the United States, prior to the date on which the Secretary publishes a statement of findings in the Federal 

Register pursuant to subsection (d)(2). 

(g) RIGHT TO REVIEW.— 

(1) IN GENERAL.—The statement of findings published by 

the Secretary pursuant to subsection (d)(2) shall be considered 

to be a final agency action subject to judicial review under 

sections 701 through 706 of title 5, United States Code. 

Effective date. 


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(2) EFFECT OF TITLE.—Nothing in this title gives the Tribe 

or any other party the right to judicial review of the determination by the Secretary under subsection (d) except under subchapter II of chapter 5, and chapter 7, of title 5, United States 

Code (commonly known as the ‘‘Administrative Procedure Act’’). 

(h) APPLICABILITY OF ISDEAA.— 

(1) AGREEMENT FOR SPECIFIC ACTIVITIES.—On receipt of 

a request of the Tribe, and in accordance with the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

450 et seq.), the Secretary shall enter into 1 or more agreements 

with the Tribe to carry out the activities authorized by this 

section. 

(2) CONTRACTS.—Any contract entered into pursuant to 

the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450 et seq.) for the purpose of carrying out any 

provision of this title shall incorporate such provisions 

regarding periodic payment of funds, timing for use of funds, 

transparency, oversight, reporting, and accountability as the 

Secretary determines to be necessary (at the sole discretion 

of the Secretary) to ensure appropriate stewardship of Federal 

funds. 

(i) FINAL DESIGNS; PROJECT CONSTRUCTION.— 

(1) FINAL DESIGNS.—All designs for the WMAT rural water 

system shall— 

(A) conform to Bureau design standards; and 

(B) be subject to review and approval by the Secretary. 

(2) PROJECT CONSTRUCTION.—Each project component of 

the WMAT rural water system shall be constructed pursuant 

to designs and specifications approved by the Secretary, and 

all construction work shall be subject to inspection and approval 

by the Secretary. 

(j) CONDITION.—As a condition of construction of the facilities 

authorized by this section, the Tribe shall provide, at no cost to 

the Secretary, all land or interests in land that the Secretary 

identifies as necessary for the construction, operation, and maintenance of those facilities. 

SEC. 308. SATISFACTION OF CLAIMS. 

(a) IN GENERAL.—Except as set forth in the Agreement, the 

benefits realized by the Tribe and its members under this title 

shall be in full satisfaction of all claims of the Tribe, its members, 

and the United States, acting as trustee for the benefit of the 

Tribe and its members, for water rights and injury to water rights 

under Federal, State, or other law with respect to the reservation 

and off-reservation trust land. 

(b) USES OF WATER.—All uses of water on land outside of 

the reservation, if and when that land is subsequently and finally 

determined to be part of the reservation through resolution of 

any dispute between the Tribe and the United States over the 

location of the reservation boundary, and any fee land within the 

reservation placed into trust and made part of the reservation, 

shall be subject to the maximum annual diversion amounts and 

the maximum annual depletion amounts specified in the Agreement. 

(c) NO RECOGNITION OF WATER RIGHTS.—Notwithstanding subsection (a), nothing in this title recognizes or establishes any right 

of a member of the Tribe to water on the reservation. 


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SEC. 309. WAIVERS AND RELEASES OF CLAIMS. 

(a) IN GENERAL.—– 

(1) CLAIMS AGAINST THE STATE AND OTHERS.—Except for 

the specifically retained claims described in subsection (b)(1), 

the Tribe, on behalf of itself and its members, and the United 

States, acting in its capacity as trustee for the Tribe and 

its members, as part of the performance of the respective obligations of the United States and the Tribe under the Agreement, 

are authorized to execute a waiver and release of any claims 

against the State (or any agency or political subdivision of 

the State), or any other person, entity, corporation, or municipal 

corporation under Federal, State, or other law for all— 

(A)(i) past, present, and future claims for water rights 

for the reservation and off-reservation trust land arising 

from time immemorial and, thereafter, forever; and 

(ii) past, present, and future claims for water rights 

arising from time immemorial and, thereafter, forever, that 

are based on aboriginal occupancy of land by the Tribe, 

its members, or their predecessors; 

(B)(i) past and present claims for injury to water rights 

for the reservation and off-reservation trust land arising 

from time immemorial through the enforceability date; 

(ii) past, present, and future claims for injury to water 

rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by 

the Tribe, its members, or their predecessors; and 

(iii) claims for injury to water rights arising after the 

enforceability date for the reservation and off-reservation 

trust land resulting from off-reservation diversion or use 

of water in a manner that is not in violation of the Agreement or State law; and 

(C) past, present, and future claims arising out of, 

or relating in any manner to, the negotiation, execution, 

or adoption of the Agreement, an applicable settlement 

judgement or decree, or this title. 

(2) CLAIMS AGAINST TRIBE.—Except for the specifically 

retained claims described in subsection (b)(3), the United 

States, in all capacities (except as trustee for an Indian tribe 

other than the Tribe), as part of the performance of its obligations under the Agreement, is authorized to execute a waiver 

and release of any and all claims against the Tribe, its members, or any agency, official, or employee of the Tribe, under 

Federal, State, or any other law for all— 

(A) past and present claims for injury to water rights 

resulting from the diversion or use of water on the reservation and on off-reservation trust land arising from time 

immemorial through the enforceability date; 

(B) claims for injury to water rights arising after the 

enforceability date resulting from the diversion or use of 

water on the reservation and on off-reservation trust land 

in a manner that is not in violation of the Agreement; 

and 

(C) past, present, and future claims arising out of 

or related in any manner to the negotiation, execution, 

or adoption of the Agreement, an applicable settlement 

judgement or decree, or this title. 


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(3) CLAIMS AGAINST UNITED STATES.—Except for the specifically retained claims described in subsection (b)(2), the Tribe, 

on behalf of itself and its members, as part of the performance 

of the obligations of the Tribe under the Agreement, is authorized to execute a waiver and release of any claim against 

the United States, including agencies, officials, or employees 

of the United States (except in the capacity of the United 

States as trustee for other Indian tribes), under Federal, State, 

or other law for any and all— 

(A)(i) past, present, and future claims for water rights 

for the reservation and off-reservation trust land arising 

from time immemorial and, thereafter, forever; and 

(ii) past, present, and future claims for water rights 

arising from time immemorial and, thereafter, forever that 

are based on aboriginal occupancy of land by the Tribe, 

its members, or their predecessors; 

(B)(i) past and present claims relating in any manner 

to damages, losses, or injuries to water, water rights, land, 

or other resources due to loss of water or water rights 

(including damages, losses, or injuries to hunting, fishing, 

gathering, or cultural rights due to loss of water or water 

rights, claims relating to interference with, diversion, or 

taking of water, or claims relating to failure to protect, 

acquire, or develop water, water rights, or water infrastructure) within the reservation and off-reservation trust land 

that first accrued at any time prior to the enforceability 

date; 

(ii) past, present, and future claims for injury to water 

rights arising from time immemorial and, thereafter, forever that are based on aboriginal occupancy of land by 

the Tribe, its members, or their predecessors; and 

(iii) claims for injury to water rights arising after the 

enforceability date for the reservation and off-reservation 

trust land resulting from the off-reservation diversion or 

use of water in a manner that is not in violation of the 

Agreement or applicable law; 

(C) past, present, and future claims arising out of, 

or relating in any manner to, the negotiation, execution, 

or adoption of the Agreement, an applicable settlement 

judgment or decree, or this title; 

(D) past and present claims relating in any manner 

to pending litigation of claims relating to the water rights 

of the Tribe for the reservation and off-reservation trust 

land; 

(E) past and present claims relating to the operation, 

maintenance, and replacement of existing irrigation systems on the reservation constructed prior to the enforceability date that first accrued at any time prior to the 

enforceability date, which waiver shall only become effective on the full appropriation and payment to the Tribe 

of $4,950,000 of the amounts made available under section 

312(b)(2)(B); 

(F) any claims relating to operation, maintenance, and 

replacement of the WMAT rural water system, which 

waiver shall only become effective on the date on which 

funds are made available under section 312(b)(3)(B) and 

deposited in the WMAT Maintenance Fund; 


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(G) past and present breach of trust and negligence 

claims for damage to the land and natural resources of 

the Tribe caused by riparian and other vegetative manipulation by the United States for the purpose of increasing 

water runoff from the reservation that first accrued at 

any time prior to the enforceability date; and 

(H) past and present claims for trespass, use, and 

occupancy of the reservation in, on, and along the Black 

River that first accrued at any time prior to the enforceability date. 

(4) EFFECT ON BOUNDARY CLAIMS.—Nothing in this title 

expands, diminishes, or impacts any claims the Tribe may 

assert, or any defense the United States may assert, concerning 

title to land outside the most current survey, as of the date 

of enactment of this Act, of the northern boundary of the 

reservation. 

(b) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.— 

(1) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS

BY TRIBE AND UNITED STATES.— 

(A) IN GENERAL.—Notwithstanding the waiver and 

release of claims authorized under subsection (a)(1), the 

Tribe, on behalf of itself and its members, and the United 

States, acting as trustee for the Tribe and its members, 

shall retain any right— 

(i) subject to subparagraph 16.9 of the Agreement, 

to assert claims for injuries to, and seek enforcement 

of, the rights of the Tribe and its members under 

the Agreement or this title in any Federal or State 

court of competent jurisdiction; 

(ii) to assert claims for injuries to, and seek 

enforcement of, the rights of the Tribe under the judgment and decree entered by the court in the Gila 

River adjudication proceedings; 

(iii) to assert claims for injuries to, and seek 

enforcement of, the rights of the Tribe under the judgment and decree entered by the court in the Little 

Colorado River adjudication proceedings; 

(iv) to object to any claims by or for any other 

Indian tribe, Indian community or nation, or dependent 

Indian community, or the United States on behalf of 

such a tribe, community, or nation; 

(v) to participate in the Gila River adjudication 

proceedings and the Little Colorado River adjudication 

proceedings to the extent provided in subparagraph 

14.1 of the Agreement; 

(vi) to assert any claims arising after the enforceability date for injury to water rights not specifically 

waived under this section; 

(vii) to assert any past, present, or future claim 

for injury to water rights against any other Indian 

tribe, Indian community or nation, dependent Indian 

community, allottee, or the United States on behalf 

of such a tribe, community, nation, or allottee; 

(viii) to assert any past, present, or future claim 

for trespass, use, and occupancy of the reservation 

in, on, or along the Black River against FreeportVerDate Nov 24 2008 15:14 Dec 14, 2010 Jkt 099139 PO 00291 Frm 00024 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL291.111 APPS06 PsN: PUBL291

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McMoRan Copper & Gold, Inc., Phelps Dodge Corporation, or Phelps Dodge Morenci, Inc. (or a predecessor 

or successor of those entities), including all subsidiaries 

and affiliates of those entities; and 

(ix) to assert claims arising after the enforceability 

date for injury to water rights resulting from the 

pumping of water from land located within national 

forest land as of the date of the Agreement in the 

south 1⁄2 of T. 9 N., R. 24 E., the south 1⁄2 of T. 

9 N., R. 25 E., the north 1⁄2 of T. 8 N., R. 24 E., 

or the north 1⁄2 of T. 8 N., R. 25 E., if water from 

the land is used on the land or is transported off 

the land for municipal, commercial, or industrial use. 

(B) AGREEMENT.—On terms acceptable to the Tribe 

and the United States, the Tribe and the United States 

are authorized to enter into an agreement with FreeportMcMoRan Copper & Gold, Inc., Phelps Dodge Corporation, 

or Phelps Dodge Morenci, Inc. (or a predecessor or successor 

of those entities), including all subsidiaries and affiliates 

of those entities, to resolve the claims of the Tribe relating 

to the trespass, use, and occupancy of the reservation in, 

on, and along the Black River. 

(2) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS

BY TRIBE AGAINST UNITED STATES.—Notwithstanding the waiver 

and release of claims authorized under subsection (a)(3), the 

Tribe, on behalf of itself and its members, shall retain any 

right— 

(A) subject to subparagraph 16.9 of the Agreement, 

to assert claims for injuries to, and seek enforcement of, 

the rights of the Tribe and its members under the Agreement or this title, in any Federal or State court of competent jurisdiction; 

(B) to assert claims for injuries to, and seek enforcement of, the rights of the Tribe and members under the 

judgment and decree entered by the court in the Gila 

River adjudication proceedings; 

(C) to assert claims for injuries to, and seek enforcement of, the rights of the Tribe and members under the 

judgment and decree entered by the court in the Little 

Colorado River adjudication proceedings; 

(D) to object to any claims by or for any other Indian 

tribe, Indian community or nation, or dependent Indian 

community, or the United States on behalf of such a tribe, 

community, or nation; 

(E) to assert past, present, or future claims for injury 

to water rights or any other claims other than a claim 

to water rights, against any other Indian tribe, Indian 

community or nation, or dependent Indian community, or 

the United States on behalf of such a tribe, community, 

or nation; 

(F) to assert claims arising after the enforceability 

date for injury to water rights resulting from the pumping 

of water from land located within national forest land 

as of the date of the Agreement in the south 1⁄2 of T. 

9 N., R. 24 E., the south 1⁄2 of T. 9 N., R. 25 E., the 

north 1⁄2 of T. 8 N., R. 24 E., or the north 1⁄2 of T. 8 

N., R. 25 E., if water from that land is used on the land 


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124 STAT. 3088 PUBLIC LAW 111–291—DEC. 8, 2010 

or is transported off the land for municipal, commercial, 

or industrial use; 

(G) to assert any claims arising after the enforceability 

date for injury to water rights not specifically waived under 

this section; 

(H) to seek remedies and to assert any other claims 

not specifically waived under this section; and 

(I) to assert any claim arising after the enforceability 

date for a future taking by the United States of reservation 

land, off-reservation trust land, or any property rights 

appurtenant to that land, including any water rights set 

forth in paragraph 4.0 of the Agreement. 

(3) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS

BY UNITED STATES.—Notwithstanding the waiver and release 

of claims authorized under subsection (a)(2), the United States 

shall retain any right to assert any claim not specifically waived 

in that subsection. 

(c) EFFECTIVENESS OF WAIVER AND RELEASES.—Except as otherwise specifically provided in subparagraphs (E) and (F) of subsection 

(a)(3), the waivers and releases under subsection (a) shall become 

effective on the enforceability date. 

(d) ENFORCEABILITY DATE.— 

(1) IN GENERAL.—This section takes effect on the date 

on which the Secretary publishes in the Federal Register a 

statement of findings that— 

(A)(i) to the extent that the Agreement conflicts with 

this title, the Agreement has been revised through an 

amendment to eliminate the conflict; and 

(ii) the Agreement, as so revised, has been executed 

by the Secretary, the Tribe, and the Governor of the State; 

(B) the Secretary has fulfilled the requirements of sections 305 and 306; 

(C) the amount made available under section 312(a) 

has been deposited in the White Mountain Apache Tribe 

Water Rights Settlement Subaccount; 

(D) the State funds described in subparagraph 13.3 

of the Agreement have been deposited in the White Mountain Apache Tribe Water Rights Settlement Subaccount; 

(E) the Secretary has issued a record of decision 

approving the construction of the WMAT rural water 

system in a configuration substantially similar to that 

described in section 307; 

(F) the judgments and decrees substantially in the 

form of those attached to the Agreement as exhibits 12.9.6.1 

and 12.9.6.2 have been approved by the respective trial 

courts; and 

(G) the waivers and releases authorized and set forth 

in subsection (a) have been executed by the Tribe and 

the Secretary. 

(2) FAILURE OF ENFORCEABILITY DATE TO OCCUR.—If the 

Secretary does not publish a statement of findings under paragraph (1) by April 30, 2021— 

(A) this title is repealed effective May 1, 2021, and 

any activity by the Secretary to carry out this title shall 

cease; 

Federal Register, 

publication. 


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(B) any amounts made available under section 312 

shall immediately revert to the general fund of the 

Treasury; 

(C) any other amounts deposited in the White Mountain Apache Tribe Water Rights Settlement Subaccount 

(including any amounts paid by the State in accordance 

with the Agreement), together with any interest accrued 

on those amounts, shall immediately be returned to the 

respective sources of those funds; and 

(D) the Tribe and its members, and the United States, 

acting as trustee for the Tribe and its members, shall 

retain the right to assert past, present, and future water 

rights claims and claims for injury to water rights for 

the reservation and off-reservation trust land. 

(3) NO ADDITIONAL RIGHTS TO WATER.—Beginning on the 

enforceability date, all land held by the United States in trust 

for the Tribe and its members shall have no rights to water 

other than those specifically quantified for the Tribe and the 

United States, acting as trustee for the Tribe and its members, 

for the reservation and off-reservation trust land pursuant to 

paragraph 4.0 of the Agreement. 

(e) UNITED STATES ENFORCEMENT AUTHORITY.—Nothing in this 

title or the Agreement affects any right of the United States to 

take any action, including environmental actions, under any laws 

(including regulations and the common law) relating to human 

health, safety, or the environment. 

(f) NO EFFECT ON WATER RIGHTS.—Except as provided in paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) of subsection (a), 

nothing in this title affects any rights to water of the Tribe, its 

members, or the United States, acting as trustee for the Tribe 

and its members, for land outside the boundaries of the reservation 

or the off-reservation trust land. 

(g) ENTITLEMENTS.—Any entitlement to water of the Tribe, 

its members, or the United States, acting as trustee for the Tribe 

and its members, relating to the reservation or off-reservation trust 

land shall be satisfied from the water resources granted, quantified, 

confirmed, or recognized with respect to the Tribe, its members, 

and the United States by the Agreement and this title. 

(h) OBJECTION PROHIBITED.—Except as provided in paragraphs 

(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the United 

States, acting as trustee for the Tribe shall not— 

(1) object to the use of any well located outside the boundaries of the reservation or the off-reservation trust land in 

existence on the enforceability date; or 

(2) object to, dispute, or challenge after the enforceability 

date the drilling of any well or the withdrawal and use of 

water from any well in the Little Colorado River adjudication 

proceedings, the Gila River adjudication proceedings, or any 

other judicial or administrative proceeding. 

SEC. 310. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT SUBACCOUNT. 

(a) ESTABLISHMENT.—There is established in the Lower Colorado River Basin Development Fund a subaccount to be known 

as the ‘‘White Mountain Apache Tribe Water Rights Settlement 

Subaccount’’, consisting of— 


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124 STAT. 3090 PUBLIC LAW 111–291—DEC. 8, 2010 

(1) the amounts deposited in the subaccount pursuant to 

section 312(a); and 

(2) such other amounts as are available, including the 

amounts provided in subparagraph 13.3 of the Agreement. 

(b) USE OF FUNDS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall use amounts from the White Mountain Apache Tribe 

Water Rights Settlement Subaccount for the planning, design, 

and construction of the WMAT rural water system, in accordance with section 307(a). 

(2) REQUIREMENTS.—In carrying out the activities described 

in paragraph (1), the Secretary shall use such sums as are 

necessary from the White Mountain Apache Tribe Water Rights 

Settlement Subaccount— 

(A) to provide the Bureau with amounts sufficient to 

carry out oversight of the planning, design, and construction of the WMAT rural water system; 

(B) to repay to the Treasury (or the United States) 

any outstanding balance on the loan authorized by the 

White Mountain Apache Tribe Rural Water System Loan 

Authorization Act (Public Law 110–390; 122 Stat. 4191), 

after which repayment, the Tribe shall have no further 

liability for the balance on that loan; and 

(C) to carry out all required environmental compliance 

activities associated with the planning, design, and 

construction of the WMAT rural water system. 

(c) ISDEAA CONTRACT.— 

(1) IN GENERAL.—If the Tribe so requests, the planning, 

design, and construction of the WMAT rural water system 

shall be carried out pursuant to the terms of an agreement 

or agreements entered into under section 307(h). 

(2) ENFORCEMENT.—The Secretary may pursue any judicial 

remedies and carry out any administrative actions that are 

necessary to enforce an agreement described in paragraph (1) 

to ensure that amounts in the White Mountain Apache Tribe 

Water Rights Settlement Subaccount are used in accordance 

with this section. 

(d) PROHIBITION ON PER CAPITA DISTRIBUTIONS.—No amount 

of the principal, or the interest or income accruing on the principal, 

of the White Mountain Apache Tribe Water Rights Settlement 

Subaccount shall be distributed to any member of the Tribe on 

a per capita basis. 

(e) AVAILABILITY OF FUNDS.— 

(1) IN GENERAL.—Amounts in the White Mountain Apache 

Tribe Water Rights Settlement Subaccount shall not be available for expenditure by the Secretary until the enforceability 

date. 

(2) INVESTMENT.—The Secretary shall invest the amounts 

in the White Mountain Apache Tribe Water Rights Settlement 

Subaccount in accordance with section 403(f)(4) of the Colorado 

River Basin Project Act (43 U.S.C. 1543(f)(4)). 

(3) USE OF INTEREST.—The interest accrued on amounts 

invested under paragraph (2) shall not be available for expenditure or withdrawal until the enforceability date. 

SEC. 311. MISCELLANEOUS PROVISIONS. 

(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 


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(1) IN GENERAL.—In the case of a civil action described 

in paragraph (2)— 

(A) the United States or the Tribe, or both, may be 

joined in the civil action; and 

(B) any claim by the United States or the Tribe to 

sovereign immunity from the civil action is waived for 

the sole purpose of resolving any issue regarding the 

interpretation or enforcement of this title or the Agreement. 

(2) DESCRIPTION OF CIVIL ACTION.—A civil action referred 

to in paragraph (1) is a civil action filed— 

(A) by any party to the Agreement or signatory to 

an exhibit to the Agreement in a United States or State 

court that— 

(i) relates solely and directly to the interpretation 

or enforcement of this title or the Agreement; and 

(ii) names as a party the United States or the 

Tribe; or 

(B) by a landowner or water user in the Gila River 

basin or Little Colorado River basin in the State that— 

(i) relates solely and directly to the interpretation 

or enforcement of section 309 of this title and paragraph 12.0 of the Agreement; and 

(ii) names as a party the United States or the 

Tribe. 

(b) EFFECT OF TITLE.—Nothing in this title quantifies or otherwise affects any water right or claim or entitlement to water of 

any Indian tribe, band, or community other than the Tribe. 

(c) LIMITATION ON LIABILITY OF UNITED STATES.— 

(1) IN GENERAL.—The United States shall have no trust 

or other obligation— 

(A) to monitor, administer, or account for, in any 

manner, any amount paid to the Tribe by any party to 

the Agreement other than the United States; or 

(B) to review or approve the expenditure of those funds. 

(2) INDEMNIFICATION.—The Tribe shall indemnify the 

United States, and hold the United States harmless, with 

respect to any claim (including claims for takings or breach 

of trust) arising out of the receipt or expenditure of funds 

described in paragraph (1)(A). 

(d) 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 title; 

(2) the execution or performance of the Agreement; or 

(3) the use, storage, delivery, lease, or exchange of CAP 

water. 

(e) SECRETARIAL POWER SITES.—The portions of the following 

named secretarial power site reserves that are located on the Fort 

Apache Indian Reservation or the San Carlos Apache Reservation, 

as applicable, shall be transferred and restored into the name 

of the Tribe or the San Carlos Apache Tribe, respectively: 

(1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 

27 E.). 

(2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 

26 E.; T. 3 N., R. 26 E.). 


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124 STAT. 3092 PUBLIC LAW 111–291—DEC. 8, 2010 

(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 41⁄2

N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 41⁄2 N., R. 21 E.; T. 

5 N., R. 19 E.). 

(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). 

(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 

E.). 

(6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., R. 16 

E.). 

(f) NO EFFECT ON FUTURE ALLOCATIONS.—Water received under 

a lease or exchange of tribal CAP water under this title shall 

not affect any future allocation or reallocation of CAP water by 

the Secretary. 

(g) AFTER-ACQUIRED TRUST LAND.— (1) REQUIREMENT OF ACT OF CONGRESS.— (A) LEGAL TITLE.—Subject to subparagraph (B), after 

the enforceability date, if the Tribe seeks to have legal 

title to additional land in the State located outside the 

exterior boundaries of the reservation taken into trust by 

the United States for the benefit of the Tribe, the Tribe 

may do so only pursuant to an Act of Congress specifically 

authorizing the transfer for the benefit of the Tribe. 

(B) EXCEPTIONS.—Subparagraph (A) shall not apply 

to— 

(i) the restoration of land to the reservation subsequently and finally determined to be part of the reservation through resolution of any dispute between 

the Tribe and the United States over the location of 

the reservation boundary, unless required by Federal 

law; or 

(ii) off-reservation trust land acquired prior to 

January 1, 2008. 

(2) WATER RIGHTS.— 

(A) IN GENERAL.—After-acquired trust land that is 

located outside the reservation shall not include federally 

reserved rights to surface water or groundwater. 

(B) RESTORED LAND.—Land that is restored to the reservation as the result of the resolution of any reservation 

boundary dispute between the Tribe and the United States, 

or any fee simple land within the reservation that is placed 

into trust, shall have water rights pursuant to section 

308(b). 

(3) ACCEPTANCE OF LAND IN TRUST STATUS.— 

(A) IN GENERAL.—If the Tribe acquires legal fee title 

to land that is located within the exterior boundaries of 

the reservation, the Secretary shall accept the land in 

trust status for the benefit of the Tribe in accordance 

with applicable Federal law (including regulations) for such 

real estate acquisitions. 

(B) RESERVATION STATUS.—Land held in trust by the 

Secretary under subparagraph (A), or restored to the reservation as a result of resolution of a boundary dispute 

between the Tribe and the United States, shall be deemed 

to be part of the reservation. 

(h) CONFORMING AMENDMENT.—Section 3(b)(2) of the White 

Mountain Apache Tribe Rural Water System Loan Authorization 

Act (Public Law 110–390; 122 Stat. 4191) is amended by striking 

‘‘January 1, 2013’’ and inserting ‘‘May 1, 2021’’. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3093 

SEC. 312. FUNDING. 

(a) RURAL WATER SYSTEM.— (1) MANDATORY APPROPRIATIONS.—Subject to paragraph (2), 

out of any funds in the Treasury not otherwise appropriated, 

the Secretary of the Treasury shall transfer to the Secretary 

to carry out the planning, engineering, design, environmental 

compliance, and construction of the WMAT rural water system 

$126,193,000. 

(2) INCLUSIONS.—The amount made available under paragraph (1) shall include such sums as are necessary, but not 

to exceed 4 percent of the construction contract costs, for the 

Bureau to carry out oversight of activities for planning, design, 

environmental compliance, and construction of the rural water 

system. 

(b) WMAT SETTLEMENT AND MAINTENANCE FUNDS.— (1) DEFINITION OF FUNDS.—In this subsection, the term 

‘‘Funds’’ means— 

(A) the WMAT Settlement Fund established by paragraph (2)(A); and 

(B) the WMAT Maintenance Fund established by paragraph (3)(A). 

(2) WMAT SETTLEMENT FUND.— 

(A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a fund to be known as 

the ‘‘WMAT Settlement Fund’’, to be administered by the 

Secretary, consisting of the amounts deposited in the fund 

under subparagraph (B), together with any interest accrued 

on those amounts, for use by the Tribe in accordance with 

subparagraph (C). 

(B) TRANSFERS TO FUND.— 

(i) IN GENERAL.—There are authorized to be appropriated to the Secretary for deposit in the WMAT 

Settlement Fund— 

(I) $78,500,000; and 

(II) any additional amounts described in clause 

(ii), if applicable. 

(ii) AUTHORIZATION OF ADDITIONAL AMOUNTS.—In 

accordance with subsection (e)(4)(B), if the WMAT 

rural water system is conveyed to the Tribe before 

the date on which the $35,000,000 described in subsection (e)(2) is completely made available, there is 

authorized to be appropriated to the Secretary, for 

deposit in the WMAT Settlement Fund, any remaining 

amounts that would otherwise have been made available for expenditure from the Cost Overrun Subaccount. 

(C) USE OF FUNDS.— 

(i) IN GENERAL.—The Tribe shall use amounts in 

the WMAT Settlement Fund for any of the following 

purposes: 

(I) Fish production, including hatcheries. 

(II) Rehabilitation of recreational lakes and 

existing irrigation systems. 

(III) Water-related economic development 

projects. 

(IV) Protection, restoration, and economic 

development of forest and watershed health. 

Appropriations 

authorization. 


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(ii) EXISTING IRRIGATION SYSTEMS.—Of the 

amounts deposited in the Fund under subparagraph 

(B), not less than $4,950,000 shall be used for the 

rehabilitation of existing irrigation systems. 

(3) WMAT MAINTENANCE FUND.— (A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a fund to be known as 

the ‘‘WMAT Maintenance Fund’’, to be administered by 

the Secretary, consisting of the amounts deposited in the 

fund under subparagraph (B), together with any interest 

accrued on those amounts, for use by the Tribe in accordance with subparagraph (C). 

(B) MANDATORY APPROPRIATIONS.—Out of any funds 

in the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary $50,000,000 

for deposit in the WMAT Maintenance Fund. 

(C) USE OF FUNDS.—The Tribe shall use amounts in 

the WMAT Maintenance Fund only for the operation, 

maintenance, and replacement costs associated with the 

delivery of water through the WMAT rural water system. 

(4) ADMINISTRATION.—The Secretary shall manage the 

Funds in accordance with the American Indian Trust Fund 

Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 

including by investing amounts in the Funds in accordance 

with— 

(A) the Act of April 1, 1880 (25 U.S.C. 161); and 

(B) the first section of the Act of June 24, 1938 (25 

U.S.C. 162a). 

(5) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts in 

the Funds shall be available for expenditure or withdrawal 

only after the enforceability date and in accordance with subsection (f). 

(6) EXPENDITURE AND WITHDRAWAL.— 

(A) TRIBAL MANAGEMENT PLAN.— 

(i) IN GENERAL.—The Tribe may withdraw all or 

part of the amounts in the Funds on approval by 

the Secretary of a tribal management plan, as 

described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

(ii) REQUIREMENTS.—In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 

a tribal management plan under this subparagraph 

shall require the Tribe to use any amounts withdrawn 

from the Funds in accordance with paragraph (2)(C) 

or (3)(C), as applicable. 

(iii) ENFORCEMENT.—The Secretary may take 

judicial or administrative action to enforce the provisions of a tribal management plan described in clause 

(i) to ensure that any amounts withdrawn from the 

Funds under the tribal management plan are used 

in accordance with this title and the Agreement. 

(iv) LIABILITY.—If the Tribe exercises the right 

to withdraw amounts from the Funds, neither the Secretary nor the Secretary of the Treasury shall retain 

any liability for the expenditure or investment of the 

amounts. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3095 

(B) EXPENDITURE PLAN.— (i) IN GENERAL.—The Tribe shall submit to the 

Secretary for approval an expenditure plan for any 

portion of the amounts in the Funds that the Tribe 

does not withdraw under the tribal management plan. 

(ii) DESCRIPTION.—The expenditure plan shall 

describe the manner in which, and the purposes for 

which, amounts remaining in the Funds will be used. 

(iii) APPROVAL.—On receipt of an expenditure plan 

under clause (i), the Secretary shall approve the plan, 

if the Secretary determines that the plan is reasonable 

and consistent with this title and the Agreement. 

(iv) ANNUAL REPORT.—For each of the Funds, the 

Tribe shall submit to the Secretary an annual report 

that describes all expenditures from the Fund during 

the year covered by the report. 

(C) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED.— 

No amount in the Funds shall be distributed to any member 

of the Tribe on a per capita basis. 

(c) COST INDEXING.—All amounts made available under subsections (a), (b), and (e) shall be adjusted as necessary to reflect 

the changes since October 1, 2007, in the construction cost indices 

applicable to the types of construction involved in the construction 

of the WMAT rural water supply system, the maintenance of the 

rural water supply system, and the construction or rehabilitation 

of the other development projects described in subsection (b)(2)(C). 

(d) OPERATION, MAINTENANCE, AND REPLACEMENT.—Out of any 

funds in the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary $2,500,000 for the 

operation, maintenance, and replacement costs of the WMAT rural 

water system, to remain available until the conditions described 

in section 307(f) have been met. 

(e) COST OVERRUN SUBACCOUNT.— 

(1) ESTABLISHMENT.—There is established in the Lower 

Colorado River Basin Development Fund a subaccount to be 

known as the ‘‘WMAT Cost Overrun Subaccount’’, to be 

administered by the Secretary, consisting of the amounts deposited in the subaccount under paragraph (2), together with any 

interest accrued on those amounts, for use by the Secretary 

in accordance with paragraph (4). 

(2) MANDATORY APPROPRIATIONS; AUTHORIZATION OF APPROPRIATIONS.— 

(A) MANDATORY APPROPRIATIONS.—Out of any funds 

in the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary $24,000,000 

for deposit in the WMAT Cost Overrun Subaccount. 

(B) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated for deposit in the WMAT 

Cost Overrun Subaccount $11,000,000. 

(3) AVAILABILITY OF FUNDS.— 

(A) IN GENERAL.—Amounts in the WMAT Cost Overrun 

Subaccount shall not be available for expenditure by the 

Secretary until the enforceability date. 

(B) INVESTMENT.—The Secretary shall invest the 

amounts in the WMAT Cost Overrun Subaccount in accordance with section 403(f)(4) of the Colorado River Basin 

Project Act (43 U.S.C. 1543(f)(4)). 


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(C) USE OF INTEREST.—The interest accrued on the 

amounts invested under subparagraph (B) shall not be 

available for expenditure or withdrawal until the enforceability date. 

(4) USE OF COST OVERRUN SUBACCOUNT.— (A) INITIAL USE.—The Secretary shall use the amounts 

in the WMAT Cost Overrun Subaccount to complete the 

WMAT rural water system or to carry out activities relating 

to the operation, maintenance, or replacement of facilities 

of the WMAT rural water system, as applicable, if the 

Secretary determines that the amounts made available 

under subsections (a) and (d) will be insufficient in the 

period before title to the WMAT rural water system is 

conveyed to the Tribe— 

(i) to complete the WMAT rural water system; 

or 

(ii) to operate and maintain the WMAT rural water 

system. 

(B) TRANSFER OF FUNDS.—All unobligated amounts 

remaining in the Cost Overrun Subaccount on the date 

on which title to the WMAT rural water system is conveyed 

to the Tribe shall be— 

(i) returned to the general fund of the Treasury; 

and 

(ii) on an appropriation pursuant to subsection 

(b)(2)(B)(ii), deposited in the WMAT Settlement Fund 

and made available to the Tribe for use in accordance 

with subsection (b)(2)(C). 

(f) CONDITIONS.—The amounts made available to the Secretary 

for deposit in the WMAT Maintenance Fund, together with any 

interest accrued on those amounts under subsection (b)(3) and 

any interest accruing on the WMAT Settlement Fund under subsection (b)(2), shall not be available for expenditure or withdrawal 

until the WMAT rural water system is transferred to the Tribe 

under section 307(d)(2). 

(g) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled 

to receive, shall accept, and shall use to carry out this title the 

funds transferred under subsections (a), (b), (d), and (e), without 

further appropriation, to remain available until expended. 

SEC. 313. ANTIDEFICIENCY. 

The United States shall not be liable for failure to carry out 

any obligation or activity authorized to be carried out under this 

title (including any such obligation or activity under the Agreement) 

if adequate appropriations are not provided by Congress expressly 

to carry out the purposes of this title. 

SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

In implementing the Agreement and carrying out this title, 

the Secretary shall promptly comply with all applicable requirements of— 

(1) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); 

(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.); 

(3) all other applicable Federal environmental laws; and 

(4) all regulations promulgated under the laws described 

in paragraphs (1) through (3). 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3097 

TITLE IV—CROW TRIBE WATER RIGHTS 

SETTLEMENT 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Crow Tribe Water Rights Settlement Act of 2010’’. 

SEC. 402. PURPOSES. 

The purposes of this title are— 

(1) to achieve a fair, equitable, and final settlement of 

claims to water rights in the State of Montana for— 

(A) the Crow Tribe; and 

(B) the United States for the benefit of the Tribe and 

allottees; 

(2) to authorize, ratify, and confirm the Crow Tribe-Montana Water Rights Compact entered into by the Tribe and 

the State of Montana on June 22, 1999; 

(3) to authorize and direct the Secretary of the Interior— 

(A) to execute the Crow Tribe-Montana Water Rights 

Compact; and 

(B) to take any other action necessary to carry out 

the Compact in accordance with this title; and 

(4) to ensure the availability of funds necessary for the 

implementation of the Compact and this title. 

SEC. 403. DEFINITIONS. 

In this title: 

(1) ALLOTTEE.—The term ‘‘allottee’’ means any individual 

who holds a beneficial real property interest in an allotment 

of Indian land that is— 

(A) located within the Reservation or the ceded strip; 

and 

(B) held in trust by the United States. 

(2) CEDED STRIP.—The term ‘‘ceded strip’’ means the area 

identified as the ceded strip on the map included in appendix 

5 of the Compact. 

(3) CIP OM&R.—The term ‘‘CIP OM&R’’ means— 

(A) any recurring or ongoing activity associated with 

the day-to-day operation of the Crow Irrigation Project; 

(B) any activity relating to scheduled or unscheduled 

maintenance of the Crow Irrigation Project; and 

(C) any activity relating to replacement of a feature 

of the Crow Irrigation Project. 

(4) COMPACT.—The term ‘‘Compact’’ means the water rights 

compact between the Tribe and the State of Montana contained 

in section 85–20–901 of the Montana Code Annotated (2009) 

(including any exhibit, part, or amendment to the Compact). 

(5) CROW IRRIGATION PROJECT.— 

(A) IN GENERAL.—The term ‘‘Crow Irrigation Project’’ 

means the irrigation project— 

(i) authorized by section 31 of the Act of March 

3, 1891 (26 Stat. 1040); 

(ii) managed by the Secretary (acting through the 

Bureau of Indian Affairs); and 

(iii) consisting of the project units of— 

(I) Agency; 

Crow Tribe 

Water Rights 

Settlement Act 

of 2010. 

Montana. 

31 USC 1101 

note. 


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(II) Bighorn; 

(III) Forty Mile; 

(IV) Lodge Grass #1; 

(V) Lodge Grass #2; 

(VI) Pryor; 

(VII) Reno; 

(VIII) Soap Creek; and 

(IX) Upper Little Horn. 

(B) INCLUSION.—The term ‘‘Crow Irrigation Project’’ 

includes land held in trust by the United States for the 

Tribe and the allottees in the Bozeman Trail and Two 

Leggins irrigation districts. 

(6) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 

means the date on which the Secretary publishes in the Federal 

Register the statement of findings described in section 410(e). 

(7) FINAL.—The term ‘‘final’’ with reference to approval 

of the decree described in section 410(e)(1)(A), means— 

(A) completion of any direct appeal to the Montana 

Supreme Court of a decree by the Montana Water Court 

pursuant to section 85–2–235 of the Montana Code Annotated (2009), including the expiration of time for filing 

of any such appeal; or 

(B) completion of any appeal to the appropriate United 

States Court of Appeals, including the expiration of time 

in which a petition for certiorari may be filed in the United 

States Supreme Court, denial of such petition, or issuance 

of a final judgment of the United States Supreme Court, 

whichever occurs last. 

(8) FUND.—The term ‘‘Fund’’ means the Crow Settlement 

Fund established by section 411. 

(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(10) JOINT STIPULATION OF SETTLEMENT.—The term ‘‘joint 

stipulation of settlement’’ means the joint stipulation of settlement relating to the civil action styled Crow Tribe of Indians 

v. Norton, No. 02–284 (D.D.C. 2006). 

(11) MR&I SYSTEM.— 

(A) IN GENERAL.—The term ‘‘MR&I System’’ means 

the municipal, rural, and industrial water system of the 

Reservation, generally described in the document entitled 

‘‘Crow Indian Reservation Municipal, Rural and Industrial 

Water System Engineering Report’’ prepared by DOWL 

HKM, and dated July 2008 and updated in a status report 

prepared by DOWL HKM dated December 2009. 

(B) INCLUSIONS.—The term ‘‘MR&I System’’ includes— 

(i) the raw water intake, water treatment plant, 

pipelines, storage tanks, pumping stations, pressurereducing valves, electrical transmission facilities, and 

other items (including real property and easements 

necessary to deliver potable water to the Reservation) 

appurtenant to the system described in subparagraph 

(A); and 

(ii) in descending order of construction priority— 

(I) the Bighorn River Valley Subsystem; 

(II) the Little Bighorn River Valley Subsystem; 

and 


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(III) Pryor Extension. 

(12) MR&I SYSTEM OM&R.—The term ‘‘MR&I System 

OM&R’’ means— 

(A) any recurring or ongoing activity associated with 

the day-to-day operation of the MR&I System; 

(B) any activity relating to scheduled or unscheduled 

maintenance of the MR&I System; and 

(C) any activity relating to replacement of project features of the MR&I System. 

(13) RESERVATION.—The term ‘‘Reservation’’ means the 

area identified as the Reservation on the map in appendix 

4 of the Compact. 

(14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(15) TRIBAL COMPACT ADMINISTRATION.—The term ‘‘Tribal 

Compact Administration’’ means any activity relating to— 

(A) the development or enactment by the Tribe of the 

tribal water code; 

(B) establishment by the Tribe of a water resources 

department; and 

(C) the operation by the Tribe of that water resources 

department (or a successor agency) during the 10-year 

period beginning on the date of establishment of the department. 

(16) TRIBAL WATER CODE.—The term ‘‘tribal water code’’ 

means a water code adopted by the Tribe in accordance with 

section 407(f). 

(17) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 

means— 

(A) the water rights of the Tribe described in article 

III of the Compact; and 

(B) the water rights provided to the Tribe under section 

408. 

(18) TRIBE.—The term ‘‘Tribe’’ means the Crow Tribe of 

Indians of the State of Montana on behalf of itself and its 

members (but not its members in their capacities as allottees). 

SEC. 404. RATIFICATION OF COMPACT. 

(a) RATIFICATION OF COMPACT.— 

(1) IN GENERAL.—Except as modified by this title, and 

to the extent the Compact does not conflict with this title, 

the Compact is authorized, ratified, and confirmed. 

(2) AMENDMENTS TO COMPACT.—If amendments are 

executed to make the Compact consistent with this title, those 

amendments are also authorized, ratified, and confirmed to 

the extent such amendments are consistent with this title. 

(b) EXECUTION OF COMPACT.— 

(1) IN GENERAL.—To the extent that the Compact does 

not conflict with this title, the Secretary is directed to and 

shall promptly execute the Compact, including all exhibits to 

or parts of the Compact requiring the signature of the Secretary. 

(2) MODIFICATIONS.—Nothing in this title precludes the 

Secretary from approving modifications to appendices or 

exhibits to the Compact not inconsistent with this title, to 


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the extent such modifications do not otherwise require Congressional approval pursuant to section 2116 of the Revised Statutes 

(25 U.S.C. 177) or other applicable Federal law. 

(c) ENVIRONMENTAL COMPLIANCE.— (1) IN GENERAL.—In implementing the Compact, the Secretary shall promptly comply with all applicable aspects of 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.), and all other applicable environmental Acts and regulations. 

(2) EXECUTION OF THE COMPACT.— (A) IN GENERAL.—Execution of the Compact 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) COMPLIANCE.—The Secretary shall carry out all 

Federal compliance activities necessary to implement the 

Compact. 

SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION 

PROJECT. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

and without altering applicable law (including regulations) under 

which the Bureau of Indian Affairs collects assessments and carries 

out CIP OM&R, other than the rehabilitation and improvement 

carried out under this section, the Secretary, acting through the 

Commissioner of Reclamation, shall carry out such activities as 

are necessary to rehabilitate and improve the water diversion and 

delivery features of the Crow Irrigation Project, in accordance with 

an agreement to be negotiated between the Secretary and the 

Tribe. 

(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 

as the lead agency with respect to any activity to rehabilitate 

or improve the water diversion or delivery features of the Crow 

Irrigation Project. 

(c) SCOPE.— 

(1) IN GENERAL.—The scope of the rehabilitation and 

improvement under this section shall be as generally described 

in the document entitled ‘‘Engineering Evaluation of Existing 

Conditions, Crow Agency Rehabilitation Study’’ prepared by 

DOWL HKM, and dated August 2007 and updated in a status 

report dated December 2009 by DOWL HKM, on the condition 

that prior to beginning construction activities, the Secretary 

shall review the design of the proposed rehabilitation or 

improvement and perform value engineering analyses. 

(2) NEGOTIATION WITH TRIBE.—On the basis of the review 

described in paragraph (1), the Secretary shall negotiate with 

the Tribe appropriate changes to the final design so that the 

final design meets applicable industry standards, as well as 

changes, if any, that would improve the cost-effectiveness of 

the delivery of irrigation water and take into consideration 

the equitable distribution of water to allottees. 

(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(e) FUNDING.—The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $131,843,000, 

except that the total amount of $131,843,000 shall be increased 

Review. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3101 

or decreased, as appropriate, based on ordinary fluctuations from 

May 1, 2008, in construction cost indices applicable to the types 

of construction involved in the rehabilitation and improvement. 

(f) TRIBAL IMPLEMENTATION AGREEMENT.— 

(1) IN GENERAL.—At the request of the Tribe, in accordance 

with applicable Federal law, the Secretary shall enter into 

1 or more agreements with the Tribe to implement the provisions of this section by which the Tribe shall plan, design, 

and construct any or all of the rehabilitation and improvement 

required by this section. 

(2) OVERSIGHT COSTS.—The Bureau of Reclamation and 

the Tribe shall negotiate the cost of any oversight activities 

carried out by the Bureau of Reclamation for each agreement 

under this section, provided that the total cost for that oversight 

shall not exceed 4 percent of the total project costs. 

(g) ACQUISITION OF LAND.— 

(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 

(A) IN GENERAL.—Upon request, and in partial consideration for the funding provided under section 414(a), the 

Tribe shall consent to the grant of such easements and 

rights-of-way over tribal land as may be necessary for 

the rehabilitation and improvement of the Crow Irrigation 

Project authorized by this section at no cost to the United 

States. 

(B) JURISDICTION.—The Tribe shall retain criminal and 

civil jurisdiction over any lands that were subject to tribal 

jurisdiction prior to the granting of an easement or rightof-way in connection with the rehabilitation and improvement of the Crow Irrigation Project. 

(2) USER EASEMENTS AND RIGHTS-OF-WAY.—In partial 

consideration of the rehabilitation and improvement of the Crow 

Irrigation Project authorized by this section and as a condition 

of continued service from the Crow Irrigation Project after 

the enforceability date, any water user of the Crow Irrigation 

Project shall consent to the grant of such easements and rightsof-way as may be necessary for the rehabilitation and improvements authorized under this section at no cost to the Secretary. 

(3) LAND ACQUIRED BY THE UNITED STATES.—Land acquired 

by the United States in connection with rehabilitation and 

improvement of the Crow Irrigation Project authorized by this 

section shall be held in trust by the United States on behalf 

of the Tribe as part of the Reservation of the Tribe. 

(h) PROJECT MANAGEMENT COMMITTEE.—The Secretary shall 

facilitate the formation of a project management committee composed of representatives from the Bureau of Reclamation, the 

Bureau of Indian Affairs, and the Tribe— 

(1) to review cost factors and budgets for construction, 

operation, and maintenance activities relating to the Crow 

Irrigation Project; 

(2) to improve management of inherently governmental 

activities through enhanced communication; and 

(3) to seek additional ways to reduce overall costs for 

the rehabilitation and improvement of the Crow Irrigation 

Project. 

Establishment. 


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SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

(a) IN GENERAL.—The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the water 

diversion and delivery features of the MR&I System, in accordance 

with 1 or more agreements between the Secretary and the Tribe. 

(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 

as the lead agency with respect to any activity to design and 

construct the water diversion and delivery features of the MR&I 

System. 

(c) SCOPE.— (1) IN GENERAL.—The scope of the design and construction 

under this section shall be as generally described in the document entitled ‘‘Crow Indian Reservation Municipal, Rural and 

Industrial Water System Engineering Report’’ prepared by 

DOWL HKM, and dated July 2008 and updated in a status 

report dated December 2009 by DOWL HKM, on the condition 

that prior to beginning construction activities, the Secretary 

shall review the design of the proposed MR&I System and 

perform value engineering analyses. 

(2) NEGOTIATION WITH TRIBE.—On the basis of the review 

described in paragraph (1), the Secretary shall negotiate with 

the Tribe appropriate changes to the final design so that the 

final design meets applicable industry standards, as well as 

changes, if any, that would improve the cost-effectiveness of 

the delivery of MR&I System water and take into consideration 

the equitable distribution of water to allottees. 

(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(e) FUNDING.—The total amount of obligations incurred by the 

Secretary in carrying out this section shall not exceed $246,381,000, 

except that the total amount of $246,381,000 shall be increased 

or decreased, as appropriate, based on ordinary fluctuations from 

May 1, 2008, in construction cost indices applicable to the types 

of construction involved in the design and construction of the MR&I 

System. 

(f) TRIBAL IMPLEMENTATION AGREEMENT.— 

(1) IN GENERAL.—At the request of the Tribe, in accordance 

with applicable Federal law, the Secretary shall enter into 

1 or more agreements with the Tribe to implement the provisions of this section by which the Tribe shall plan, design, 

and construct any or all of the rehabilitation and improvement 

required by this section. 

(2) OVERSIGHT COSTS.—The Bureau of Reclamation and 

the Tribe shall negotiate the cost of any oversight activities 

carried out by the Bureau of Reclamation for each agreement 

under this section, provided that the total cost for that oversight 

shall not exceed 4 percent of the total project costs. 

(g) ACQUISITION OF LAND.— 

(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 

(A) IN GENERAL.—Upon request, and in partial consideration for the funding provided under section 414(b), the 

Tribe shall consent to the grant of such easements and 

rights-of-way over tribal land as may be necessary for 

the construction of the MR&I System authorized by this 

section at no cost to the United States. 

(B) JURISDICTION.—The Tribe shall retain criminal and 

civil jurisdiction over any lands that were subject to tribal 

Review. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3103 

jurisdiction prior to the granting of an easement or rightof-way in connection with the construction of the MR&I 

System. 

(2) LAND ACQUIRED BY THE UNITED STATES.—Land acquired 

by the United States in connection with the construction of 

the MR&I System authorized by this section shall be held 

in trust by the United States on behalf of the Tribe as part 

of the Reservation of the Tribe. 

(h) CONVEYANCE OF TITLE TO MR&I SYSTEM FACILITIES.—— 

(1) IN GENERAL.—The Secretary shall convey title to each 

MR&I System facility or section of a MR&I System facility 

authorized under subsection (a) to the Tribe after completion 

of construction of a MR&I System facility or a section of a 

MR&I System facility that is operating and delivering water. 

(2) LIABILITY.— 

(A) IN GENERAL.—Effective on the date of the conveyance authorized by this subsection, the United States shall 

not be held liable by any court for damages of any kind 

arising out of any act, omission, or occurrence relating 

to the land, buildings, or facilities conveyed under this 

subsection, other than damages caused by acts of negligence 

committed by the United States, or by employees or agents 

of the United States, prior to the date of conveyance. 

(B) TORT CLAIMS.—Nothing in this section increases 

the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’). 

(3) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 

days before the date of a proposed conveyance of title to any 

MR&I System facility, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives 

and to the Committee on Energy and Natural Resources of 

the Senate notice of the conveyance of each such MR&I System 

facility or section of a MR&I System facility. 

(4) MR&I SYSTEM OM&R OBLIGATION OF THE FEDERAL

GOVERNMENT AFTER CONVEYANCE.—The Federal Government 

shall have no obligation to pay for the operation, maintenance, 

or replacement costs of the MR&I System beginning on the 

date on which— 

(A) title to any MR&I System facility or section of 

a MR&I System facility under this subsection is conveyed 

to the Tribe; and 

(B) the amounts required to be deposited in the MR&I 

System OM&R Account pursuant to section 411 have been 

deposited in that account. 

(i) AUTHORITY OF TRIBE.—Upon transfer of title to the MR&I 

System or any section of a MR&I System facility to the Tribe 

in accordance with subsection (h), the Tribe is authorized to collect 

water use charges from customers of the MR&I System to cover— 

(1) MR&I System OM&R costs; and 

(2) any other costs relating to the construction and operation of the MR&I System. 

(j) ALIENATION AND TAXATION.—Conveyance of title to the Tribe 

pursuant to subsection (h) does not waive or alter any applicable 

Federal law prohibiting alienation or taxation of the MR&I System 

or the underlying Reservation land. 

Deadline. 

Effective date. 


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(k) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to prepare the Tribe for operation of the MR&I 

System, including operation and management training. 

(l) PROJECT MANAGEMENT COMMITTEE.—The Secretary shall 

facilitate the formation of a project management committee composed of representatives from the Bureau of Reclamation, the 

Bureau of Indian Affairs, and the Tribe— 

(1) to review cost factors and budgets for construction, 

operation and maintenance activities for the MR&I System; 

(2) to improve management of inherently governmental 

activities through enhanced communication; and 

(3) to seek additional ways to reduce overall costs for 

the MR&I System. 

(m) NON-FEDERAL CONTRIBUTION.— (1) IN GENERAL.—Prior to completion of the final design 

of the MR&I System required by subsection (c), the Secretary 

shall consult with the Tribe, the State of Montana, and other 

affected non-Federal parties to discuss the possibility of 

receiving non-Federal contributions to the cost of the MR&I 

System. 

(2) NEGOTIATIONS.—If, based on the extent to which nonFederal parties are expected to use the MR&I System, a nonFederal contribution to the MR&I System is determined by 

the parties described in paragraph (1) to be appropriate, the 

Secretary shall initiate negotiations for an agreement on the 

means by which such contributions may be provided. 

SEC. 407. TRIBAL WATER RIGHTS. 

(a) INTENT OF CONGRESS.—It is the intent of Congress to provide to each allottee benefits that are equivalent to or exceed 

the benefits allottees possess as of the date of enactment of this 

Act, taking into consideration— 

(1) the potential risks, cost, and time delay associated 

with litigation that would be resolved by the Compact and 

this title; 

(2) the availability of funding under this title and from 

other sources; 

(3) the availability of water from the tribal water rights; 

and 

(4) the applicability of section 7 of the Act of February 

8, 1887 (25 U.S.C. 381) and this title to protect the interests 

of allottees. 

(b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

(1) IN GENERAL.—The tribal water rights are ratified, confirmed, and declared to be valid. 

(2) USE.—Use of the tribal water rights shall be subject 

to the terms and conditions established by the Compact. 

(c) HOLDING IN TRUST.—The tribal water rights— 

(1) shall be held in trust by the United States for the 

use and benefit of the Tribe and the allottees in accordance 

with this section; and 

(2) shall not be subject to forfeiture or abandonment. 

(d) ALLOTTEES.— 

(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 

381), relating to the use of water for irrigation purposes shall 

apply to the tribal water rights. 

Consultation. 

Establishment. 


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(2) ENTITLEMENT TO WATER.—Any entitlement to water 

of an allottee under Federal law shall be satisfied from the 

tribal water rights. 

(3) ALLOCATIONS.—Allottees shall be entitled to a just and 

equitable allocation of water for irrigation purposes. 

(4) EXHAUSTION OF REMEDIES.—Before asserting any claim 

against the United States under section 7 of the Act of February 

8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee 

shall exhaust remedies available under the tribal water code 

or other applicable tribal law. 

(5) CLAIMS.—Following exhaustion of remedies available 

under the tribal water code or other applicable tribal law, 

an allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law. 

(6) AUTHORITY.—The Secretary shall have the authority 

to protect the rights of allottees as specified in this section. 

(e) AUTHORITY OF TRIBE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Tribe shall have authority to allocate, distribute, and lease 

the tribal water rights— 

(A) in accordance with the Compact; and 

(B) subject to approval of the Secretary of the tribal 

water code under subsection (f)(3)(B). 

(2) LEASES BY ALLOTTEES.—Notwithstanding paragraph (1), 

an allottee may lease any interest in land held by the allottee, 

together with any water right determined to be appurtenant 

to the interest in land. 

(f) TRIBAL WATER CODE.— 

(1) IN GENERAL.—Notwithstanding the time period set forth 

in article IV(A)(2)(b) of the Compact, not later than 3 years 

after the date on which the Tribe ratifies the Compact as 

set forth in section 410(e)(1)(E), the Tribe shall enact a tribal 

water code, that provides for— 

(A) the management, regulation, and governance of 

all uses of the tribal water rights in accordance with the 

Compact; and 

(B) establishment by the Tribe of conditions, permit 

requirements, and other limitations relating to the storage, 

recovery, and use of the tribal water rights in accordance 

with the Compact. 

(2) INCLUSIONS.—Subject to the approval of the Secretary, 

the tribal water code shall provide that— 

(A) tribal allocations of water to allottees shall be 

satisfied with water from the tribal water rights; 

(B) charges for delivery of water for irrigation purposes 

for allottees shall be assessed on a just and equitable 

basis; 

(C) there is a process by which an allottee may request 

that the Tribe provide water for irrigation use in accordance 

with this title; 

(D) there is a due process system for the consideration 

and determination by the Tribe of any request by an 

allottee, or any successor in interest to an allottee, for 

an allocation of such water for irrigation purposes on 

allotted land, including a process for— 

(i) appeal and adjudication of any denied or disputed distribution of water; and 

Deadline. 


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(ii) resolution of any contested administrative decision; and 

(E) there is a requirement that any allottee with a 

claim relating to the enforcement of rights of the allottee 

under the tribal water code or relating to the amount 

of water allocated to land of the allottee must first exhaust 

remedies available to the allottee under tribal law and 

the tribal water code before initiating an action against 

the United States or petitioning the Secretary pursuant 

to subsection (d)(6). 

(3) ACTION BY SECRETARY.— (A) IN GENERAL.—The Secretary shall administer the 

tribal water rights until the tribal water code is enacted 

in accordance with paragraph (1) and those provisions 

requiring approval pursuant to paragraph (2). 

(B) APPROVAL.—The tribal water code shall not be 

valid unless— 

(i) the provisions of the tribal water code required 

by paragraph (2) are approved by the Secretary; and 

(ii) each amendment to the tribal water code that 

affects a right of an allottee is approved by the Secretary. 

(C) APPROVAL PERIOD.—The Secretary shall approve 

or disapprove the tribal water code within a reasonable 

period of time after the date on which the Tribe submits 

it to the Secretary. 

(g) EFFECT.—Except as otherwise specifically provided in this 

section, nothing in this title— 

(1) authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, 

tribal, or local law; or 

(2) alters or affects the status of any action pursuant to 

section 1491(a) of title 28, United States Code. 

SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE. 

(a) STORAGE ALLOCATION TO TRIBE.— 

(1) IN GENERAL.—As described in and subject to article 

III(A)(1)(b) of the Compact, the Secretary shall allocate to the 

Tribe 300,000 acre-feet per year of water stored in Bighorn 

Lake, Yellowtail Unit, Lower Bighorn Division, Pick Sloan Missouri Basin Program, Montana, under a water right held by 

the United States and managed by the Bureau of Reclamation, 

as measured at the outlet works of Yellowtail Dam, including— 

(A) not more than 150,000 acre-feet per year of the 

allocation, which may be used in addition to the natural 

flow right described in article III(A)(1)(a) of the Compact; 

and 

(B) 150,000 acre-feet per year of the allocation, which 

may be used only as supplemental water for the natural 

flow right described in article III(A)(1)(a) of the Compact 

for use in times of natural flow shortage. 

(2) TREATMENT.— 

(A) IN GENERAL.—The allocation under paragraph (1) 

shall be considered to be part of the tribal water rights. 

(B) PRIORITY DATE.—The priority date of the allocation 

under paragraph (1) shall be the priority date of the water 

right held by the Bureau of Reclamation. 


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(C) ADMINISTRATION.— (i) IN GENERAL.—The Tribe shall administer the 

water allocated under paragraph (1) in accordance with 

the Compact. 

(ii) TEMPORARY TRANSFER.—In accordance with 

subsection (c), the Tribe may temporarily transfer by 

service contract, lease, exchange, or other agreement, 

not more than 50,000 acre-feet of water allocated under 

paragraph (1)(A) off the Reservation, subject to the 

approval of the Secretary and the requirements of the 

Compact. 

(b) ALLOCATION AGREEMENT.— (1) IN GENERAL.—As a condition of receiving an allocation 

under this section, the Tribe shall enter into an allocation 

agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the terms and conditions of the Compact and this title. 

(2) INCLUSIONS.—The allocation agreement under paragraph (1) shall include, among other things, a provision that— 

(A) the agreement is without limit as to term; 

(B) the Tribe, and not the United States, shall be 

entitled to all consideration due to the Tribe under any 

lease, contract, or agreement the Tribe may enter into 

pursuant to the authority in subsection (c); 

(C) the United States shall have no trust obligation 

or other obligation to monitor, administer, or account for— 

(i) any funds received by the Tribe as consideration 

under any lease, contract, or agreement the Tribe may 

enter into pursuant to the authority in subsection (c); 

or 

(ii) the expenditure of such funds; 

(D) if the facilities at Yellowtail Dam are significantly 

reduced or are anticipated to be significantly reduced for 

an extended period of time, the Tribe shall have the same 

storage rights as other storage contractors with respect 

to the allocation under this section; 

(E) the costs associated with the construction of the 

storage facilities at Yellowtail Dam allocable to the Tribe— 

(i) shall be nonreimbursable; and 

(ii) shall be excluded from any repayment obligation of the Tribe; 

(F) no water service capital charges shall be due or 

payable for any water allocated to the Tribe pursuant to 

this title and the allocation agreement, regardless of 

whether that water is delivered for use by the Tribe or 

is delivered under any leases, contracts, or agreements 

the Tribe may enter into pursuant to the authority in 

subsection (c); 

(G) the Tribe shall not be required to make payments 

to the United States for any water allocated to the Tribe 

pursuant to this title and the allocation agreement except 

for each acre-foot of stored water leased or sold for industrial purposes; and 

(H) for each acre-foot of stored water leased or sold 

by the Tribe for industrial purposes— 

(i) the Tribe shall pay annually to the United 

States an amount to cover the proportionate share 

Payment. 


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of the annual operation, maintenance, and replacement 

costs for the Yellowtail Unit allocable to the amount 

of water for industrial purposes leased or sold by the 

Tribe; and 

(ii) the annual payments of the Tribe shall be 

reviewed and adjusted, as appropriate, to reflect the 

actual operation, maintenance, and replacement costs 

for the Yellowtail Unit. 

(c) TEMPORARY TRANSFER FOR USE OFF RESERVATION.— (1) IN GENERAL.—Notwithstanding any other provision of 

statutory or common law and subject to paragraph (2), on 

approval of the Secretary and subject to the terms and conditions of the Compact, the Tribe may enter into a service contract, lease, exchange, or other agreement providing for the 

temporary delivery, use, or transfer of not more than 50,000 

acre-feet per year of water allocated under subsection (a)(1)(A) 

for use off the Reservation. 

(2) REQUIREMENT.—An agreement under paragraph (1) 

shall not permanently alienate any portion of the water allocated under subsection (a)(1)(A). 

(d) REMAINING STORAGE.— 

(1) IN GENERAL.—As of the date of enactment of this Act, 

water in Bighorn Lake shall be considered to be fully allocated 

and no further storage allocations shall be made by the Secretary. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

prevents the Secretary from— 

(A) renewing the storage contract with Pennsylvania 

Power and Light Company consistent with the allocation 

to Pennsylvania Power and Light Company in existence 

on the date of enactment of this Act; or 

(B) entering into future agreements with either the 

Northern Cheyenne Tribe or the Crow Tribe facilitating 

either tribe’s use of its respective allocation of water from 

Bighorn Lake. 

SEC. 409. SATISFACTION OF CLAIMS. 

(a) IN GENERAL.— 

(1) SATISFACTION OF TRIBAL CLAIMS.—The benefits realized 

by the Tribe under this title shall be in complete replacement 

of and substitution for, and full satisfaction of, all claims of 

the Tribe against the United States under paragraphs (1) and 

(3) of section 410(a). 

(2) SATISFACTION OF ALLOTTEE CLAIMS.—The benefits 

realized by the allottees under this title shall be in complete 

replacement of and substitution for, and full satisfaction of— 

(A) all claims waived and released under section 

410(a)(2); and 

(B) any claims of the allottees against the United 

States that the allottees have or could have asserted that 

are similar in nature to those described in section 410(a)(3). 

(b) SATISFACTION OF CLAIMS RELATING TO CROW IRRIGATION

PROJECT.— 

(1) IN GENERAL.—Subject to paragraph (3), the funds made 

available under subsections (a) and (f) of section 414 shall 

be used to satisfy any claim of the Tribe or the allottees 

with respect to the appropriation of funds for the rehabilitation, 

Effective date. 


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expansion, improvement, repair, operation, or maintenance of 

the Crow Irrigation Project. 

(2) SATISFACTION OF CLAIMS.—Upon complete transfer of 

the funds described in subsections (a) and (f) of section 414 

any claim of the Tribe or the allottees with respect to the 

transfer of funds for the rehabilitation, expansion, improvement, repair, operation, or maintenance of the Crow Irrigation 

Project shall be deemed to have been satisfied. 

(3) EFFECT.—Except as provided in section 405, nothing 

in this title affects any applicable law (including regulations) 

under which the United States collects irrigation assessments 

from— 

(A) non-Indian users of the Crow Irrigation Project; 

and 

(B) the Tribe, tribal entities and instrumentalities, 

tribal members, allottees, and entities owned by the Tribe, 

tribal members, or allottees, to the extent that annual 

irrigation assessments on such tribal water users exceed 

the amount of funds available under section 411(e)(3)(D) 

for costs relating to CIP OM&R. 

(c) NO RECOGNITION OF WATER RIGHTS.—Notwithstanding subsection (a) and except as provided in section 407, nothing in this 

title recognizes or establishes any right of a member of the Tribe 

or an allottee to water within the Reservation or the ceded strip. 

SEC. 410. WAIVERS AND RELEASES OF CLAIMS. 

(a) IN GENERAL.— 

(1) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AND

THE UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE FOR

THE TRIBE.—Subject to the retention of rights set forth in 

subsection (c), in return for recognition of the tribal water 

rights and other benefits as set forth in the Compact and 

this title, the Tribe, on behalf of itself and the members of 

the Tribe (but not tribal members in their capacities as 

allottees), and the United States, acting as trustee for the 

Tribe and the members of the Tribe (but not tribal members 

in their capacities as allottees), are authorized and directed 

to execute a waiver and release of all claims for water rights 

within the State of Montana that the Tribe, or the United 

States acting as trustee for the Tribe, asserted, or could have 

asserted, in any proceeding, including the State of Montana 

stream adjudication, prior to and including the enforceability 

date, except to the extent that such rights are recognized in 

the Compact or this title. 

(2) WAIVER AND RELEASE OF CLAIMS BY THE UNITED STATES

ACTING IN ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.—Subject 

to the retention of rights set forth in subsection (c), in return 

for recognition of the water rights of the Tribe and other benefits as set forth in the Compact and this title, the United 

States, acting as trustee for allottees, is authorized and directed 

to execute a waiver and release of all claims for water rights 

within the Reservation and the ceded strip that the United 

States, acting as trustee for the allottees, asserted, or could 

have asserted, in any proceeding, including the State of Montana stream adjudication, prior to and including the enforceability date, except to the extent that such rights are recognized 

in the Compact or this title. 


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(3) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AGAINST

THE UNITED STATES.—Subject to the retention of rights set 

forth in subsection (c), the Tribe, on behalf of itself and the 

members of the Tribe (but not Tribal members in their capacities as allottees), is authorized to execute a waiver and release 

of— 

(A) all claims against the United States, including 

the agencies and employees of the United States, relating 

to claims for water rights within the State of Montana 

that the United States, acting as trustee for the Tribe, 

asserted, or could have asserted, in any proceeding, 

including the State of Montana stream adjudication, except 

to the extent that such rights are recognized as tribal 

water rights in this title, including all claims relating in 

any manner to the claims reserved against the United 

States or agencies or employees of the United States in 

section 4(e) of the joint stipulation of settlement; 

(B) all claims against the United States, including 

the agencies and employees of the United States, relating 

to damages, losses, or injuries to water, water rights, land, 

or natural resources due to loss of water or water rights 

(including damages, losses, or injuries to hunting, fishing, 

gathering, or cultural rights due to loss of water or water 

rights, claims relating to interference with, diversion or 

taking of water, or claims relating to failure to protect, 

acquire, replace, or develop water, water rights, or water 

infrastructure) within the State of Montana that first 

accrued at any time prior to and including the enforceability date, including all claims relating to the failure 

to establish or provide a municipal rural or industrial 

water delivery system on the Reservation and all claims 

relating to the failure to provide for, operate, or maintain 

the Crow Irrigation Project, or any other irrigation system 

or irrigation project on the Reservation; 

(C) all claims against the United States, including 

the agencies and employees of the United States, relating 

to the pending litigation of claims relating to the water 

rights of the Tribe in the State of Montana; 

(D) all claims against the United States, including 

the agencies and employees of the United States, relating 

to the negotiation, execution, or the adoption of the Compact (including exhibits) or this title; 

(E) subject to the retention of rights set forth in subsection (c), all claims for monetary damages against the 

United States that first accrued at any time prior to and 

including the enforceability date with respect to— 

(i) the failure to recognize or enforce the claim 

of the Tribe of title to land created by the movement 

of the Bighorn River; and 

(ii) the failure to make productive use of that 

land created by the movement of the Bighorn River 

to which the Tribe has claimed title; 

(F) all claims against the United States that first 

accrued at any time prior to and including the enforceability date arising from the taking or acquisition of the 

land of the Tribe or resources for the construction of the 

Yellowtail Dam; 


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(G) all claims against the United States that first 

accrued at any time prior to and including the enforceability date relating to the construction and operation of 

Yellowtail Dam and the management of Bighorn Lake; 

and 

(H) all claims that first accrued at any time prior 

to and including the enforceability date relating to the 

generation, or the lack thereof, of power from Yellowtail 

Dam. 

(b) EFFECTIVENESS OF WAIVERS AND RELEASES.—The waivers 

under subsection (a) shall take effect on the enforceability date. 

(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this title, 

the Tribe on behalf of itself and the members of the Tribe and 

the United States, acting as trustee for the Tribe and allottees, 

retain— 

(1) all claims for enforcement of the Compact, any final 

decree, or this title; 

(2) all rights to use and protect water rights acquired 

after the date of enactment of this Act; 

(3) all claims relating to activities affecting the quality 

of water, including any claims the Tribe may have under— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.), including for damages to natural resources; 

(B) the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.); 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); and 

(D) any regulations implementing the Acts described 

in subparagraphs (A) through (C); 

(4) all claims relating to damages, losses, or injuries to 

land or natural resources not due to loss of water or water 

rights (including hunting, fishing, gathering, or cultural rights); 

(5) all rights, remedies, privileges, immunities, and powers 

not specifically waived and released pursuant to this title or 

article VII(E) of the Compact; 

(6) all claims against any person or entity other than 

the United States, including claims for monetary damages, 

with respect to— 

(A) the claim of the Tribe of title to land created 

by the movement of the Bighorn River; and 

(B) the productive use of that land created by the 

movement of the Bighorn River to which the Tribe has 

claimed title; and 

(7) all claims that first accrued after the enforceability 

date with respect to claims otherwise waived in accordance 

with subparagraphs (B) and (E) through (H) of subsection (a)(3). 

(d) EFFECT OF COMPACT AND TITLE.—Nothing in the Compact 

or this title— 

(1) affects the ability of the United States, acting as sovereign, to take actions authorized by law, including any laws 

relating to health, safety, or the environment, including— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.); 


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(B) the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.); 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); and 

(D) any regulations implementing the Acts described 

in subparagraphs (A) through (C); 

(2) affects the ability of the United States to take actions 

acting as trustee for any other Indian tribe or allottee of any 

other Indian tribe; 

(3) confers jurisdiction on any State court— 

(A) to interpret Federal law regarding health, safety, 

or the environment; 

(B) to determine the duties of the United States or 

other parties pursuant to Federal law regarding health, 

safety, or the environment; or 

(C) to conduct judicial review of Federal agency action; 

(4) waives any claim of a member of the Tribe in an 

individual capacity that does not derive from a right of the 

Tribe; or 

(5) revives any claims waived by the Tribe in the joint 

stipulation of settlement. 

(e) ENFORCEABILITY DATE.— 

(1) IN GENERAL.—The enforceability date shall be the date 

on which the Secretary publishes in the Federal Register a 

statement of findings that— 

(A)(i) the Montana Water Court has issued a final 

judgment and decree approving the Compact; or 

(ii) if the Montana Water Court is found to lack jurisdiction, the district court of jurisdiction has approved the 

Compact as a consent decree and such approval is final; 

(B) all of the funds made available under subsections 

(c) through (f) of section 414 have been deposited in the 

Fund; 

(C) the Secretary has executed the agreements with 

the Tribe required by sections 405(a) and 406(a); 

(D) the State of Montana has appropriated and paid 

into an interest-bearing escrow account any payments due 

as of the date of enactment of this Act to the Tribe under 

the Compact; 

(E)(i) the Tribe has ratified the Compact by submitting 

this title and the Compact to a vote by the tribal membership for approval or disapproval; and 

(ii) the tribal membership has voted to approve this 

title and the Compact by a majority of votes cast on the 

day of the vote, as certified by the Secretary and the 

Tribe; 

(F) the Secretary has fulfilled the requirements of section 408(a); and 

(G) the waivers and releases authorized and set forth 

in subsection (a) have been executed by the Tribe and 

the Secretary. 

(f) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on the date on which 

Time period. 

Federal Register, 

publication. 


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the amounts made available to carry out this title are transferred to the Secretary. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(g) EXPIRATION AND TOLLING.—In the event that all appropriations authorized by this Act have not been made available to the 

Secretary by June 30, 2030— 

(1) the waivers authorized in this section shall expire and 

be of no further force or effect; and 

(2) all statutes of limitations applicable to any claim otherwise waived shall be tolled until June 30, 2030. 

(h) VOIDING OF WAIVERS.—If the waivers pursuant to this section are void under subsection (g)— 

(1) the United States’ approval of the Compact under section 404 shall no longer be effective; 

(2) any unexpended Federal funds appropriated or made 

available to carry out the activities authorized in this Act, 

together with any interest earned on those funds, and any 

water rights or contracts to use water and title to other property 

acquired or constructed with Federal funds appropriated or 

made available to carry out the activities authorized in this 

Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved 

by Congress; and 

(3) except for Federal funds used to acquire or develop 

property that is returned to the Federal Government under 

paragraph (2), the United States shall be entitled to set off 

any Federal funds appropriated or made available to carry 

out the activities authorized in this Act that were expended 

or withdrawn, together with any interest accrued, against any 

claims against the United States relating to water rights in 

the State of Montana asserted by the Tribe or in any future 

settlement of the water rights of the Crow Tribe. 

SEC. 411. CROW SETTLEMENT FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a fund to be known as ‘‘the Crow Settlement 

Fund’’, to be administered by the Secretary for the purpose of 

carrying out this title. 

(b) TRANSFERS TO FUND.—The Fund shall consist of such 

amounts as are deposited in the Fund under subsections (c) through 

(h) of section 414. 

(c) ACCOUNTS OF CROW SETTLEMENT FUND.—The Secretary 

shall establish in the Fund the following accounts: 

(1) The Tribal Compact Administration account, consisting 

of amounts made available pursuant to section 414(c). 

(2) The Energy Development Projects account, consisting 

of amounts made available pursuant to section 414(d). 

(3) The MR&I System OM&R Account, consisting of 

amounts made available pursuant to section 414(e). 

(4) The CIP OM&R Account, consisting of amounts made 

available pursuant to section 414(f). 

(d) DEPOSITS TO CROW SETTLEMENT FUND.— 


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(1) IN GENERAL.—The Secretary of the Treasury shall 

promptly deposit in the Fund any amounts appropriated for 

that purpose. 

(2) PRIORITY OF DEPOSITS TO ACCOUNTS.—Of the amounts 

appropriated for deposit in the Fund, the Secretary of the 

Treasury shall deposit amounts in the accounts listed in subsection (c)— 

(A) in full; and 

(B) in the order listed in subsection (c). 

(e) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Fund, 

make investments from the Fund, and make amounts available 

from the Fund for distribution to the Tribe consistent with 

the American Indian Trust Fund Management Reform Act of 

1994 (25 U.S.C. 4001 et seq.). 

(2) INVESTMENT OF CROW SETTLEMENT FUND.—Beginning 

on the enforceability date, the Secretary shall invest amounts 

in the Fund in accordance with— 

(A) the Act of April 1, 1880 (25 U.S.C. 161); 

(B) the first section of the Act of June 24, 1938 (25 

U.S.C. 162a); and 

(C) the obligations of Federal corporations and Federal 

Government-sponsored entities, the charter documents of 

which provide that the obligations of the entities are lawful 

investments for federally managed funds, including— 

(i) the obligations of the United States Postal 

Service described in section 2005 of title 39, United 

States Code; 

(ii) bonds and other obligations of the Tennessee 

Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n– 

4); 

(iii) mortgages, obligations, and other securities 

of the Federal Home Loan Mortgage Corporation 

described in section 303 of the Federal Home Loan 

Mortgage Corporation Act (12 U.S.C. 1452); and 

(iv) bonds, notes, and debentures of the Commodity 

Credit Corporation described in section 4 of the Act 

of March 8, 1938 (15 U.S.C. 713a–4). 

(3) DISTRIBUTIONS FROM CROW SETTLEMENT FUND.— 

(A) IN GENERAL.—Amounts from the Fund shall be 

used for each purpose described in subparagraphs (B) 

through (E). 

(B) TRIBAL COMPACT ADMINISTRATION ACCOUNT.—The 

Tribal Compact Administration account shall be used for 

expenditures by the Tribe for Tribal Compact Administration. 

(C) ENERGY DEVELOPMENT PROJECTS ACCOUNT.—The 

Energy Development Projects account shall be used for 

expenditures by the Tribe for the following types of energy 

development on the Reservation, the ceded strip, and land 

owned by the Tribe: 

(i) Development and marketing of power generation on the Yellowtail Afterbay Dam authorized in 

section 412(b). 

(ii) Development of clean coal conversion projects. 

Effective date. 


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(iii) Renewable energy projects other than the 

project described in clause (i). 

(D) CIP OM&R ACCOUNT.— 

(i) IN GENERAL.—Amounts in the CIP OM&R 

Account shall be used for CIP OM&R costs. 

(ii) REDUCTION OF COSTS TO TRIBAL WATER

USERS.— (I) IN GENERAL.—Subject to subclause (II), the 

funds described in clause (i) shall be used to reduce 

the CIP OM&R costs to all tribal water users 

on a proportional basis for a given year. 

(II) LIMITATION ON USE OF FUNDS.—Funds in 

the CIP OM&R Account shall be used to pay irrigation assessments only for the Tribe, tribal entities 

and instrumentalities, tribal members, allottees, 

and entities owned by the Tribe, tribal members, 

or allottees. 

(E) MR&I SYSTEM OM&R ACCOUNT.—Funds from the 

MR&I System OM&R Account shall be used to assist the 

Tribe in paying MR&I System OM&R costs. 

(4) WITHDRAWALS BY TRIBE.— 

(A) IN GENERAL.—The Tribe may withdraw any portion 

of amounts in the Fund on approval by the Secretary 

of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 

(25 U.S.C. 4001 et seq.). 

(B) REQUIREMENTS.— 

(i) IN GENERAL.—In addition to the requirements 

under the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 

management plan of the Tribe under subparagraph 

(A) shall require that the Tribe spend any amounts 

withdrawn from the Fund in accordance with this title. 

(ii) ENFORCEMENT.—The Secretary may carry out 

such judicial or administrative actions as the Secretary 

determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the 

Tribe from the Fund under this paragraph are used 

in accordance with this title. 

(C) LIABILITY.—The Secretary and the Secretary of the 

Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Fund by the Tribe 

under this paragraph. 

(D) EXPENDITURE PLAN.— 

(i) IN GENERAL.—For each fiscal year, the Tribe 

shall submit to the Secretary for approval an expenditure plan for any portion of the amounts described 

in subparagraph (A) that the Tribe elects not to withdraw under this paragraph during the fiscal year. 

(ii) INCLUSION.—An expenditure plan under clause 

(i) shall include a description of the manner in which, 

and the purposes for which, amounts of the Tribe 

remaining in the Fund will be used during subsequent 

fiscal years. 

(iii) APPROVAL.—On receipt of an expenditure plan 

under clause (i), the Secretary shall approve the plan 

if the Secretary determines that the plan is— 


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(I) reasonable; and 

(II) consistent with this title. 

(5) ANNUAL REPORTS.—The Tribe shall submit to the Secretary annual reports describing each expenditure by the Tribe 

of amounts in the Fund during the preceding calendar year. 

(6) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED.—No 

amount in the Fund shall be distributed to any member of 

the Tribe on a per capita basis. 

(f) AVAILABILITY.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

amounts in the Fund shall be available for use by the Secretary 

and withdrawal by the Tribe beginning on the enforceability 

date. 

(2) EXCEPTION.—The amounts made available under section 

414(c) shall be available for use by the Secretary and withdrawal by the Tribe beginning on the date on which the Tribe 

ratifies the Compact as provided in section 410(e)(1)(E). 

(g) STATE CONTRIBUTION.—The State of Montana contribution 

to the Fund shall be provided in accordance with article VI(A) 

of the Compact. 

(h) SEPARATE APPROPRIATIONS ACCOUNT.—Section 1105(a) of 

title 31, United States Code, is amended— 

(1) by redesignating paragraphs (35) and (36) as paragraphs 

(36) and (37), respectively; 

(2) by redesignating the second paragraph (33) (relating 

to obligational authority and outlays requested for homeland 

security) as paragraph (35); and 

(3) by adding at the end the following: 

‘‘(38) a separate statement for the Crow Settlement Fund 

established under section 411 of the Crow Tribe Water Rights 

Settlement Act of 2010, which shall include the estimated 

amount of deposits into the Fund, obligations, and outlays 

from the Fund.’’. 

SEC. 412. YELLOWTAIL DAM, MONTANA. 

(a) STREAMFLOW AND LAKE LEVEL MANAGEMENT PLAN.— 

(1) IN GENERAL.—Nothing in this title, the Compact, or 

the Streamflow and Lake Level Management Plan referred 

to in article III(A)(7) of the Compact— 

(A) limits the discretion of the Secretary under the 

section 4F of that plan; or 

(B) requires the Secretary to give priority to any factor 

described in section 4F of that plan over any other factor 

described in that section. 

(2) BIGHORN LAKE MANAGEMENT.—Bighorn Lake water 

management, including the Streamflow and Lake Level 

Management Plan, is a Federal activity, and the review and 

enforcement of any water management decisions relating to 

Bighorn Lake shall be as provided by Federal law. 

(3) APPLICABILITY OF PARAGRAPHS (1) AND (2).—The 

Streamflow and Lake Level Management Plan referred to in 

and part of the Compact shall be interpreted to clearly reflect 

paragraphs (1) and (2). 

(4) APPLICABILITY OF INSTREAM FLOW REQUIREMENTS IN

PLAN.—Notwithstanding any term (including any defined term) 

or provision in the Streamflow and Lake Level Management 

Plan, for purposes of this title, the Compact, and the Streamflow 


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and Lake Level Management Plan, any requirement in the 

Streamflow and Lake Level Management Plan that the Tribe 

dedicate a specified percentage, portion, or number of acrefeet of water per year of the tribal water rights to instream 

flow means (and is limited in meaning and effect to) an obligation on the part of the Tribe to withhold from development 

or otherwise refrain from diverting or removing from the Bighorn River the specified quantity of water for the duration, 

at the locations, and under the conditions set forth in the 

applicable requirement. 

(b) POWER GENERATION.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, the Tribe shall have the exclusive right to develop and 

market power generation on the Yellowtail Afterbay Dam, provided that this exclusive right shall expire 15 years after the 

date of enactment of this Act if construction has not been 

substantially completed on the power generation project of the 

Tribe. 

(2) BUREAU OF RECLAMATION COOPERATION.—The Bureau 

of Reclamation shall cooperate with the Tribe on the development of any power generation project under this subsection. 

(3) AGREEMENT.—Before construction of a power generation 

project under this subsection, the Tribe shall enter into an 

agreement with the Bureau of Reclamation that contains provisions that— 

(A) allocate the responsibilities for the design, construction, and operations of the project; 

(B) assure the compatibility of the power generation 

project with the operations of the Yellowtail Unit and the 

Yellowtail Afterbay Dam, which shall include entering into 

agreements— 

(i) regarding operating criteria and emergency 

procedures, as they relate to dam safety; and 

(ii) under which, should the Tribe propose any 

modifications to facilities owned by the Bureau of Reclamation, the proposed modifications shall be subject 

to review and approval by the Secretary, acting 

through the Bureau of Reclamation; 

(C) beginning 10 years after the date on which the 

Tribe begins marketing power generated from the 

Yellowtail Afterbay Dam, the Tribe shall make annual 

payments for operation, maintenance, and replacement 

costs in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for 

assessing operation, maintenance, and replacement 

charges, provided that such annual payments shall not 

exceed 3 percent of gross annual revenue produced by 

the sale of electricity generated by such project; and 

(D) the Secretary— 

(i) shall review the charges established in the 

agreement on the date that is 5 years after the date 

on which the Tribe makes the first payment described 

in subparagraph (C) to the Secretary under the agreement and at 5 year intervals thereafter; and 

(ii) may increase or decrease the charges in proportion to the amount of any increase or decrease in 

the costs of operation, maintenance, and replacement 

Review. 

Deadlines. 

Effective date. 

Payments. 

Expiration date. 


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for the Yellowtail Afterbay Dam, provided that any 

increase in operation, maintenance, and replacement 

costs assessed to the Tribe may not exceed— 

(I) 5 percent in any 5 year period; and 

(II) 3 percent of the gross annual revenue 

produced by the sale of electricity generated by 

such project. 

(4) USE OF POWER BY TRIBE.—Any hydroelectric power generated in accordance with this subsection shall be used or 

marketed by the Tribe. 

(5) REVENUES.—The Tribe shall retain any revenues from 

the sale of hydroelectric power generated by a project under 

this subsection. 

(6) LIABILITY OF UNITED STATES.—The United States shall 

have no trust obligation to monitor, administer, or account 

for— 

(A) the revenues received by the Tribe under this subsection; or 

(B) the expenditure of the revenues received by the 

Tribe under this subsection. 

(c) CONSULTATION WITH TRIBE.—The Bureau of Reclamation 

shall consult with the Tribe on at least a quarterly basis on all 

issues relating to the management of Yellowtail Dam by the Bureau 

of Reclamation. 

(d) AMENDMENTS TO COMPACT AND PLAN.—The provisions of 

subsection (a) apply to any amendment to— 

(1) the Compact; or 

(2) the Streamflow and Lake Level Management Plan. 

SEC. 413. MISCELLANEOUS PROVISIONS. 

(a) WAIVER OF SOVEREIGN IMMUNITY BY THE UNITED STATES.— 

Except as provided in subsections (a) through (c) of section 208 

of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 

666), nothing in this title waives the sovereign immunity of the 

United States. 

(b) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 

title quantifies or diminishes any land or water right, or any claim 

or entitlement to land or water, of an Indian tribe, band, or community other than the Tribe. 

(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 

to Indian land within the Reservation or the ceded strip— 

(1) the United States shall not submit against any Indianowned land located within the Reservation or the ceded strip 

any claim for reimbursement of the cost to the United States 

of carrying out this title and the Compact; and 

(2) no assessment of any Indian-owned land located within 

the Reservation or the ceded strip shall be made regarding 

that cost. 

(d) LIMITATION ON LIABILITY OF UNITED STATES.— 

(1) IN GENERAL.—The United States has no trust or other 

obligation— 

(A) to monitor, administer, or account for, in any 

manner, any funds provided to the Tribe by any party 

to the Compact other than the United States; or 

(B) to review or approve any expenditure of those 

funds. 

Applicability. 

Deadline. 


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(2) INDEMNIFICATION.—The Tribe shall indemnify the 

United States, and hold the United States harmless, with 

respect to all claims (including claims for takings or breach 

of trust) arising from the receipt or expenditure of amounts 

described in paragraph (1)(A). 

(e) EFFECT ON CURRENT LAW.—Nothing in this section affects 

any provision of law (including regulations) in effect on the day 

before the date of enactment of this Act with respect to 

preenforcement review of any Federal environmental enforcement 

action. 

(f) LIMITATIONS ON EFFECT.— 

(1) IN GENERAL.—Nothing in this title, the Compact, or 

the Streamflow and Lake Level Management Plan referred 

to in article III(A)(7) of the Compact— 

(A) limits, expands, alters, or otherwise affects— 

(i) the meaning, interpretation, implementation, 

application, or effect of any article, provision, or term 

of the Yellowstone River Compact; 

(ii) any right, requirement, or obligation under 

the Yellowstone River Compact; 

(iii) any allocation (or manner of determining any 

allocation) of water under the Yellowstone River Compact; or 

(iv) any present or future claim, defense, or other 

position asserted in any legal, administrative, or other 

proceeding arising under or relating to the Yellowstone 

River Compact (including the original proceeding 

between the State of Montana and the State of 

Wyoming pending as of the date of enactment of this 

Act before the United States Supreme Court); 

(B) makes an allocation or apportionment of water 

between or among States; 

(C) addresses or implies whether, how, or to what 

extent (if any)— 

(i) the tribal water rights, or any portion of the 

tribal water rights, should be accounted for as part 

of or otherwise charged against any allocation of water 

made to a State under the provisions of the Yellowstone 

River Compact; or 

(ii) the Yellowstone River Compact includes the 

tribal water rights or the water right of any Indian 

tribe as part of any allocation or other disposition 

of water under that compact; or 

(D) waives the sovereign immunity from suit of any 

State under the Eleventh Amendment to the Constitution 

of the United States, except as expressly authorized in 

Article IV(F)(8) of the Compact. 

(2) EFFECT OF CERTAIN PROVISIONS IN COMPACT.—The provisions in paragraphs (1) and (2) of article III (A)(6)(a), paragraphs (1) and (2) of article III(B)(6)(a), paragraphs (1) and 

(2) of article III(E)(6)(a), and paragraphs (1) and (2) of article 

III (F)(6)(a) of the Compact that provide protections to certain 

water rights recognized under the laws of the State of Montana 

do not affect in any way, either directly or indirectly, existing 

or future water rights (including the exercise of any such rights) 

outside of the State of Montana. 


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(g) EFFECT ON RECLAMATION LAW.—The activities carried out 

by the Bureau of Reclamation under this title shall not establish 

a precedent or impact the authority provided under any other 

provision of Federal reclamation law, including— 

(1) the Rural Supply Act of 2006 (Public Law 109–451; 

120 Stat. 3345); and 

(2) the Omnibus Public Land Management Act of 2009 

(Public Law 111–11; 123 Stat. 991). 

SEC. 414. FUNDING. 

(a) REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION

PROJECT.— 

(1) MANDATORY APPROPRIATION.—Out of any funds in the 

Treasury not otherwise appropriated, the Secretary of the 

Treasury shall transfer to the Secretary $73,843,000, adjusted 

to reflect changes since May 1, 2008, in construction cost indices 

applicable to the types of construction involved in the rehabilitation and improvement of the Crow Irrigation Project, for the 

rehabilitation and improvement of the Crow Irrigation Project. 

(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

amount made available under paragraph (1), there is authorized 

to be appropriated to the Secretary for the rehabilitation and 

improvement of the Crow Irrigation Project $58,000,000, 

adjusted to reflect changes since May 1, 2008, in construction 

cost indices applicable to the types of construction involved 

in the rehabilitation and improvement of the Crow Irrigation 

Project. 

(b) DESIGN AND CONSTRUCTION OF MR&I SYSTEM.— 

(1) MANDATORY APPROPRIATION.—Out of any funds in the 

Treasury not otherwise appropriated, the Secretary of the 

Treasury shall transfer to the Secretary $146,000,000, adjusted 

to reflect changes since May 1, 2008, in construction cost indices 

applicable to the types of construction involved in the design 

and construction of the MR&I System, for the design and 

construction of the MR&I System. 

(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

amount made available under paragraph (1), there is authorized 

to be appropriated to the Secretary for the design and construction of the MR&I System $100,381,000, adjusted to reflect 

changes since May 1, 2008, in construction cost indices 

applicable to the types of construction involved in the design 

and construction of the MR&I System. 

(c) TRIBAL COMPACT ADMINISTRATION.—Out of any funds in 

the Treasury not otherwise appropriated, the Secretary of the 

Treasury shall transfer to the Secretary $4,776,000, adjusted to 

reflect changes in appropriate cost indices during the period beginning on the date of enactment of this Act and ending on the 

date of the transfer, for Tribal Compact Administration. 

(d) ENERGY DEVELOPMENT PROJECTS.—Out of any funds in 

the Treasury not otherwise appropriated, the Secretary of the 

Treasury shall transfer to the Secretary $20,000,000, adjusted to 

reflect changes in appropriate cost indices during the period beginning on the date of enactment of this Act and ending on the 

date of the transfer, for Energy Development Projects as set forth 

in section 411(e)(3)(C). 

(e) MR&I SYSTEM OM&R.—Out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 


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transfer to the Secretary $47,000,000, adjusted to reflect changes 

in appropriate cost indices during the period beginning on the 

date of enactment of this Act and ending on the date of the transfer, 

for MR&I System OM&R. 

(f) CIP OM&R.—Out of any funds in the Treasury not otherwise 

appropriated, the Secretary of the Treasury shall transfer to the 

Secretary $10,000,000, adjusted to reflect changes in appropriate 

cost indices during the period beginning on the date of enactment 

of this Act and ending on the date of the transfer, for CIP OM&R. 

(g) USE.—In addition to the uses authorized under subsections 

(a) and (b), such amounts as may be necessary of the amounts 

made available under those subsections may be used to carry out 

related activities necessary to comply with Federal environmental 

and cultural resource laws. 

(h) ACCOUNT TRANSFERS.— (1) IN GENERAL.—The Secretary may transfer from the 

amounts made available under subsection (a) such amounts 

as the Secretary, with the concurrence of the Tribe, determines 

to be necessary to supplement the amounts made available 

under subsection (b), on a determination of the Secretary, in 

consultation with the Tribe, that such a transfer is in the 

best interest of the Tribe. 

(2) OTHER APPROVED TRANSFERS.—The Secretary may 

transfer from the amounts made available under subsection 

(b) such amounts as the Secretary, with the concurrence of 

the Tribe, determines to be necessary to supplement the 

amounts made available under subsection (a), on a determination of the Secretary, in consultation with the Tribe, that such 

a transfer is in the best interest of the Tribe. 

(i) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled 

to receive, shall accept, and shall use to carry out this section 

the funds transferred under subsections (a) through (f), without 

further appropriation. 

SEC. 415. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE. 

If the Secretary does not publish a statement of findings under 

section 410(e) not later than March 31, 2016, or the extended 

date agreed to by the Tribe and the Secretary, after reasonable 

notice to the State of Montana, as applicable— 

(1) this title is repealed effective April 1, 2016, or the 

day after the extended date agreed to by the Tribe and the 

Secretary after reasonable notice to the State of Montana, 

whichever is later; 

(2) any action taken by the Secretary and any contract 

or agreement pursuant to the authority provided under any 

provision of this title shall be void; 

(3) any amounts made available under section 414, together 

with any interest on those amounts, shall immediately revert 

to the general fund of the Treasury; 

(4) any amounts made available under section 414 that 

remain unexpended shall immediately revert to the general 

fund of the Treasury; and 

(5) the United States shall be entitled to set off against 

any claims asserted by the Tribe against the United States 

relating to water rights— 

(A) any funds expended or withdrawn from the 

amounts made available pursuant to this title; and 

Effective date. 

31 USC 1105 and 

note. 

Deadline. 

Notification. 


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(B) any funds made available to carry out the activities 

authorized in this title from other authorized sources. 

SEC. 416. ANTIDEFICIENCY. 

The United States shall not be liable for any failure to carry 

out any obligation or activity authorized by this title (including 

any such obligation or activity under the Settlement Agreement) 

if adequate appropriations are not provided expressly by Congress 

to carry out the purposes of this title in the Reclamation Water 

Settlements Fund established under section 10501 of Public Law 

111–11 or the ‘‘Emergency Fund for Indian Safety and Health’’ 

established by section 601(a) of the Tom Lantos and Henry J. 

Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)). 

TITLE V—TAOS PUEBLO INDIAN WATER 

RIGHTS 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Taos Pueblo Indian Water 

Rights Settlement Act’’. 

SEC. 502. PURPOSES. 

The purposes of this title are— 

(1) to approve, ratify, and confirm the Taos Pueblo Indian 

Water Rights Settlement Agreement; 

(2) to authorize and direct the Secretary to execute the 

Settlement Agreement and to perform all obligations of the 

Secretary under the Settlement Agreement and this title; and 

(3) to authorize all actions and appropriations necessary 

for the United States to meet its obligations under the Settlement Agreement and this title. 

SEC. 503. DEFINITIONS. 

In this title: 

(1) ELIGIBLE NON-PUEBLO ENTITIES.—The term ‘‘Eligible 

Non-Pueblo Entities’’ means the Town of Taos, the El Prado 

Water and Sanitation District, and the New Mexico Department 

of Finance and Administration Local Government Division on 

behalf of the Acequia Madre del Rio Lucero y del Arroyo Seco, 

the Acequia Madre del Prado, the Acequia del Monte, the 

Acequia Madre del Rio Chiquito, the Upper Ranchitos Mutual 

Domestic Water Consumers Association, the Upper Arroyo 

Hondo Mutual Domestic Water Consumers Association, and 

the Llano Quemado Mutual Domestic Water Consumers 

Association. 

(2) ENFORCEMENT DATE.—The term ‘‘Enforcement Date’’ 

means the date upon which the Secretary publishes the notice 

required by section 509(f)(1). 

(3) MUTUAL-BENEFIT PROJECTS.—The term ‘‘Mutual-Benefit 

Projects’’ means the projects described and identified in articles 

6 and 10.1 of the Settlement Agreement. 

(4) PARTIAL FINAL DECREE.—The term ‘‘Partial Final 

Decree’’ means the Decree entered in New Mexico v. Abeyta 

and New Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) 

and 7939–BB (U.S. D.N.M.) (consolidated), for the resolution 

Taos Pueblo 

Indian Water 

Rights 

Settlement Act. 


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of the Pueblo’s water right claims and which is substantially 

in the form agreed to by the Parties and attached to the 

Settlement Agreement as Attachment 5. 

(5) PARTIES.—The term ‘‘Parties’’ means the Parties to the 

Settlement Agreement, as identified in article 1 of the Settlement Agreement. 

(6) PUEBLO.—The term ‘‘Pueblo’’ means the Taos Pueblo, 

a sovereign Indian tribe duly recognized by the United States 

of America. 

(7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ means those 

lands located within the Taos Valley to which the Pueblo, 

or the United States in its capacity as trustee for the Pueblo, 

holds title subject to Federal law limitations on alienation. 

Such lands include Tracts A, B, and C, the Pueblo’s land 

grant, the Blue Lake Wilderness Area, and the Tenorio and 

Karavas Tracts and are generally depicted in Attachment 2 

to the Settlement Agreement. 

(8) SAN JUAN-CHAMA PROJECT.—The term ‘‘San JuanChama Project’’ means the Project authorized by section 8 

of the Act of June 13, 1962 (76 Stat. 96 and 97), and the 

Act of April 11, 1956 (70 Stat. 105). 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(10) SETTLEMENT AGREEMENT.—The term ‘‘Settlement 

Agreement’’ means the contract dated March 31, 2006, between 

and among— 

(A) the United States, acting solely in its capacity 

as trustee for Taos Pueblo; 

(B) the Taos Pueblo, on its own behalf; 

(C) the State of New Mexico; 

(D) the Taos Valley Acequia Association and its 55 

member ditches; 

(E) the Town of Taos; 

(F) the El Prado Water and Sanitation District; and 

(G) the 12 Taos area Mutual Domestic Water Consumers Associations, as amended to conform with this title. 

(11) STATE ENGINEER.—The term ‘‘State Engineer’’ means 

the New Mexico State Engineer. 

(12) TAOS VALLEY.—The term ‘‘Taos Valley’’ means the 

geographic area depicted in Attachment 4 of the Settlement 

Agreement. 

SEC. 504. PUEBLO RIGHTS. 

(a) IN GENERAL.—Those rights to which the Pueblo is entitled 

under the Partial Final Decree shall be held in trust by the United 

States on behalf of the Pueblo and shall not be subject to forfeiture, 

abandonment, or permanent alienation. 

(b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo shall not be 

denied all or any part of its rights held in trust absent its consent 

unless such rights are explicitly abrogated by an Act of Congress 

hereafter enacted. 

SEC. 505. TAOS PUEBLO WATER DEVELOPMENT FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a fund to be known as the ‘‘Taos Pueblo Water 

Development Fund’’ (referred to in this section as the ‘‘Fund’’) 

to be used to pay or reimburse costs incurred by the Pueblo for— 

(1) acquiring water rights; 


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(2) planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, 

or repairing water production, treatment or delivery infrastructure, on-farm improvements, or wastewater infrastructure; 

(3) restoring, preserving and protecting the Buffalo Pasture, 

including planning, permitting, designing, engineering, constructing, operating, managing and replacing the Buffalo Pasture Recharge Project; 

(4) administering the Pueblo’s water rights acquisition program and water management and administration system; and 

(5) watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic 

development, and costs related to the negotiation, authorization, and implementation of the Settlement Agreement. 

(b) MANAGEMENT OF FUND.—The Secretary shall manage the 

Fund, invest amounts in the Fund, and make monies available 

from the Fund for distribution to the Pueblo consistent with the 

American Indian Trust Fund Management Reform Act of 1994 

(25 U.S.C. 4001 et seq.) (hereinafter, ‘‘Trust Fund Reform Act’’), 

this title, and the Settlement Agreement. 

(c) INVESTMENT OF FUND.—Upon the Enforcement Date, the 

Secretary shall invest amounts in the Fund in accordance with— 

(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 

161); 

(2) the first section of the Act of June 24, 1938 (52 Stat. 

1037, ch. 648, 25 U.S.C. 162a); and 

(3) the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.). 

(d) AVAILABILITY OF AMOUNTS FROM FUND.—Upon the Enforcement Date, all monies deposited in the Fund pursuant to section 

509(c)(1) or made available from other authorized sources shall 

be available to the Pueblo for expenditure or withdrawal after 

the requirements of subsection (e) have been met. 

(e) EXPENDITURES AND WITHDRAWAL.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Pueblo may withdraw all or 

part of the Fund on approval by the Secretary of a tribal 

management plan as described in the Trust Fund Reform 

Act. 

(B) REQUIREMENTS.—In addition to the requirements 

under the Trust Fund Reform Act, the tribal management 

plan shall require that the Pueblo spend any funds in 

accordance with the purposes described in subsection (a). 

(2) ENFORCEMENT.—The Secretary may take judicial or 

administrative action to enforce the requirement that monies 

withdrawn from the Fund are used for the purposes specified 

in subsection (a). 

(3) LIABILITY.—If the Pueblo exercises the right to withdraw monies from the Fund, neither the Secretary nor the 

Secretary of the Treasury shall retain any liability for the 

expenditure or investment of the monies withdrawn. 

(4) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Pueblo shall submit to the Secretary for approval an expenditure plan for any portions 

of the funds made available under this title that the Pueblo 

does not withdraw under paragraph (1)(A). 


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(B) DESCRIPTION.—The expenditure plan shall describe 

the manner in which, and the purposes for which, amounts 

remaining in the Fund will be used. 

(C) APPROVAL.—On receipt of an expenditure plan 

under subparagraph (A), the Secretary shall approve the 

plan if the Secretary determines that the plan is reasonable 

and consistent with this title. 

(5) ANNUAL REPORT.—The Pueblo shall submit to the Secretary an annual report that describes all expenditures from 

the Fund during the year covered by the report. 

(f) AMOUNTS AVAILABLE ON APPROPRIATION.—Notwithstanding subsection (d), $15,000,000 of the monies deposited in the Fund— 

(1) shall be available upon appropriation or availability 

of the funds from other authorized sources for the Pueblo’s 

acquisition of water rights pursuant to Article 5.1.1.2.3 of the 

Settlement Agreement, the Buffalo Pasture Recharge Project, 

implementation of the Pueblo’s water rights acquisition program and water management and administration system, the 

design, planning, engineering, permitting or construction of 

water or wastewater infrastructure eligible for funding under 

subsection (a), or costs related to the negotiation, authorization, 

and implementation of the Settlement Agreement, provided 

that such funds may be expended prior to the Enforcement 

Date only for activities which are determined by the Secretary 

to be more cost effective when implemented as early as possible; 

and 

(2) shall be distributed by the Secretary to the Pueblo 

on receipt by the Secretary from the Pueblo of a written notice 

and a Tribal Council resolution that describes the purposes 

under paragraph (1) for which the monies will be used after 

a cost-effectiveness determination by the Secretary has been 

made as described in paragraph (1). The Secretary shall make 

the determination described in paragraph (1) within a reasonable period of time after receipt of the notice and resolution. 

(g) NO PER CAPITA DISTRIBUTIONS.—No portion of the Fund 

shall be distributed on a per capita basis to members of the Pueblo. 

SEC. 506. MARKETING. 

(a) PUEBLO WATER RIGHTS.—Subject to the approval of the 

Secretary in accordance with subsection (e), the Pueblo may market 

water rights secured to it under the Settlement Agreement and 

Partial Final Decree, provided that such marketing is in accordance 

with this section. 

(b) PUEBLO CONTRACT RIGHTS TO SAN JUAN-CHAMA PROJECT

WATER.—Subject to the approval of the Secretary in accordance 

with subsection (e), the Pueblo may subcontract water made available to the Pueblo under the contract authorized under section 

508(b)(1)(A) to third parties to supply water for use within or 

without the Taos Valley, provided that the delivery obligations 

under such subcontract are not inconsistent with the Secretary’s 

existing San Juan-Chama Project obligations and such subcontract 

is in accordance with this section. 

(c) LIMITATION.— 

(1) IN GENERAL.—Diversion or use of water off Pueblo lands 

pursuant to Pueblo water rights or Pueblo contract rights to 

San Juan-Chama Project water shall be subject to and not 

inconsistent with the same requirements and conditions of State 

Determination. 

Notice. 


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law, any applicable Federal law, and any applicable interstate 

compact as apply to the exercise of water rights or contract 

rights to San Juan-Chama Project water held by non-Federal, 

non-Indian entities, including all applicable State Engineer 

permitting and reporting requirements. 

(2) EFFECT ON WATER RIGHTS.—Such diversion or use off 

Pueblo lands under paragraph (1) shall not impair water rights 

or increase surface water depletions within the Taos Valley. 

(d) MAXIMUM TERM.— (1) IN GENERAL.—The maximum term of any water use 

lease or subcontract, including all renewals, shall not exceed 

99 years in duration. 

(2) ALIENATION OF RIGHTS.—The Pueblo shall not permanently alienate any rights it has under the Settlement Agreement, the Partial Final Decree, and this title. 

(e) APPROVAL OF SECRETARY.—The Secretary shall approve or 

disapprove any lease or subcontract submitted by the Pueblo for 

approval within a reasonable period of time after submission, provided that no Secretarial approval shall be required for any water 

use lease for less than 10 acre-feet per year with a term of less 

than 7 years, including all renewals. 

(f) NO FORFEITURE OR ABANDONMENT.—The nonuse by a lessee 

or subcontractor of the Pueblo of any right to which the Pueblo 

is entitled under the Partial Final Decree shall in no event result 

in a forfeiture, abandonment, relinquishment, or other loss of all 

or any part of those rights. 

(g) NO PREEMPTION.— 

(1) IN GENERAL.—The approval authority of the Secretary 

provided under subsection (e) shall not amend, construe, supersede, or preempt any State or Federal law, interstate compact, 

or international treaty that pertains to the Colorado River, 

the Rio Grande, or any of their tributaries, including the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quantity of those waters. 

(2) APPLICABLE LAW.—The provisions of section 2116 of 

the Revised Statutes (25 U.S.C. 177) shall not apply to any 

water made available under the Settlement Agreement. 

(h) NO PREJUDICE.—Nothing in this title shall be construed 

to establish, address, prejudice, or prevent any party from litigating 

whether or to what extent any applicable State law, Federal law, 

or interstate compact does or does not permit, govern, or apply 

to the use of the Pueblo’s water outside of New Mexico. 

SEC. 507. MUTUAL-BENEFIT PROJECTS. 

(a) IN GENERAL.—Upon the Enforcement Date, the Secretary, 

acting through the Commissioner of Reclamation, shall provide 

financial assistance in the form of grants on a nonreimbursable 

basis to Eligible Non-Pueblo Entities to plan, permit, design, engineer, and construct the Mutual-Benefit Projects in accordance with 

the Settlement Agreement— 

(1) to minimize adverse impacts on the Pueblo’s water 

resources by moving future non-Indian ground water pumping 

away from the Pueblo’s Buffalo Pasture; and 

(2) to implement the resolution of a dispute over the allocation of certain surface water flows between the Pueblo and 

non-Indian irrigation water right owners in the community 

of Arroyo Seco Arriba. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3127 

(b) COST-SHARING.— 

(1) FEDERAL SHARE.—The Federal share of the total cost 

of planning, designing, and constructing the Mutual-Benefit 

Projects authorized in subsection (a) shall be 75 percent and 

shall be nonreimbursable. 

(2) NON-FEDERAL SHARE.—The non-Federal share of the 

total cost of planning, designing, and constructing the MutualBenefit Projects shall be 25 percent and may be in the form 

of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would 

substantially contribute to completing the Mutual-Benefit 

Projects. 

(3) ADDITIONAL STATE CONTRIBUTION.—As a condition of 

expenditure by the Secretary of the funds made available under 

section 509(c)(2), the State shall— 

(A) appropriate and make available the non-Federal 

share described in paragraph (2); and 

(B) agree to provide additional funding associated with 

the Mutual-Benefit Projects as described in paragraph 10 

of the Settlement Agreement. 

SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS. 

(a) IN GENERAL.—Contracts issued under this section shall 

be in accordance with this title and the Settlement Agreement. 

(b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT WATER.— 

(1) IN GENERAL.—The Secretary shall enter into 3 repayment contracts within a reasonable period after the date of 

enactment of this Act, for the delivery of San Juan-Chama 

Project water in the following amounts: 

(A) 2,215 acre-feet/annum to the Pueblo. 

(B) 366 acre-feet/annum to the Town of Taos. 

(C) 40 acre-feet/annum to the El Prado Water and 

Sanitation District. 

(2) REQUIREMENTS.—Each such contract shall provide that 

if the conditions precedent set forth in section 509(f)(2) have 

not been fulfilled by March 31, 2017, the contract shall expire 

on that date. 

(3) APPLICABLE LAW.—Public Law 87–483 (76 Stat. 97) 

applies to the contracts entered into under paragraph (1) and 

no preference shall be applied as a result of section 504(a) 

with regard to the delivery or distribution of San Juan-Chama 

Project water or the management or operation of the San JuanChama Project. 

(c) WAIVER.—With respect to the contract authorized and 

required by subsection (b)(1)(A) and notwithstanding the provisions 

of Public Law 87–483 (76 Stat. 96) or any other provision of law— 

(1) the Secretary shall waive the entirety of the Pueblo’s 

share of the construction costs, both principal and the interest, 

for the San Juan-Chama Project and pursuant to that waiver, 

the Pueblo’s share of all construction costs for the San JuanChama Project, inclusive of both principal and interest shall 

be nonreimbursable; and 

(2) the Secretary’s waiver of the Pueblo’s share of the 

construction costs for the San Juan-Chama Project will not 

result in an increase in the pro rata shares of other San 

Juan-Chama Project water contractors, but such costs shall 

Deadline. 

Expiration date. 


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124 STAT. 3128 PUBLIC LAW 111–291—DEC. 8, 2010 

be absorbed by the United States Treasury or otherwise appropriated to the Department of the Interior. 

SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND 

CONDITIONS PRECEDENT. 

(a) RATIFICATION.— (1) IN GENERAL.—Except to the extent that any provision 

of the Settlement Agreement conflicts with any provision of 

this title, the Settlement Agreement is authorized, ratified, 

and confirmed. 

(2) AMENDMENTS.—To the extent amendments are executed 

to make the Settlement Agreement consistent with this title, 

such amendments are also authorized, ratified, and confirmed. 

(b) EXECUTION OF SETTLEMENT AGREEMENT.—To the extent 

that the Settlement Agreement does not conflict with this title, 

the Secretary shall execute the Settlement Agreement, including 

all exhibits to the Settlement Agreement requiring the signature 

of the Secretary and any amendments necessary to make the Settlement Agreement consistent with this title, after the Pueblo has 

executed the Settlement Agreement and any such amendments. 

(c) FUNDING.— 

(1) TAOS PUEBLO WATER DEVELOPMENT FUND.— 

(A) MANDATORY APPROPRIATION.—Out of any funds in 

the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary for deposit 

in the Taos Pueblo Water Development Fund established 

by section 505(a), for the period of fiscal years 2011 through 

2016, $50,000,000, as adjusted by such amounts as may 

be required due to increases since April 1, 2007, in 

construction costs, as indicated by engineering cost indices 

applicable to the types of construction or rehabilitation 

involved. 

(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 

to the amount made available under subparagraph (A), 

there is authorized to be appropriated to the Secretary 

for deposit in the Taos Pueblo Water Development Fund 

established by section 505(a) $38,000,000, as adjusted by 

such amounts as may be required due to increases since 

April 1, 2007, in construction costs, as indicated by 

engineering cost indices applicable to the types of construction or rehabilitation involved, for the period of fiscal years 

2011 through 2016. 

(2) MUTUAL-BENEFIT PROJECTS FUNDING.— 

(A) FUNDING.— 

(i) MANDATORY APPROPRIATION.—Out of any funds 

in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary 

to provide grants pursuant to section 507 $16,000,000 

for the period of fiscal years 2011 through 2016. 

(ii) AUTHORIZATION OF APPROPRIATIONS.—In addition to the amount made available under clause (i), 

there is authorized to be appropriated to the Secretary 

to provide grants pursuant to section 507 $20,000,000 

for the period of fiscal years 2011 through 2016. 

(B) DEPOSIT IN FUND.—The Secretary shall deposit the 

funds made available pursuant to subparagraph (A) into 

a noninterest-bearing fund, to be known as the ‘‘Taos 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3129 

Settlement Fund’’, to be established in the Treasury of 

the United States so that such funds may be made available 

on the Enforcement Date as set forth in section 507(a). 

(3) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

title the funds transferred under paragraphs (1)(A) and (2)(A)(i), 

without further appropriation, to remain available until 

expended. 

(d) AUTHORITY OF SECRETARY.—The Secretary is authorized 

to enter into such agreements and to take such measures as the 

Secretary may deem necessary or appropriate to fulfill the intent 

of the Settlement Agreement and this title. 

(e) ENVIRONMENTAL COMPLIANCE.— 

(1) EFFECT OF EXECUTION OF SETTLEMENT AGREEMENT.— 

The Secretary’s execution of the Settlement Agreement shall 

not constitute a major Federal action under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(2) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying 

out this title, the Secretary shall comply with each law of 

the Federal Government relating to the protection of the 

environment, including— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.). 

(f) CONDITIONS PRECEDENT AND SECRETARIAL FINDING.— 

(1) IN GENERAL.—Upon the fulfillment of the conditions 

precedent described in paragraph (2), the Secretary shall publish in the Federal Register a statement of finding that the 

conditions have been fulfilled. 

(2) CONDITIONS.—The conditions precedent referred to in 

paragraph (1) are the following: 

(A) The President has signed into law the Taos Pueblo 

Indian Water Rights Settlement Act. 

(B) To the extent that the Settlement Agreement conflicts with this title, the Settlement Agreement has been 

revised to conform with this title. 

(C) The Settlement Agreement, so revised, including 

waivers and releases pursuant to section 510, has been 

executed by the Parties and the Secretary prior to the 

Parties’ motion for entry of the Partial Final Decree. 

(D) Congress has fully appropriated or the Secretary 

has provided from other authorized sources all funds made 

available under paragraphs (1) and (2) of subsection (c). 

(E) The Legislature of the State of New Mexico has 

fully appropriated the funds for the State contributions 

as specified in the Settlement Agreement, and those funds 

have been deposited in appropriate accounts. 

(F) The State of New Mexico has enacted legislation 

that amends NMSA 1978, section 72–6–3 to state that 

a water use due under a water right secured to the Pueblo 

under the Settlement Agreement or the Partial Final 

Decree may be leased for a term, including all renewals, 

not to exceed 99 years, provided that this condition shall 

not be construed to require that said amendment state 

that any State law based water rights acquired by the 

New Mexico. 

Federal Register, 

publication. 

Contracts. 


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124 STAT. 3130 PUBLIC LAW 111–291—DEC. 8, 2010 

Pueblo or by the United States on behalf of the Pueblo 

may be leased for said term. 

(G) A Partial Final Decree that sets forth the water 

rights and contract rights to water to which the Pueblo 

is entitled under the Settlement Agreement and this title 

and that substantially conforms to the Settlement Agreement and Attachment 5 thereto has been approved by 

the Court and has become final and nonappealable. 

(g) ENFORCEMENT DATE.—The Settlement Agreement shall 

become enforceable, and the waivers and releases executed pursuant 

to section 510 and the limited waiver of sovereign immunity set 

forth in section 511(a) shall become effective, as of the date that 

the Secretary publishes the notice required by subsection (f)(1). 

(h) EXPIRATION DATE.— (1) IN GENERAL.—If all of the conditions precedent described 

in section (f)(2) have not been fulfilled by March 31, 2017, 

the Settlement Agreement shall be null and void, the waivers 

and releases executed pursuant to section 510 and the sovereign 

immunity waivers in section 511(a) shall not become effective, 

and any unexpended Federal funds, together with any income 

earned thereon, and title to any property acquired or constructed with expended Federal funds, shall be returned to 

the Federal Government, unless otherwise agreed to by the 

Parties in writing and approved by Congress. 

(2) EXCEPTION.—Notwithstanding subsection (h)(1) or any 

other provision of law, except as provided in subsection (i), 

title to any property acquired or constructed with expended 

Federal funds made available under section 505(f) shall be 

retained by the Pueblo. 

(i) RIGHT TO SET-OFF.—If the conditions precedent described 

in subsection (f)(2) have not been fulfilled by March 31, 2017, 

and the Settlement Agreement is null and void under subsection 

(h)(1)— 

(1) the United States shall be entitled to set off any Federal 

funds made available under section 505(f) that were used for 

purposes other than the purchase of water rights against any 

claim of the Pueblo against the United States described in 

section 510(b) (but excluding any claim retained under section 

510(c)); and 

(2) the Pueblo shall have the option either— 

(A) to accept an equitable credit for any water rights 

acquired with funds made available under section 505(f) 

against any water rights secured for the Pueblo by the 

Pueblo, or by the United States on behalf of the Pueblo, 

in any litigation or future settlement of the case styled 

New Mexico v. Abeyta and New Mexico v. Arellano, Civil 

Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) 

(consolidated); or 

(B) to convey to the United States any water rights 

acquired with funds made available under section 505(f). 

(j) EXTENSION.—The dates in subsections (h) and (i) and section 

510(e) may be extended if the Parties agree that an extension 

is reasonably necessary. 

SEC. 510. WAIVERS AND RELEASES OF CLAIMS. 

(a) CLAIMS BY THE PUEBLO AND THE UNITED STATES.—In return 

for recognition of the Pueblo’s water rights and other benefits, 

Publication. 

Notice. 


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including but not limited to the commitments by non-Pueblo parties, 

as set forth in the Settlement Agreement and this title, the Pueblo, 

on behalf of itself and its members, and the United States acting 

in its capacity as trustee for the Pueblo are authorized to execute 

a waiver and release of claims against the parties to New Mexico 

v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 

D.N.M.) and 7939–BB (U.S. D.N.M.) (consolidated) from— 

(1) all claims for water rights in the Taos Valley that 

the Pueblo, or the United States acting in its capacity as 

trustee for the Pueblo, asserted, or could have asserted, in 

any proceeding, including but not limited to in New Mexico 

v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB 

(U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (consolidated), up 

to and including the Enforcement Date, except to the extent 

that such rights are recognized in the Settlement Agreement 

or this title; 

(2) all claims for water rights, whether for consumptive 

or nonconsumptive use, in the Rio Grande mainstream or its 

tributaries that the Pueblo, or the United States acting in 

its capacity as trustee for the Pueblo, asserted or could assert 

in any water rights adjudication proceedings except those 

claims based on Pueblo or United States ownership of lands 

or water rights acquired after the Enforcement Date, provided 

that nothing in this paragraph shall prevent the Pueblo or 

the United States from fully participating in the inter se phase 

of any such water rights adjudication proceedings; 

(3) all claims for damages, losses or injuries to water rights 

or claims of interference with, diversion or taking of water 

(including but not limited to claims for injury to lands resulting 

from such damages, losses, injuries, interference with, diversion, or taking) in the Rio Grande mainstream or its tributaries 

or for lands within the Taos Valley that accrued at any time 

up to and including the Enforcement Date; and 

(4) all claims against the State of New Mexico, its agencies, 

or employees relating to the negotiation or the adoption of 

the Settlement Agreement. 

(b) CLAIMS BY THE PUEBLO AGAINST THE UNITED STATES.— 

The Pueblo, on behalf of itself and its members, is authorized 

to execute a waiver and release of— 

(1) all claims against the United States, its agencies, or 

employees relating to claims for water rights in or water of 

the Taos Valley that the United States acting in its capacity 

as trustee for the Pueblo asserted, or could have asserted, 

in any proceeding, including but not limited to in New Mexico 

v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB 

(U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (consolidated); 

(2) all claims against the United States, its agencies, or 

employees relating to damages, losses, or injuries to water, 

water rights, land, or natural resources due to loss of water 

or water rights (including but not limited to damages, losses 

or injuries to hunting, fishing, gathering, or cultural rights 

due to loss of water or water rights, claims relating to interference with, diversion or taking of water or water rights, 

or claims relating to failure to protect, acquire, replace, or 

develop water, water rights or water infrastructure) in the 

Rio Grande mainstream or its tributaries or within the Taos 


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124 STAT. 3132 PUBLIC LAW 111–291—DEC. 8, 2010 

Valley that first accrued at any time up to and including 

the Enforcement Date; 

(3) all claims against the United States, its agencies, or 

employees for an accounting of funds appropriated by the Act 

of March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931 

(46 Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757), 

the Act of August 9, 1937 (50 Stat. 564), and the Act of May 

9, 1938 (52 Stat. 291), as authorized by the Pueblo Lands 

Act of June 7, 1924 (43 Stat. 636), and the Pueblo Lands 

Act of May 31, 1933 (48 Stat. 108), and for breach of trust 

relating to funds for water replacement appropriated by said 

Acts that first accrued before the date of enactment of this 

Act; 

(4) all claims against the United States, its agencies, or 

employees relating to the pending litigation of claims relating 

to the Pueblo’s water rights in New Mexico v. Abeyta and 

New Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) 

and 7939–BB (U.S. D.N.M.) (consolidated); and 

(5) all claims against the United States, its agencies, or 

employees relating to the negotiation, Execution or the adoption 

of the Settlement Agreement, exhibits thereto, the Final Decree, 

or this title. 

(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this title, 

the Pueblo on behalf of itself and its members and the United 

States acting in its capacity as trustee for the Pueblo retain— 

(1) all claims for enforcement of the Settlement Agreement, 

the Final Decree, including the Partial Final Decree, the San 

Juan-Chama Project contract between the Pueblo and the 

United States, or this title; 

(2) all claims against persons other than the Parties to 

the Settlement Agreement for damages, losses or injuries to 

water rights or claims of interference with, diversion or taking 

of water rights (including but not limited to claims for injury 

to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within the 

Taos Valley arising out of activities occurring outside the Taos 

Valley or the Taos Valley Stream System; 

(3) all rights to use and protect water rights acquired 

after the date of enactment of this Act; 

(4) all rights to use and protect water rights acquired 

pursuant to State law, to the extent not inconsistent with 

the Partial Final Decree and the Settlement Agreement 

(including water rights for the land the Pueblo owns in Questa, 

New Mexico); 

(5) all claims relating to activities affecting the quality 

of water including but not limited to any claims the Pueblo 

might have under the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.) (including but not limited to claims for damages to natural 

resources), the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 

et seq.), and the regulations implementing those Acts; 

(6) all claims relating to damages, losses, or injuries to 

land or natural resources not due to loss of water or water 

rights (including but not limited to hunting, fishing, gathering, 

or cultural rights); and 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3133 

(7) all rights, remedies, privileges, immunities, powers, and 

claims not specifically waived and released pursuant to this 

title and the Settlement Agreement. 

(d) EFFECT.—Nothing in the Settlement Agreement or this 

title— 

(1) affects the ability of the United States acting in its 

sovereign capacity to take actions authorized by law, including 

but not limited to any laws relating to health, safety, or the 

environment, including but not limited to the Federal Water 

Pollution Control Act (33 U.S.C. 1251 et seq.), the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 

6901 et seq.), and the regulations implementing such Acts; 

(2) affects the ability of the United States to take actions 

acting in its capacity as trustee for any other Indian tribe 

or allottee; 

(3) confers jurisdiction on any State court to— 

(A) interpret Federal law regarding health, safety, or 

the environment or determine the duties of the United 

States or other parties pursuant to such Federal law; or 

(B) conduct judicial review of Federal agency action; 

or 

(4) waives any claim of a member of the Pueblo in an 

individual capacity that does not derive from a right of the 

Pueblo. 

(e) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on the earlier of— 

(A) March 31, 2017; or 

(B) the Enforcement Date. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(3) LIMITATION.—Nothing in this subsection precludes the 

tolling of any period of limitations or any time-based equitable 

defense under any other applicable law. 

SEC. 511. INTERPRETATION AND ENFORCEMENT. 

(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.—Upon and after 

the Enforcement Date, if any Party to the Settlement Agreement 

brings an action in any court of competent jurisdiction over the 

subject matter relating only and directly to the interpretation or 

enforcement of the Settlement Agreement or this title, and names 

the United States or the Pueblo as a party, then the United States, 

the Pueblo, or both may be added as a party to any such action, 

and any claim by the United States or the Pueblo to sovereign 

immunity from the action is waived, but only for the limited and 

sole purpose of such interpretation or enforcement, and no waiver 

of sovereign immunity is made for any action against the United 

States or the Pueblo that seeks money damages. 

(b) SUBJECT MATTER JURISDICTION NOT AFFECTED.—Nothing 

in this title shall be deemed as conferring, restricting, enlarging, 

or determining the subject matter jurisdiction of any court, 

Time period. 


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124 STAT. 3134 PUBLIC LAW 111–291—DEC. 8, 2010 

including the jurisdiction of the court that enters the Partial Final 

Decree adjudicating the Pueblo’s water rights. 

(c) REGULATORY AUTHORITY NOT AFFECTED.—Nothing in this 

title shall be deemed to determine or limit any authority of the 

State or the Pueblo to regulate or administer waters or water 

rights now or in the future. 

SEC. 512. DISCLAIMER. 

Nothing in the Settlement Agreement or this title shall be 

construed in any way to quantify or otherwise adversely affect 

the land and water rights, claims, or entitlements to water of 

any other Indian tribe. 

SEC. 513. ANTIDEFICIENCY. 

The United States shall not be liable for failure to carry out 

any obligation or activity authorized to be carried out under this 

title (including any such obligation or activity under the Agreement) 

if adequate appropriations are not provided expressly to carry out 

the purposes of this title by Congress or there are not enough 

monies available to carry out the purposes of this title in the 

Reclamation Water Settlements Fund established under section 

10501 of Public Law 111–11 or the ‘‘Emergency Fund for Indian 

Safety and Health’’ established by section 601(a) of the Tom Lantos 

and Henry J. Hyde United States Global Leadership Against HIV/ 

AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 

U.S.C. 443c(a)). 

TITLE VI—AAMODT LITIGATION 

SETTLEMENT 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Aamodt Litigation Settlement 

Act’’. 

SEC. 602. DEFINITIONS. 

In this title: 

(1) AAMODT CASE.—The term ‘‘Aamodt Case’’ means the 

civil action entitled State of New Mexico, ex rel. State Engineer 

and United States of America, Pueblo de Nambe, Pueblo de 

Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque 

v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). 

(2) ACRE-FEET.—The term ‘‘acre-feet’’ means acre-feet of 

water per year. 

(3) AUTHORITY.—The term ‘‘Authority’’ means the Pojoaque 

Basin Regional Water Authority described in section 9.5 of 

the Settlement Agreement or an alternate entity acceptable 

to the Pueblos and the County to operate and maintain the 

diversion and treatment facilities, certain transmission pipelines, and other facilities of the Regional Water System. 

(4) CITY.—The term ‘‘City’’ means the city of Santa Fe, 

New Mexico. 

(5) COST-SHARING AND SYSTEM INTEGRATION AGREEMENT.— 

The term ‘‘Cost-Sharing and System Integration Agreement’’ 

means the agreement, dated August 27, 2009, to be executed 

by the United States, the State, the Pueblos, the County, and 

the City that— 

Aamodt 

Litigation 

Settlement Act. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3135 

(A) describes the location, capacity, and management 

(including the distribution of water to customers) of the 

Regional Water System; and 

(B) allocates the costs of the Regional Water System 

with respect to— 

(i) the construction, operation, maintenance, and 

repair of the Regional Water System; 

(ii) rights-of-way for the Regional Water System; 

and 

(iii) the acquisition of water rights. 

(6) COUNTY.—The term ‘‘County’’ means Santa Fe County, 

New Mexico. 

(7) COUNTY DISTRIBUTION SYSTEM.—The term ‘‘County Distribution System’’ means the portion of the Regional Water 

System that serves water customers on non-Pueblo land in 

the Pojoaque Basin. 

(8) COUNTY WATER UTILITY.—The term ‘‘County Water 

Utility’’ means the water utility organized by the County to— 

(A) receive water distributed by the Authority; and 

(B) provide the water received under subparagraph 

(A) to customers on non-Pueblo land in the Pojoaque Basin. 

(9) ENGINEERING REPORT.—The term ‘‘Engineering Report’’ 

means the report entitled ‘‘Pojoaque Regional Water System 

Engineering Report’’ dated September 2008 and any amendments thereto, including any modifications which may be 

required by section 611(d)(2). 

(10) FUND.—The term ‘‘Fund’’ means the Aamodt Settlement Pueblos’ Fund established by section 615(a). 

(11) OPERATING AGREEMENT.—The term ‘‘Operating Agreement’’ means the agreement between the Pueblos and the 

County executed under section 612(a). 

(12) OPERATIONS, MAINTENANCE, AND REPLACEMENT

COSTS.— 

(A) IN GENERAL.—The term ‘‘operations, maintenance, 

and replacement costs’’ means all costs for the operation 

of the Regional Water System that are necessary for the 

safe, efficient, and continued functioning of the Regional 

Water System to produce the benefits described in the 

Settlement Agreement. 

(B) EXCLUSION.—The term ‘‘operations, maintenance, 

and replacement costs’’ does not include construction costs 

or costs related to construction design and planning. 

(13) POJOAQUE BASIN.— 

(A) IN GENERAL.—The term ‘‘Pojoaque Basin’’ means 

the geographic area limited by a surface water divide 

(which can be drawn on a topographic map), within which 

area rainfall and runoff flow into arroyos, drainages, and 

named tributaries that eventually drain to— 

(i) the Rio Pojoaque; or 

(ii) the 2 unnamed arroyos immediately south; and 

(iii) 2 arroyos (including the Arroyo Alamo) that 

are north of the confluence of the Rio Pojoaque and 

the Rio Grande. 

(B) INCLUSION.—The term ‘‘Pojoaque Basin’’ includes 

the San Ildefonso Eastern Reservation recognized by section 8 of Public Law 87–231 (75 Stat. 505). 


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(14) PUEBLO.—The term ‘‘Pueblo’’ means each of the 

pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque. 

(15) PUEBLOS.—The term ‘‘Pueblos’’ means collectively the 

Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

(16) PUEBLO LAND.—The term ‘‘Pueblo land’’ means any 

real property that is— 

(A) held by the United States in trust for a Pueblo 

within the Pojoaque Basin; 

(B)(i) owned by a Pueblo within the Pojoaque Basin 

before the date on which a court approves the Settlement 

Agreement; or 

(ii) acquired by a Pueblo on or after the date on which 

a court approves the Settlement Agreement, if the real 

property is located— 

(I) within the exterior boundaries of the Pueblo, 

as recognized and conformed by a patent issued under 

the Act of December 22, 1858 (11 Stat. 374, chapter 

V); or 

(II) within the exterior boundaries of any territory 

set aside for the Pueblo by law, executive order, or 

court decree; 

(C) owned by a Pueblo or held by the United States 

in trust for the benefit of a Pueblo outside the Pojoaque 

Basin that is located within the exterior boundaries of 

the Pueblo as recognized and confirmed by a patent issued 

under the Act of December 22, 1858 (11 Stat. 374, chapter 

V); or 

(D) within the exterior boundaries of any real property 

located outside the Pojoaque Basin set aside for a Pueblo 

by law, executive order, or court decree, if the land is 

within or contiguous to land held by the United States 

in trust for the Pueblo as of January 1, 2005. 

(17) PUEBLO WATER FACILITY.— 

(A) IN GENERAL.—The term ‘‘Pueblo Water Facility’’ 

means— 

(i) a portion of the Regional Water System that 

serves only water customers on Pueblo land; and 

(ii) portions of a Pueblo water system in existence 

on the date of enactment of this Act that serve water 

customers on non-Pueblo land, also in existence on 

the date of enactment of this Act, or their successors, 

that are— 

(I) depicted in the final project design, as modified by the drawings reflecting the completed 

Regional Water System; and 

(II) described in the Operating Agreement. 

(B) INCLUSIONS.—The term ‘‘Pueblo Water Facility’’ 

includes— 

(i) the barrier dam and infiltration project on the 

Rio Pojoaque described in the Engineering Report; and 

(ii) the Tesuque Pueblo infiltration pond described 

in the Engineering Report. 

(18) REGIONAL WATER SYSTEM.— 

(A) IN GENERAL.—The term ‘‘Regional Water System’’ 

means the Regional Water System described in section 

611(a). 


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(B) EXCLUSIONS.—The term ‘‘Regional Water System’’ 

does not include the County or Pueblo water supply delivered through the Regional Water System. 

(19) SAN JUAN-CHAMA PROJECT.—The term ‘‘San JuanChama Project’’ means the Project authorized by section 8 

of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act 

of April 11, 1956 (70 Stat. 105). 

(20) SAN JUAN-CHAMA PROJECT ACT.—The term ‘‘San JuanChama Project Act’’ means sections 8 through 18 of the Act 

of June 13, 1962 (76 Stat. 96, 97). 

(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(22) SETTLEMENT AGREEMENT.—The term ‘‘Settlement 

Agreement’’ means the agreement among the State, the 

Pueblos, the United States, the County, and the City dated 

January 19, 2006, and signed by all of the government parties 

to the Settlement Agreement (other than the United States) 

on May 3, 2006, as amended in conformity with this title. 

(23) STATE.—The term ‘‘State’’ means the State of New 

Mexico. 

Subtitle A—Pojoaque Basin Regional 

Water System 

SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

(a) IN GENERAL.—The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct a regional 

water system in accordance with the Settlement Agreement, to 

be known as the ‘‘Regional Water System’’— 

(1) to divert and distribute water to the Pueblos and to 

the County Water Utility, in accordance with the Engineering 

Report; and 

(2) that consists of— 

(A) surface water diversion facilities at San Ildefonso 

Pueblo on the Rio Grande; and 

(B) any treatment, transmission, storage and distribution facilities and wellfields for the County Distribution 

System and Pueblo Water Facilities that are necessary 

to supply 4,000 acre-feet of water within the Pojoaque 

Basin, unless modified in accordance with subsection (d)(2). 

(b) FINAL PROJECT DESIGN.—The Secretary shall issue a final 

project design within 90 days of completion of the environmental 

compliance described in section 616 for the Regional Water System 

that— 

(1) is consistent with the Engineering Report; and 

(2) includes a description of any Pueblo Water Facilities. 

(c) ACQUISITION OF LAND; WATER RIGHTS.— (1) ACQUISITION OF LAND.—Upon request, and in exchange 

for the funding which shall be provided in section 617(c), the 

Pueblos shall consent to the grant of such easements and 

rights-of-way as may be necessary for the construction of the 

Regional Water System at no cost to the Secretary. To the 

extent that the State or County own easements or rightsof-way that may be used for construction of the Regional Water 

System, the State or County shall provide that land or interest 

in land as necessary for construction at no cost to the Secretary. 

Deadline. 


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The Secretary shall acquire any other land or interest in land 

that is necessary for the construction of the Regional Water 

System. 

(2) WATER RIGHTS.—The Secretary shall not condemn water 

rights for purposes of the Regional Water System. 

(d) CONDITIONS FOR CONSTRUCTION.— (1) IN GENERAL.—The Secretary shall not begin construction of the Regional Water System facilities until the date 

on which— 

(A) the Secretary executes— 

(i) the Settlement Agreement; and 

(ii) the Cost-Sharing and System Integration 

Agreement; and 

(B) the State and the County have entered into an 

agreement with the Secretary to contribute the non-Federal 

share of the costs of the construction in accordance with 

the Cost-Sharing and System Integration Agreement. 

(2) MODIFICATIONS TO REGIONAL WATER SYSTEM.— 

(A) IN GENERAL.—The State and the County, in agreement with the Pueblos, the City, and other signatories 

to the Cost-Sharing and System Integration Agreement, 

may modify the extent, size, and capacity of the County 

Distribution System as set forth in the Cost-Sharing and 

System Integration Agreement. 

(B) EFFECT.—A modification under subparagraph (A)— 

(i) shall not affect implementation of the Settlement Agreement so long as the provisions in section 

623 are satisfied; and 

(ii) may result in an adjustment of the State and 

County cost-share allocation as set forth in the CostSharing and System Integration Agreement. 

(e) APPLICABLE LAW.—The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to 

the design and construction of the Regional Water System. 

(f) CONSTRUCTION COSTS.— (1) PUEBLO WATER FACILITIES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the expenditures of the Secretary to construct the 

Pueblo Water Facilities under this section shall not exceed 

$106,400,000. 

(B) EXCEPTION.—The amount described in subparagraph (A) shall be increased or decreased, as appropriate, 

based on ordinary fluctuations in construction costs since 

October 1, 2006, as determined using applicable 

engineering cost indices. 

(2) COSTS TO PUEBLO.—The costs incurred by the Secretary 

in carrying out activities to construct the Pueblo Water Facilities under this section shall not be reimbursable to the United 

States. 

(3) COUNTY DISTRIBUTION SYSTEM.—As a condition of the 

Secretary using the funds made available pursuant to section 

617(a)(1), the costs of constructing the County Distribution 

System shall be a State and local expense pursuant to the 

Cost-Sharing and System Integration Agreement. 

(g) INITIATION OF DISCUSSIONS.— (1) IN GENERAL.—If the Secretary determines that the cost 

of constructing the Regional Water System exceed the amounts 


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described in the Cost-Sharing and System Integration Agreement for construction of the Regional Water System and would 

necessitate funds in excess of the amount made available pursuant to section 617(a)(1), the Secretary shall initiate negotiations 

with the parties to the Cost-Sharing and System Integration 

Agreement for an agreement regarding non-Federal contributions to ensure that the Regional Water System can be completed as required by section 623(e). 

(2) JOINT RESPONSIBILITIES.—The United States shall not 

bear the entire amount of any cost overrun, nor shall the 

State be responsible to pay any amounts in addition to the 

amounts specified in the Cost-Sharing and System Integration 

Agreement. 

(h) CONVEYANCE OF REGIONAL WATER SYSTEM FACILITIES.— (1) IN GENERAL.—Subject to paragraph (2), on completion 

of the construction of the Regional Water System as defined 

in section 623(e), the Secretary, in accordance with the Operating Agreement, shall convey to— 

(A) each Pueblo the portion of any Pueblo Water 

Facility that is located within the boundaries of the Pueblo, 

including any land or interest in land located within the 

boundaries of the Pueblo that is acquired by the United 

States for the construction of the Pueblo Water Facility; 

(B) the County the County Distribution System, 

including any land or interest in land acquired by the 

United States for the construction of the County Distribution System; and 

(C) the Authority any portions of the Regional Water 

System that remain after making the conveyances under 

subparagraphs (A) and (B), including any land or interest 

in land acquired by the United States for the construction 

of the portions of the Regional Water System. 

(2) CONDITIONS FOR CONVEYANCE.—The Secretary shall not 

convey any portion of the Regional Water System facilities 

under paragraph (1) until the date on which— 

(A) construction of the Regional Water System is 

substantially complete, as defined in section 623(e); and 

(B) the Operating Agreement is executed in accordance 

with section 612. 

(3) SUBSEQUENT CONVEYANCE.—On conveyance by the Secretary under paragraph (1), the Pueblos, the County, and the 

Authority shall not reconvey any portion of the Regional Water 

System conveyed to the Pueblos, the County, and the Authority, 

respectively, unless the reconveyance is authorized by an Act 

of Congress enacted after the date of enactment of this Act. 

(4) INTEREST OF THE UNITED STATES.—On conveyance of 

a portion of the Regional Water System under paragraph (1), 

the United States shall have no further right, title, or interest 

in and to the portion of the Regional Water System conveyed. 

(5) ADDITIONAL CONSTRUCTION.—On conveyance of a portion of the Regional Water System under paragraph (1), the 

Pueblos, County, or the Authority, as applicable, may, at the 

expense of the Pueblos, County, or the Authority, construct 

any additional infrastructure that is necessary to fully use 

the water delivered by the Regional Water System. 

(6) TAXATION.—Conveyance of title to any portion of the 

Regional Water System, the Pueblo Water Facilities, or the 


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County Distribution System under paragraph (1) does not waive 

or alter any applicable Federal law prohibiting taxation of 

such facilities or the underlying land. 

(7) LIABILITY.— (A) IN GENERAL.—Effective on the date of conveyance 

of any land or facility under this section, the United States 

shall not be held liable by any court for damages of any 

kind arising out of any act, omission, or occurrence relating 

to the land and facilities conveyed, other than damages 

caused by acts of negligence by the United States, or by 

employees or agents of the United States, prior to the 

date of conveyance. 

(B) TORT CLAIMS.—Nothing in this section increases 

the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’). 

(8) EFFECT.—Nothing in any transfer of ownership provided 

or any conveyance thereto as provided in this section shall 

extinguish the right of any Pueblo, the County, or the Regional 

Water Authority to the continuous use and benefit of each 

easement or right of way for the use, operation, maintenance, 

repair, and replacement of Pueblo Water Facilities, the County 

Distribution System or the Regional Water System or for wastewater purposes as provided in the Cost-Sharing and System 

Integration Agreement. 

SEC. 612. OPERATING AGREEMENT. 

(a) IN GENERAL.—The Pueblos and the County shall submit 

to the Secretary an executed Operating Agreement for the Regional 

Water System that is consistent with this title, the Settlement 

Agreement, and the Cost-Sharing and System Integration Agreement not later than 180 days after the later of— 

(1) the date of completion of environmental compliance 

and permitting; or 

(2) the date of issuance of a final project design for the 

Regional Water System under section 611(b). 

(b) APPROVAL.—The Secretary shall approve or disapprove the 

Operating Agreement within a reasonable period of time after the 

Pueblos and the County submit the Operating Agreement described 

in subsection (a) and upon making a determination that the Operating Agreement is consistent with this title, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement. 

(c) CONTENTS.—The Operating Agreement shall include— 

(1) provisions consistent with the Settlement Agreement 

and the Cost-Sharing and System Integration Agreement and 

necessary to implement the intended benefits of the Regional 

Water System described in those documents; 

(2) provisions for— 

(A) the distribution of water conveyed through the 

Regional Water System, including a delineation of— 

(i) distribution lines for the County Distribution 

System; 

(ii) distribution lines for the Pueblo Water Facilities; and 

(iii) distribution lines that serve both— 

(I) the County Distribution System; and 

(II) the Pueblo Water Facilities; 

Deadline. 


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(B) the allocation of the Regional Water System 

capacity; 

(C) the terms of use of unused water capacity in the 

Regional Water System; 

(D) terms of interim use of County unused capacity, 

in accordance with section 614(d); 

(E) the construction of additional infrastructure and 

the acquisition of associated rights-of-way or easements 

necessary to enable any of the Pueblos or the County 

to fully use water allocated to the Pueblos or the County 

from the Regional Water System, including provisions 

addressing when the construction of such additional infrastructure requires approval by the Authority; 

(F) the allocation and payment of annual operation, 

maintenance, and replacement costs for the Regional Water 

System, including the portions of the Regional Water 

System that are used to treat, transmit, and distribute 

water to both the Pueblo Water Facilities and the County 

Water Utility; 

(G) the operation of wellfields located on Pueblo land; 

(H) the transfer of any water rights necessary to provide the Pueblo water supply described in section 613(a); 

(I) the operation of the Regional Water System with 

respect to the water supply, including the allocation of 

the water supply in accordance with section 3.1.8.4.2 of 

the Settlement Agreement so that, in the event of a shortage of supply to the Regional Water System, the supply 

to each of the Pueblos’ and to the County’s distribution 

system shall be reduced on a pro rata basis, in proportion 

to each distribution system’s most current annual use; 

and 

(J) dispute resolution; and 

(3) provisions for operating and maintaining the Regional 

Water System facilities before and after conveyance under section 611(h), including provisions to— 

(A) ensure that— 

(i) the operation of, and the diversion and conveyance of water by, the Regional Water System is in 

accordance with the Settlement Agreement; 

(ii) the wells in the Regional Water System are 

used in conjunction with the surface water supply of 

the Regional Water System to ensure a reliable firm 

supply of water to all users of the Regional Water 

System, consistent with the intent of the Settlement 

Agreement that surface supplies will be used to the 

maximum extent feasible; 

(iii) the respective obligations regarding delivery, 

payment, operation, and management are enforceable; 

and 

(iv) the County has the right to serve any new 

water users located on non-Pueblo land in the Pojoaque 

Basin; and 

(B) allow for any aquifer storage and recovery projects 

that are approved by the Office of the New Mexico State 

Engineer. 


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(d) EFFECT.—Nothing in this title precludes the Operating 

Agreement from authorizing phased or interim operations if the 

Regional Water System is constructed in phases. 

SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR REGIONAL 

WATER SYSTEM. 

(a) IN GENERAL.—For the purpose of providing a reliable firm 

supply of water from the Regional Water System for the Pueblos 

in accordance with the Settlement Agreement, the Secretary, on 

behalf of the Pueblos, shall— 

(1) acquire water rights to— 

(A) 302 acre-feet of Nambe reserved water described 

in section 2.6.2 of the Settlement Agreement; and 

(B) 1141 acre-feet from water acquired by the County 

for water rights commonly referred to as ‘‘Top of the World’’ 

rights in the Aamodt Case; 

(2) enter into a contract with the Pueblos for 1,079 acrefeet in accordance with section 11 of the San Juan-Chama 

Project Act; and 

(3) by application to the State Engineer, seek approval 

to divert the water acquired and made available under paragraphs (1) and (2) at the points of diversion for the Regional 

Water System, consistent with the Settlement Agreement and 

the Cost-Sharing and System Integration Agreement. 

(b) FORFEITURE.—The nonuse of the water supply secured by 

the Secretary for the Pueblos under subsection (a) shall in no 

event result in forfeiture, abandonment, relinquishment, or other 

loss thereof. 

(c) TRUST.—The Pueblo water rights secured under subsection 

(a) shall be held by the United States in trust for the Pueblos. 

(d) APPLICABLE LAW.—The water supply made available pursuant to subsection (a)(2) shall be subject to the San Juan-Chama 

Project Act, and no preference shall be provided to the Pueblos 

as a result of subsection (c) with regard to the delivery or distribution of San Juan-Chama Project water or the management or operation of the San Juan-Chama Project. 

(e) CONTRACT FOR SAN JUAN-CHAMA PROJECT WATER SUPPLY.— 

With respect to the contract for the water supply required by 

subsection (a)(2), such San Juan-Chama Project contract shall be 

pursuant to the following terms: 

(1) WAIVERS.—Notwithstanding the provisions of the San 

Juan-Chama Project Act, or any other provision of law— 

(A) the Secretary shall waive the entirety of the 

Pueblos’ share of the construction costs for the San JuanChama Project, and pursuant to that waiver, the Pueblos’ 

share of all construction costs for the San Juan-Chama 

Project, inclusive of both principal and interest, due from 

1972 to the execution of the contract required by subsection 

(a)(2), shall be nonreimbursable; 

(B) the Secretary’s waiver of each Pueblo’s share of 

the construction costs for the San Juan-Chama Project 

will not result in an increase in the pro rata shares of 

other San Juan-Chama Project water contractors, but such 

costs shall be absorbed by the United States Treasury 

or otherwise appropriated to the Department of the 

Interior; and 

Contracts. 


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(C) the construction costs associated with any water 

made available from the San Juan-Chama Project which 

were determined nonreimbursable and nonreturnable 

pursuant to Public Law No. 88–293, 78 Stat. 171 (March 

26, 1964), shall remain nonreimbursable and nonreturnable. 

(2) TERMINATION.—The contract shall provide that it shall 

terminate only on— 

(A) failure of the United States District Court for the 

District of New Mexico to enter a final decree for the 

Aamodt Case by the expiration date described in section 

623(b), or within the time period of any extension of that 

deadline granted by the court; or 

(B) entry of an order by the United States District 

Court for the District of New Mexico voiding the final 

decree and Settlement Agreement for the Aamodt Case 

pursuant to section 10.3 of the Settlement Agreement. 

(f) LIMITATION.—The Secretary shall use the water supply 

secured under subsection (a) only for the purposes described in 

the Settlement Agreement. 

(g) FULFILLMENT OF WATER SUPPLY ACQUISITION OBLIGATIONS.—Compliance with subsections (a) through (f) shall satisfy 

any and all obligations of the Secretary to acquire or secure a 

water supply for the Pueblos pursuant to the Settlement Agreement. 

(h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREEMENT

UNAFFECTED.—Notwithstanding the provisions of subsections (a) 

through (g), the Pueblos, the County or the Regional Water 

Authority may acquire any additional water rights to ensure all 

parties to the Settlement Agreement receive the full allocation 

of water provided by the Settlement Agreement and nothing in 

this title amends or modifies the quantities of water allocated 

to the Pueblos thereunder. 

SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM 

CAPACITY AND WATER. 

(a) ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY.— 

(1) IN GENERAL.—The Regional Water System shall have 

the capacity to divert from the Rio Grande a quantity of water 

sufficient to provide— 

(A) up to 4,000 acre-feet of consumptive use of water; 

and 

(B) the requisite peaking capacity described in— 

(i) the Engineering Report; and 

(ii) the final project design. 

(2) ALLOCATION TO THE PUEBLOS AND COUNTY WATER

UTILITY.—Of the capacity described in paragraph (1)— 

(A) there shall be allocated to the Pueblos— 

(i) sufficient capacity for the conveyance of 2,500 

acre-feet consumptive use; and 

(ii) the requisite peaking capacity for the quantity 

of water described in clause (i); and 

(B) there shall be allocated to the County Water 

Utility— 

(i) sufficient capacity for the conveyance of up to 

1,500 acre-feet consumptive use; and 

(ii) the requisite peaking capacity for the quantity 

of water described in clause (i). 


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(3) APPLICABLE LAW.—Water shall be allocated to the 

Pueblos and the County Water Utility under this subsection 

in accordance with— 

(A) this subtitle; 

(B) the Settlement Agreement; and 

(C) the Operating Agreement. 

(b) DELIVERY OF REGIONAL WATER SYSTEM WATER.—The 

Authority shall deliver water from the Regional Water System— 

(1) to the Pueblos water in a quantity sufficient to allow 

full consumptive use of up to 2,500 acre-feet per year of water 

rights by the Pueblos in accordance with— 

(A) the Settlement Agreement; 

(B) the Operating Agreement; and 

(C) this subtitle; and 

(2) to the County water in a quantity sufficient to allow 

full consumptive use of up to 1,500 acre-feet per year of water 

rights by the County Water Utility in accordance with— 

(A) the Settlement Agreement; 

(B) the Operating Agreement; and 

(C) this subtitle. 

(c) ADDITIONAL USE OF ALLOCATION QUANTITY AND UNUSED

CAPACITY.—The Regional Water System may be used to— 

(1) provide for use of return flow credits to allow for full 

consumptive use of the water allocated in the Settlement Agreement to each of the Pueblos and to the County; and 

(2) convey water allocated to one of the Pueblos or the 

County Water Utility for the benefit of another Pueblo or the 

County Water Utility or allow use of unused capacity by each 

other through the Regional Water System in accordance with 

an intergovernmental agreement between the Pueblos, or 

between a Pueblo and County Water Utility, as applicable, 

if— 

(A) such intergovernmental agreements are consistent 

with the Operating Agreement, the Settlement Agreement, 

and this title; 

(B) capacity is available without reducing water 

delivery to any Pueblo or the County Water Utility in 

accordance with the Settlement Agreement, unless the 

County Water Utility or Pueblo contracts for a reduction 

in water delivery or Regional Water System capacity; 

(C) the Pueblo or County Water Utility contracting 

for use of the unused capacity or water has the right 

to use the water under applicable law; and 

(D) any agreement for the use of unused capacity or 

water provides for payment of the operation, maintenance, 

and replacement costs associated with the use of capacity 

or water. 

(d) INTERIM USE OF COUNTY CAPACITY.—In accordance with 

section 9.6.4 of the Settlement Agreement, the County may use 

unused capacity and water rights of the County Water Utility 

to supply water within the County outside of the Pojoaque Basin— 

(1) on approval by the State and the Authority; and 

(2) subject to the issuance of a permit by the New Mexico 

State Engineer. 


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SEC. 615. AAMODT SETTLEMENT PUEBLOS’ FUND. 

(a) ESTABLISHMENT OF THE AAMODT SETTLEMENT PUEBLOS’ 

FUND.—There is established in the Treasury of the United States 

a fund, to be known as the ‘‘Aamodt Settlement Pueblos’ Fund,’’ 

consisting of— 

(1) such amounts as are made available to the Fund under 

section 617(c) or other authorized sources; and 

(2) any interest earned from investment of amounts in 

the Fund under subsection (b). 

(b) MANAGEMENT OF THE FUND.—The Secretary shall manage 

the Fund, invest amounts in the Fund, and make amounts available 

from the Fund for distribution to the Pueblos in accordance with— 

(1) the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.); and 

(2) this title. 

(c) INVESTMENT OF THE FUND.—On the date on which the 

waivers become effective as set forth in section 623(d), the Secretary 

shall invest amounts in the Fund in accordance with— 

(1) the Act of April 1, 1880 (25 U.S.C. 161); 

(2) the first section of the Act of June 24, 1938 (25 U.S.C. 

162a); and 

(3) the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.). 

(d) TRIBAL MANAGEMENT PLAN.— 

(1) IN GENERAL.—A Pueblo may withdraw all or part of 

the Pueblo’s portion of the Fund on approval by the Secretary 

of a tribal management plan as described in the American 

Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 

4001 et seq.). 

(2) REQUIREMENTS.—In addition to the requirements under 

the American Indian Trust Fund Management Reform Act of 

1994 (25 U.S.C. 4001 et seq.), the tribal management plan 

shall require that a Pueblo spend any amounts withdrawn 

from the Fund in accordance with the purposes described in 

section 617(c). 

(3) ENFORCEMENT.—The Secretary may take judicial or 

administrative action to enforce the provisions of any tribal 

management plan to ensure that any amounts withdrawn from 

the Fund under an approved tribal management plan are used 

in accordance with this subtitle. 

(4) LIABILITY.—If a Pueblo or the Pueblos exercise the 

right to withdraw amounts from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any 

liability for the expenditure or investment of the amounts withdrawn. 

(5) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Pueblos shall submit to the Secretary for approval an expenditure plan for any portion 

of the amounts in the Fund that the Pueblos do not withdraw under this subsection. 

(B) DESCRIPTION.—The expenditure plan shall describe 

the manner in which, and the purposes for which, amounts 

remaining in the Fund will be used. 

(C) APPROVAL.—On receipt of an expenditure plan 

under subparagraph (A), the Secretary shall approve the 

plan if the Secretary determines that the plan is reasonable 


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and consistent with this title, the Settlement Agreement, 

and the Cost-Sharing and System Integration Agreement. 

(D) ANNUAL REPORT.—The Pueblos shall submit to the 

Secretary an annual report that describes all expenditures 

from the Fund during the year covered by the report. 

(6) NO PER CAPITA PAYMENTS.—No part of the principal 

of the Fund, or the interest or income accruing on the principal 

shall be distributed to any member of a Pueblo on a per capita 

basis. 

(7) AVAILABILITY OF AMOUNTS FROM THE FUND.— (A) APPROVAL OF SETTLEMENT AGREEMENT.— (i) IN GENERAL.—Except as provided in clause (ii), 

amounts made available under section 617(c)(1), or 

from other authorized sources, shall be available for 

expenditure or withdrawal only after the publication 

of the statement of findings required by section 

623(a)(1). 

(ii) EXCEPTION.—Notwithstanding clause (i), the 

amounts described in that clause may be expended 

before the date of publication of the statement of 

findings under section 623(a)(1) for any activity that 

is more cost-effective when implemented in conjunction 

with the construction of the Regional Water System, 

as determined by the Secretary. 

(B) COMPLETION OF CERTAIN PORTIONS OF REGIONAL

WATER SYSTEM.—Amounts made available under section 

617(c)(1) or from other authorized sources shall be available 

for expenditure or withdrawal only after those portions 

of the Regional Water System described in section 1.5.24 

of the Settlement Agreement have been declared substantially complete by the Secretary. 

SEC. 616. ENVIRONMENTAL COMPLIANCE. 

(a) IN GENERAL.—In carrying out this subtitle, the Secretary 

shall comply with each law of the Federal Government relating 

to the protection of the environment, including— 

(1) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.). 

(b) NATIONAL ENVIRONMENTAL POLICY ACT.—Nothing in this 

title affects the outcome of any analysis conducted by the Secretary 

or any other Federal official under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

SEC. 617. FUNDING. 

(a) REGIONAL WATER SYSTEM.— 

(1) FUNDING.— 

(A) MANDATORY APPROPRIATION.—Subject to paragraph 

(5), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to 

the Secretary for the planning, design, and construction 

of the Regional Water System and the conduct of environmental compliance activities under section 616 an amount 

not to exceed $56,400,000, as adjusted under paragraph 

(4), for the period of fiscal years 2011 through 2016, to 

remain available until expended. 


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(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 

to the amount made available under subparagraph (A), 

there is authorized to be appropriated to the Secretary 

for the planning, design, and construction of the Regional 

Water System and the conduct of environmental compliance 

activities under section 616 $50,000,000, as adjusted under 

paragraph (4), for the period of fiscal years 2011 through 

2024. 

(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

title the funds transferred under paragraph (1)(A), without 

further appropriation, to remain available until expended. 

(3) PRIORITY OF FUNDING.—Of the amounts made available 

under paragraph (1), the Secretary shall give priority to 

funding— 

(A) the construction of the San Ildefonso portion of 

the Regional Water System, consisting of— 

(i) the surface water diversion, treatment, and 

transmission facilities at San Ildefonso Pueblo; and 

(ii) the San Ildefonso Pueblo portion of the Pueblo 

Water Facilities; and 

(B) that part of the Regional Water System providing 

475 acre-feet to Pojoaque Pueblo pursuant to section 2.2 

of the Settlement Agreement. 

(4) ADJUSTMENT.—The amounts made available under 

paragraph (1) shall be adjusted annually to account for 

increases in construction costs since October 1, 2006, as determined using applicable engineering cost indices. 

(5) LIMITATIONS.— 

(A) IN GENERAL.—No amounts shall be made available 

under paragraph (1) for the construction of the Regional 

Water System until the date on which the United States 

District Court for the District of New Mexico issues an 

order approving the Settlement Agreement. 

(B) RECORD OF DECISION.—No amounts made available 

under paragraph (1) shall be expended for construction 

unless the record of decision issued by the Secretary after 

completion of an environmental impact statement provides 

for a preferred alternative that is in substantial compliance 

with the proposed Regional Water System, as defined in 

the Engineering Report. 

(b) ACQUISITION OF WATER RIGHTS.— 

(1) IN GENERAL.—Out of any funds in the Treasury not 

otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary for the acquisition of the water rights 

under section 613(a)(1)(B) $5,400,000. 

(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

title the funds transferred under paragraph (1), without further 

appropriation, to remain available until expended. 

(c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

(1) FUNDING.— 

(A) MANDATORY APPROPRIATIONS.—Out of any funds 

in the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary the following 

amounts for the period of fiscal years 2011 through 2015: 


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124 STAT. 3148 PUBLIC LAW 111–291—DEC. 8, 2010 

(i) $15,000,000, as adjusted according to the CPI 

Urban Index beginning on October 1, 2006, which shall 

be allocated to the Pueblos, in accordance with section 

2.7.1 of the Settlement Agreement, for the rehabilitation, improvement, operation, maintenance, and 

replacement of the agricultural delivery facilities, 

waste water systems, and other water-related infrastructure of the applicable Pueblo. 

(ii) $5,000,000, as adjusted according to the CPI 

Urban Index beginning on January 1, 2011, and any 

interest on that amount, which shall be allocated to 

the Pueblo of Nambe only for the acquisition land, 

other real property interests, or economic development 

for the Nambe reserved water rights in accordance 

with section 613(a)(1)(A). 

(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 

to the amounts made available under clauses (i) and (ii) 

of subparagraph (A), respectively, there are authorized to 

be appropriated to the Secretary for the period of fiscal 

years 2011 through 2024, $37,500,000 to assist the Pueblos 

in paying the Pueblos’ share of the cost of operating, 

maintaining, and replacing the Pueblo Water Facilities and 

the Regional Water System. 

(2) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— 

(A) IN GENERAL.—Prior to conveyance of the Regional 

Water System pursuant to section 611, the Secretary is 

authorized to and shall pay any operation, maintenance, 

and replacement costs associated with the Pueblo Water 

Facilities or the Regional Water System, up to the amount 

made available under subparagraph (B). 

(B) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to the Secretary to carry 

out subparagraph (A) $5,000,000. 

(C) OBLIGATION OF FEDERAL GOVERNMENT AFTER

COMPLETION.—After the date on which construction of the 

Regional Water System is completed and the amounts 

required to be deposited in the Aamodt Settlement Pueblos’ 

Fund pursuant to paragraph (1) have been deposited by 

the Federal Government— 

(i) the Federal Government shall have no obligation to pay for the operation, maintenance, and replacement costs associated with the Pueblo Water Facilities 

or the Regional Water System; and 

(ii) the authorization for the Secretary to expend 

funds for the operation, maintenance, and replacement 

costs of those systems under subparagraph (A) shall 

expire. 

(3) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

title the funds transferred under paragraphs (1)(A), without 

further appropriation, to remain available until expended or 

until the authorization for the Secretary to expend funds pursuant to paragraph (2) expires. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3149 

Subtitle B—Pojoaque Basin Indian Water 

Rights Settlement 

SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL. 

(a) APPROVAL.—To the extent the Settlement Agreement and 

the Cost-Sharing and System Integration Agreement do not conflict 

with this title, the Settlement Agreement and the Cost-Sharing 

and System Integration Agreement (including any amendments 

to the Settlement Agreement and the Cost-Sharing and System 

Integration Agreement that are executed to make the Settlement 

Agreement or the Cost-Sharing and System Integration Agreement 

consistent with this title) are authorized, ratified, and confirmed. 

(b) EXECUTION.—To the extent the Settlement Agreement and 

the Cost-Sharing and System Integration Agreement do not conflict 

with this title, the Secretary shall execute the Settlement Agreement and the Cost-Sharing and System Integration Agreement 

(including any amendments that are necessary to make the Settlement Agreement or the Cost-Sharing and System Integration Agreement consistent with this title). 

(c) AUTHORITIES OF THE PUEBLOS.— 

(1) IN GENERAL.—Each of the Pueblos may enter into leases 

or contracts to exchange water rights or to forebear undertaking 

new or expanded water uses for water rights recognized in 

section 2.1 of the Settlement Agreement for use within the 

Pojoaque Basin, in accordance with the other limitations of 

section 2.1.5 of the Settlement Agreement, provided that section 

2.1.5 is amended accordingly. 

(2) APPROVAL BY SECRETARY.—Consistent with the Settlement Agreement, the Secretary shall approve or disapprove 

a lease or contract entered into under paragraph (1). 

(3) PROHIBITION ON PERMANENT ALIENATION.—No lease or 

contract under paragraph (1) shall be for a term exceeding 

99 years, nor shall any such lease or contract provide for 

permanent alienation of any portion of the water rights made 

available to the Pueblos under the Settlement Agreement. 

(4) APPLICABLE LAW.—Section 2116 of the Revised Statutes 

(25 U.S.C. 177) shall not apply to any lease or contract entered 

into under paragraph (1). 

(5) LEASING OR MARKETING OF WATER SUPPLY.—The water 

supply provided on behalf of the Pueblos pursuant to section 

613(a)(1) may only be leased or marketed by any of the Pueblos 

pursuant to the intergovernmental agreements described in 

section 614(c)(2). 

(d) AMENDMENTS TO CONTRACTS.—The Secretary shall amend 

the contracts relating to the Nambe Falls Dam and Reservoir that 

are necessary to use water supplied from the Nambe Falls Dam 

and Reservoir in accordance with the Settlement Agreement. 

SEC. 622. ENVIRONMENTAL COMPLIANCE. 

(a) EFFECT OF EXECUTION OF SETTLEMENT AGREEMENT.—The 

execution of the Settlement Agreement under section 611(b) shall 

not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying out 

this title, the Secretary shall comply with each law of the Federal 


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124 STAT. 3150 PUBLIC LAW 111–291—DEC. 8, 2010 

Government relating to the protection of the environment, 

including— 

(1) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.). 

SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE. 

(a) CONDITIONS PRECEDENT.— 

(1) IN GENERAL.—Upon the fulfillment of the conditions 

precedent described in paragraph (2), the Secretary shall publish in the Federal Register by September 15, 2017, a statement 

of findings that the conditions have been fulfilled. 

(2) REQUIREMENTS.—The conditions precedent referred to 

in paragraph (1) are the conditions that— 

(A) to the extent that the Settlement Agreement conflicts with this subtitle, the Settlement Agreement has 

been revised to conform with this subtitle; 

(B) the Settlement Agreement, so revised, including 

waivers and releases pursuant to section 624, has been 

executed by the appropriate parties and the Secretary; 

(C) Congress has fully appropriated, or the Secretary 

has provided from other authorized sources, all funds 

authorized by section 617, with the exception of subsection 

(a)(1) of that section; 

(D) the Secretary has acquired and entered into appropriate contracts for the water rights described in section 

613(a); 

(E) for purposes of section 613(a), permits have been 

issued by the New Mexico State Engineer to the Regional 

Water Authority to change the points of diversion to the 

mainstem of the Rio Grande for the diversion and consumptive use of at least 2,381 acre-feet by the Pueblos as part 

of the water supply for the Regional Water System, subject 

to the conditions that— 

(i) the permits shall be free of any condition that 

materially adversely affects the ability of the Pueblos 

or the Regional Water Authority to divert or use the 

Pueblo water supply described in section 613(a), 

including water rights acquired in addition to those 

described in section 613(a), in accordance with section 

613(g); and 

(ii) the Settlement Agreement shall establish the 

means to address any permit conditions to ensure the 

ability of the Pueblos to fully divert and consume at 

least 2,381 acre-feet as part of the water supply for 

the Regional Water System, including defining the 

conditions that will not constitute a material adverse 

affect; 

(F) the State has enacted any necessary legislation 

and provided any funding that may be required under 

the Settlement Agreement; 

(G) a partial final decree that sets forth the water 

rights and other rights to water to which the Pueblos 

are entitled under the Settlement Agreement and this subtitle and that substantially conforms to the Settlement 

Federal Register, 

publication. 


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Agreement has been approved by the United States District 

Court for the District of New Mexico; 

(H) a final decree that sets forth the water rights 

for all parties to the Aamodt Case and that substantially 

conforms to the Settlement Agreement has been approved 

by the United States District Court for the District of 

New Mexico; and 

(I) the waivers and releases described in section 624 

have been executed. 

(b) EXPIRATION DATE.—If all the conditions precedent described 

in subsection (a)(2) have not been fulfilled by September 15, 2017— 

(1) the Settlement Agreement shall no longer be effective; 

(2) the waivers and releases described in the Settlement 

Agreement and section 624 shall not be effective; 

(3) any unexpended Federal funds appropriated or made 

available to carry out the activities authorized by this title, 

together with any interest earned on those funds, any water 

rights or contracts to use water, and title to other property 

acquired or constructed with Federal funds appropriated or 

made available to carry out the activities authorized by this 

title shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and 

approved by Congress; and 

(4) except for Federal funds used to acquire or develop 

property that is returned to the Federal Government under 

paragraph (3), the United States shall be entitled to set off 

any Federal funds appropriated or made available to carry 

out the activities authorized by this title that were expended 

or withdrawn, together with any interest accrued on those 

funds, against any claims against the United States— 

(A) relating to water rights in the Pojoaque Basin 

asserted by any Pueblo that benefitted from the use of 

expended or withdrawn Federal funds; or 

(B) in any future settlement of the Aamodt Case. 

(c) ENFORCEMENT DATE.—The Settlement Agreement shall 

become enforceable beginning on the date on which the United 

States District Court for the District of New Mexico enters a partial 

final decree pursuant to subsection (a)(2)(G) and an Interim 

Administrative Order consistent with the Settlement Agreement. 

(d) EFFECTIVENESS OF WAIVERS.—The waivers and releases 

executed pursuant to section 624 shall become effective as of the 

date that the Secretary publishes the notice required by subsection 

(a)(1). 

(e) REQUIREMENTS FOR DETERMINATION OF SUBSTANTIAL

COMPLETION OF THE REGIONAL WATER SYSTEM.— 

(1) CRITERIA FOR SUBSTANTIAL COMPLETION OF REGIONAL

WATER SYSTEM.—Subject to the provisions in section 611(d) 

concerning the extent, size, and capacity of the County Distribution System, the Regional Water System shall be determined 

to be substantially completed if the infrastructure has been 

constructed capable of— 

(A) diverting, treating, transmitting, and distributing 

a supply of 2,500 acre-feet of water to the Pueblos; and 

(B) diverting, treating, and transmitting the quantity 

of water specified in the Engineering Report to the County 

Distribution System. 


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(2) CONSULTATION.—On or after June 30, 2021, at the 

request of 1 or more of the Pueblos, the Secretary shall consult 

with the Pueblos and confer with the County and the State 

on whether the criteria in paragraph (1) for substantial completion of the Regional Water System have been met or will 

be met by June 30, 2024. 

(3) WRITTEN DETERMINATION BY SECRETARY.—Not earlier 

than June 30, 2021, at the request of 1 or more of the Pueblos 

and after the consultation required by paragraph (2), the Secretary shall— 

(A) determine whether the Regional Water System has 

been substantially completed based on the criteria 

described in paragraph (1); and 

(B) submit a written notice of the determination under 

subparagraph (A) to— 

(i) the Pueblos; 

(ii) the County; and 

(iii) the State. 

(4) RIGHT TO REVIEW.— 

(A) IN GENERAL.—A determination by the Secretary 

under paragraph (3)(A) shall be considered to be a final 

agency action subject to judicial review by the Decree Court 

under sections 701 through 706 of title 5, United States 

Code. 

(B) FAILURE TO MAKE TIMELY DETERMINATION.— 

(i) IN GENERAL.—If a Pueblo requests a written 

determination under paragraph (3) and the Secretary 

fails to make such a written determination by the 

date described in clause (ii), there shall be a rebuttable 

presumption that the failure constitutes agency action 

unlawfully withheld or unreasonably delayed under 

section 706 of title 5, United States Code. 

(ii) DATE.—The date referred to in clause (i) is 

the date that is the later of— 

(I) the date that is 180 days after the date 

of receipt by the Secretary of the request by the 

Pueblo; and 

(II) June 30, 2023. 

(C) EFFECT OF TITLE.—Nothing in this title gives any 

Pueblo or Settlement Party the right to judicial review 

of a determination of the Secretary regarding whether the 

Regional Water System has been substantially completed 

except under subchapter II of chapter 5, and chapter 7, 

of title 5, United States Code (commonly known as the 

‘‘Administrative Procedure Act’’). 

(5) RIGHT TO VOID FINAL DECREE.— 

(A) IN GENERAL.—Not later than June 30, 2024, on 

a determination by the Secretary, after consultation with 

the Pueblos, that the Regional Water System is not 

substantially complete, 1 or more of the Pueblos, or the 

United States acting on behalf of a Pueblo, shall have 

the right to notify the Decree Court of the determination. 

(B) EFFECT.—The Final Decree shall have no force 

or effect on a finding by the Decree Court that a Pueblo, 

or the United States acting on behalf of a Pueblo, has 

submitted proper notification under subparagraph (A). 

Deadline. 

Notice. 

Deadline. 

Deadlines. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3153 

(f) VOIDING OF WAIVERS.—If the Final Decree is void under 

subsection (e)(5)— 

(1) the Settlement Agreement shall no longer be effective; 

(2) the waivers and releases executed pursuant to section 

624 shall no longer be effective; 

(3) any unexpended Federal funds appropriated or made 

available to carry out the activities authorized by this title, 

together with any interest earned on those funds, any water 

rights or contracts to use water, and title to other property 

acquired or constructed with Federal funds appropriated or 

made available to carry out the activities authorized by this 

title shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and 

approved by Congress; and 

(4) except for Federal funds used to acquire or develop 

property that is returned to the Federal Government under 

paragraph (3), the United States shall be entitled to set off 

any Federal funds appropriated or made available to carry 

out the activities authorized by this title that were expended 

or withdrawn, together with any interest accrued on those 

funds, against any claims against the United States— 

(A) relating to water rights in the Pojoaque Basin 

asserted by any Pueblo that benefitted from the use of 

expended or withdrawn Federal funds; or 

(B) in any future settlement of the Aamodt Case. 

(g) EXTENSION.—The dates in subsections (a)(1) and (b) may 

be extended if the parties to the Cost-Sharing and System Integration Agreement agree that an extension is reasonably necessary. 

SEC. 624. WAIVERS AND RELEASES OF CLAIMS. 

(a) CLAIMS BY THE PUEBLOS AND THE UNITED STATES.—In 

return for recognition of the Pueblos’ water rights and other benefits, including waivers and releases by non-Pueblo parties, as set 

forth in the Settlement Agreement and this title, the Pueblos, 

on behalf of themselves and their members, and the United States 

acting in its capacity as trustee for the Pueblos are authorized 

to execute a waiver and release of— 

(1) all claims for water rights in the Pojoaque Basin that 

the Pueblos, or the United States acting in its capacity as 

trustee for the Pueblos, asserted, or could have asserted, in 

any proceeding, including the Aamodt Case, up to and including 

the waiver effectiveness date identified in section 623(d), except 

to the extent that such rights are recognized in the Settlement 

Agreement or this title; 

(2) all claims for water rights for lands in the Pojoaque 

Basin and for rights to use water in the Pojoaque Basin that 

the Pueblos, or the United States acting in its capacity as 

trustee for the Pueblos, might be able to otherwise assert 

in any proceeding not initiated on or before the date of enactment of this Act, except to the extent that such rights are 

recognized in the Settlement Agreement or this title; 

(3) all claims for damages, losses or injuries to water rights 

or claims of interference with, diversion or taking of water 

(including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking) 

for land within the Pojoaque Basin that accrued at any time 


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124 STAT. 3154 PUBLIC LAW 111–291—DEC. 8, 2010 

up to and including the waiver effectiveness date identified 

in section 623(d); 

(4) their defenses in the Aamodt Case to the claims previously asserted therein by other parties to the Settlement 

Agreement; 

(5) all pending and future inter se challenges to the quantification and priority of water rights of non-Pueblo wells in 

the Pojoaque Basin, except as provided by section 2.8 of the 

Settlement Agreement; 

(6) all pending and future inter se challenges against other 

parties to the Settlement Agreement; 

(7) all claims for damages, losses, or injuries to water 

rights or claims of interference with, diversion or taking of 

water (including claims for injury to land resulting from such 

damages, losses, injuries, interference with, diversion, or taking 

of water) attributable to City of Santa Fe pumping of groundwater that has effects on the ground and surface water supplies 

of the Pojoaque Basin, provided that this waiver shall not 

be effective by the Pueblo of Tesuque unless there is a water 

resources agreement executed between the Pueblo of Tesuque 

and the City of Santa Fe; and 

(8) all claims for damages, losses, or injuries to water 

rights or claims of interference with, diversion or taking of 

water (including claims for injury to land resulting from such 

damages, losses, injuries, interference with, diversion, or taking 

of water) attributable to County of Santa Fe pumping of groundwater that has effects on the ground and surface water supplies 

of the Pojoaque Basin. 

(b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED STATES.— 

The Pueblos, on behalf of themselves and their members, are 

authorized to execute a waiver and release of— 

(1) all claims against the United States, its agencies, or 

employees, relating to claims for water rights in or water of 

the Pojoaque Basin or for rights to use water in the Pojoaque 

Basin that the United States acting in its capacity as trustee 

for the Pueblos asserted, or could have asserted, in any proceeding, including the Aamodt Case; 

(2) all claims against the United States, its agencies, or 

employees relating to damages, losses, or injuries to water, 

water rights, land, or natural resources due to loss of water 

or water rights (including damages, losses or injuries to 

hunting, fishing, gathering or cultural rights due to loss of 

water or water rights; claims relating to interference with, 

diversion or taking of water or water rights; or claims relating 

to failure to protect, acquire, replace, or develop water, water 

rights or water infrastructure) within the Pojoaque Basin that 

first accrued at any time up to and including the waiver 

effectiveness date identified in section 623(d); 

(3) all claims against the United States, its agencies, or 

employees for an accounting of funds appropriated by Acts, 

including the Act of December 22, 1927 (45 Stat. 2), the Act 

of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 

(46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), 

the Act of March 4, 1931 (46 Stat. 1552), the Act of July 

1, 1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat. 

1757), the Act of August 9, 1937 (50 Stat. 564), and the Act 

of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo 


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Lands Act of June 7, 1924 (43 Stat. 636), and the Pueblo 

Lands Act of May 31, 1933 (48 Stat. 108), and for breach 

of Trust relating to funds for water replacement appropriated 

by said Acts that first accrued before the date of enactment 

of this Act; 

(4) all claims against the United States, its agencies, or 

employees relating to the pending litigation of claims relating 

to the Pueblos’ water rights in the Aamodt Case; and 

(5) all claims against the United States, its agencies, or 

employees relating to the negotiation, Execution or the adoption 

of the Settlement Agreement, exhibits thereto, the Partial Final 

Decree, the Final Decree, or this title. 

(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this title, 

the Pueblos on behalf of themselves and their members and the 

United States acting in its capacity as trustee for the Pueblos 

retain.— 

(1) all claims for enforcement of the Settlement Agreement, 

the Cost-Sharing and System Integration Agreement, the Final 

Decree, including the Partial Final Decree, the San JuanChama Project contract between the Pueblos and the United 

States or this title; 

(2) all rights to use and protect water rights acquired 

after the date of enactment of this Act; 

(3) all rights to use and protect water rights acquired 

pursuant to state law to the extent not inconsistent with the 

Partial Final Decree, Final Decree, and the Settlement Agreement; 

(4) all claims against persons other than Parties to the 

Settlement Agreement for damages, losses or injuries to water 

rights or claims of interference with, diversion or taking of 

water (including claims for injury to lands resulting from such 

damages, losses, injuries, interference with, diversion, or taking 

of water) within the Pojoaque Basin arising out of activities 

occurring outside the Pojoaque Basin; 

(5) all claims relating to activities affecting the quality 

of water including any claims the Pueblos may have under 

the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 

claims for damages to natural resources), the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.), and the regulations implementing those laws; 

(6) all claims against the United States relating to damages, losses, or injuries to land or natural resources not due 

to loss of water or water rights (including hunting, fishing, 

gathering or cultural rights); 

(7) all claims for water rights from water sources outside 

the Pojoaque Basin for land outside the Pojoaque Basin owned 

by a Pueblo or held by the United States for the benefit of 

any of the Pueblos; and 

(8) all rights, remedies, privileges, immunities, powers and 

claims not specifically waived and released pursuant to this 

title or the Settlement Agreement. 

(d) EFFECT.—Nothing in the Settlement Agreement or this 

title— 


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124 STAT. 3156 PUBLIC LAW 111–291—DEC. 8, 2010 

(1) affects the ability of the United States acting in its 

sovereign capacity to take actions authorized by law, including 

any laws relating to health, safety, or the environment, 

including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the 

Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and 

the regulations implementing those laws; 

(2) affects the ability of the United States to take actions 

acting in its capacity as trustee for any other Indian tribe 

or allottee; or 

(3) confers jurisdiction on any State court to— 

(A) interpret Federal law regarding health, safety, or 

the environment or determine the duties of the United 

States or other parties pursuant to such Federal law; or 

(B) conduct judicial review of Federal agency action; 

(e) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on June 30, 2021. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(3) LIMITATION.—Nothing in this section precludes the 

tolling of any period of limitations or any time-based equitable 

defense under any other applicable law. 

SEC. 625. EFFECT. 

Nothing in this title or the Settlement Agreement affects the 

land and water rights, claims, or entitlements to water of any 

Indian tribe, pueblo, or community other than the Pueblos. 

SEC. 626. ANTIDEFICIENCY. 

The United States shall not be liable for any failure to carry 

out any obligation or activity authorized by this title (including 

any such obligation or activity under the Settlement Agreement) 

if adequate appropriations are not provided expressly by Congress 

to carry out the purposes of this title in the Reclamation Water 

Settlements Fund established under section 10501 of Public Law 

111–11 or the ‘‘Emergency Fund for Indian Safety and Health’’ 

established by section 601(a) of the Tom Lantos and Henry J. 

Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)). 

TITLE VII—RECLAMATION WATER 

SETTLEMENTS FUND 

SEC. 701. MANDATORY APPROPRIATION. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

out of any funds in the Treasury not otherwise appropriated, for 

each of fiscal years 2012 through 2014, the Secretary of the 

Treasury shall transfer to the Secretary of the Interior $60,000,000 

Time period. 


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for deposit in the Reclamation Water Settlements Fund established 

in section 10501 of Public Law 111–11. 

(b) RECEIPT AND ACCEPTANCE.—Starting in fiscal year 2012, 

the Secretary of the Interior shall be entitled to receive, shall 

accept, and shall use to carry out subtitle B of title X of Public 

Law 111–11 the funds transferred under subsection (a), without 

further appropriation, to remain available until expended. 

TITLE VIII—GENERAL PROVISIONS 

Subtitle A—Unemployment Compensation 

Program Integrity 

SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE 

DEBTS. 

(a) UNEMPLOYMENT COMPENSATION DEBTS.—Section 6402(f) of 

the Internal Revenue Code of 1986 is amended— 

(1) in the heading, by striking ‘‘RESULTING FROM FRAUD’’; 

(2) by striking paragraphs (3) and (8) and redesignating 

paragraphs (4) through (7) as paragraphs (3) through (6), 

respectively; 

(3) in paragraph (3), as so redesignated— 

(A) in subparagraph (A), by striking ‘‘by certified mail 

with return receipt’’; 

(B) in subparagraph (B), by striking ‘‘due to fraud’’ 

and inserting ‘‘is not a covered unemployment compensation debt’’; 

(C) in subparagraph (C), by striking ‘‘due to fraud’’ 

and inserting ‘‘ is not a covered unemployment compensation debt’’; and 

(4) in paragraph (4), as so redesignated— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘or the person’s failure to report 

earnings’’ after ‘‘due to fraud’’; and 

(ii) by striking ‘‘for not more than 10 years’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘due to fraud’’; and 

(ii) by striking ‘‘for not more than 10 years’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to refunds payable under section 6402 of the Internal 

Revenue Code of 1986 on or after the date of the enactment of 

this Act. 

SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY 

OF NEW HIRES. 

(a) ADDITION OF REQUIREMENT.—Section 453A(b)(1)(A) of the 

Social Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting 

‘‘the date services for remuneration were first performed by the 

employee,’’ after ‘‘of the employee,’’. 

(b) CONFORMING AMENDMENT REGARDING REPORTING FORMAT

AND METHOD.—Section 453A(c) of the Social Security Act (42 U.S.C. 

653a(c)) is amended by inserting ‘‘, to the extent practicable,’’ after 

‘‘Each report required by subsection (b) shall’’. 

(c) EFFECTIVE DATE.— 42 USC 653a 

note. 

26 USC 6402 

note. 

26 USC 6402. 


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124 STAT. 3158 PUBLIC LAW 111–291—DEC. 8, 2010 

(1) IN GENERAL.—Subject to paragraph (2), the amendments 

made by this section shall take effect 6 months after the date 

of the enactment of this Act. 

(2) COMPLIANCE TRANSITION PERIOD.—If the Secretary of 

Health and Human Services determines that State legislation 

(other than legislation appropriating funds) is required in order 

for a State plan under part D of title IV of the Social Security 

Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded 

as failing to meet such requirements before the first day of 

the second calendar quarter beginning after the close of the 

first regular session of the State legislature that begins after 

the effective date of such amendment. If the State has a 2- 

year legislative session, each year of the session is deemed 

to be a separate regular session of the State legislature. 

Subtitle B—TANF 

SEC. 811. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 

FAMILIES PROGRAM. 

(a) IN GENERAL.—Activities authorized by part A of title IV 

and section 1108(b) of the Social Security Act (other than the 

Emergency Contingency Fund for State Temporary Assistance for 

Needy Families Programs established under subsection (c) of section 

403 of such Act) shall continue through September 30, 2011, in 

the manner authorized for fiscal year 2010, and out of any money 

in the Treasury of the United States not otherwise appropriated, 

there are hereby appropriated such sums as may be necessary 

for such purpose. Grants and payments may be made pursuant 

to this authority on a quarterly basis through fiscal year 2011 

at the level provided for such activities for the corresponding quarter 

of fiscal year 2010, except that— 

(1) in the case of healthy marriage promotion and responsible fatherhood grants under section 403(a)(2) of such Act, 

such grants and payments shall be made in accordance with 

the amendments made by subsection (b) of this section; 

(2) in the case of supplemental grants under section 

403(a)(3) of such Act— 

(A) such grants and payments for the period beginning 

on October 1, 2010, and ending on December 3, 2010, 

shall not exceed the level provided for such grants and 

payments under the Continuing Appropriations Act, 2011; 

and 

(B) such grants and payments for the period beginning 

on December 4, 2010, and ending on June 30, 2011, shall 

not exceed the amount equal to the difference between 

$490,000,000 and such sums as are necessary for amounts 

obligated under section 403(b) of the Social Security Act 

on or after October 1, 2010, and before the date of enactment of this Act; and 

(3) in the case of the Contingency Fund for State Welfare 

Programs established under section 403(b) of such Act, grants 

and payments may be made in the manner authorized for 

fiscal year 2010 through fiscal year 2012, in accordance with 

the amendments made by subsection (c) of this section. 

Time periods. 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3159 

(b) HEALTHY MARRIAGE PROMOTION AND RESPONSIBLE FATHER- HOOD GRANTS.—Section 403(a)(2) of the Social Security Act (42 

U.S.C. 603(a)(2)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (i), by striking ‘‘and (C)’’ and inserting 

‘‘, (C), and (E)’’; 

(B) in clause (ii), in the matter preceding subclause 

(I), by inserting ‘‘(or, in the case of an entity seeking 

funding to carry out healthy marriage promotion activities 

and activities promoting responsible fatherhood, a combined application that contains assurances that the entity 

will carry out such activities under separate programs and 

shall not combine any funds awarded to carry out either 

such activities)’’ after ‘‘an application’’; and 

(C) in clause (iii), by striking subclause (III) and 

inserting the following: 

‘‘(III) Marriage education, marriage skills, and 

relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement.’’; 

(2) in subparagraph (C)(i), by striking ‘‘$50,000,000’’ and 

inserting ‘‘$75,000,000’’; 

(3) by striking subparagraph (D) and inserting the following: 

‘‘(D) APPROPRIATION.—Out of any money in the 

Treasury of the United States not otherwise appropriated, 

there are appropriated for fiscal year 2011 for expenditure 

in accordance with this paragraph— 

‘‘(i) $75,000,000 for awarding funds for the purpose 

of carrying out healthy marriage promotion activities; 

and 

‘‘(ii) $75,000,000 for awarding funds for the purpose of carrying out activities promoting responsible 

fatherhood. 

If the Secretary makes an award under subparagraph (B)(i) 

for fiscal year 2011, the funds for such award shall be 

taken in equal portion from the amounts appropriated 

under clauses (i) and (ii).’’; and 

(4) by adding at the end the following: 

‘‘(E) PREFERENCE.—In awarding funds under this paragraph for fiscal year 2011, the Secretary shall give preference to entities that were awarded funds under this 

paragraph for any prior fiscal year and that have demonstrated the ability to successfully carry out the programs 

funded under this paragraph.’’. 

(c) CONTINGENCY FUND.—Section 403(b)(2) of the Social Security Act (42 U.S.C. 603(b)(2)), as amended by section 131(b)(2)(A) 

of the Continuing Appropriations Act, 2011, is amended— 

(1) by striking ‘‘$506,000,000’’ and inserting ‘‘such sums 

as are necessary for amounts obligated on or after October 

1, 2010, and before the date of enactment of the Claims Resolution Act of 2010,’’; and 

(2) by striking ‘‘, reduced’’ and all that follows up to the 

period. 

(d) CONFORMING AMENDMENTS.—Section 403(a)(3) of the Social 

Security Act (42 U.S.C. 603(a)(3)), as amended by section 131(b)(1) 

of the Continuing Appropriations Act, 2011, is amended— 


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124 STAT. 3160 PUBLIC LAW 111–291—DEC. 8, 2010 

(1) in subparagraph (F)— 

(A) by inserting ‘‘(or portion of a fiscal year)’’ after 

‘‘a fiscal year’’; and 

(B) by inserting ‘‘(or portion of the fiscal year)’’ after 

‘‘the fiscal year’’ each place it appears; and 

(2) by striking clause (ii) of subparagraph (H) and inserting 

the following: 

‘‘(ii) subparagraph (G) shall be applied as if ‘fiscal 

year 2011’ were substituted for ‘fiscal year 2001’;’’. 

SEC. 812. MODIFICATIONS TO TANF DATA REPORTING. 

(a) IN GENERAL.—Section 411 of the Social Security Act (42 

U.S.C. 611) is amended by adding at the end the following new 

subsection: 

‘‘(c) PRE-REAUTHORIZATION STATE-BY-STATE REPORTS ON

ENGAGEMENT IN ADDITIONAL WORK ACTIVITIES AND EXPENDITURES

FOR OTHER BENEFITS AND SERVICES.— 

‘‘(1) STATE REPORTING REQUIREMENTS.— 

‘‘(A) REPORTING PERIODS AND DEADLINES.—Each 

eligible State shall submit to the Secretary the following 

reports: 

‘‘(i) MARCH 2011 REPORT.—Not later than May 31, 

2011, a report for the period that begins on March 

1, 2011, and ends on March 31, 2011, that contains 

the information specified in subparagraphs (B) and 

(C). 

‘‘(ii) APRIL-JUNE, 2011 REPORT.—Not later than 

August 31, 2011, a report for the period that begins 

on April 1, 2011, and ends on June 30, 2011, that 

contains with respect to the 3 months that occur during 

that period— 

‘‘(I) the average monthly numbers for the 

information specified in subparagraph (B); and 

‘‘(II) the information specified in subparagraph 

(C). 

‘‘(B) ENGAGEMENT IN ADDITIONAL WORK ACTIVITIES.— 

‘‘(i) With respect to each work-eligible individual 

in a family receiving assistance during a reporting 

period specified in subparagraph (A), whether the individual engages in any activities directed toward 

attaining self-sufficiency during a month occurring in 

a reporting period, and if so, the specific activities— 

‘‘(I) that do not qualify as a work activity 

under section 407(d) but that are otherwise reasonably calculated to help the family move toward 

self-sufficiency; or 

‘‘(II) that are of a type that would be counted 

toward the State participation rates under section 

407 but for the fact that— 

‘‘(aa) the work-eligible individual did not 

engage in sufficient hours of the activity; 

‘‘(bb) the work-eligible individual has 

reached the maximum time limit allowed for 

having participation in the activity counted 

toward the State’s work participation rate; or 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3161 

‘‘(cc) the number of work-eligible individuals engaged in such activity exceeds a limitation under such section. 

‘‘(ii) Any other information that the Secretary 

determines appropriate with respect to the information 

required under clause (i), including if the individual 

has no hours of participation, the principal reason 

or reasons for such non-participation. 

‘‘(C) EXPENDITURES ON OTHER BENEFITS AND SERV- ICES.— ‘‘(i) Detailed, disaggregated information regarding 

the types of, and amounts of, expenditures made by 

the State during a reporting period specified in 

subparagraph (A) using— 

‘‘(I) Federal funds provided under section 403 

that are (or will be) reported by the State on 

Form ACF–196 (or any successor form) under the 

category of other expenditures or the category of 

benefits or services provided in accordance with 

the authority provided under section 404(a)(2); or 

‘‘(II) State funds expended to meet the requirements of section 409(a)(7) and reported by the 

State in the category of other expenditures on 

Form ACF–196 (or any successor form). 

‘‘(ii) Any other information that the Secretary 

determines appropriate with respect to the information 

required under clause (i). 

‘‘(2) PUBLICATION OF SUMMARY AND ANALYSIS OF ENGAGEMENT IN ADDITIONAL ACTIVITIES.—Concurrent with the submission of each report required under paragraph (1)(A), an eligible 

State shall publish on an Internet website maintained by the 

State agency responsible for administering the State program 

funded under this part (or such State-maintained website as 

the Secretary may approve)— 

‘‘(A) a summary of the information submitted in the 

report: 

‘‘(B) an analysis statement regarding the extent to 

which the information changes measures of total engagement in work activities from what was (or will be) reported 

by the State in the quarterly report submitted under subsection (a) for the comparable period; and 

‘‘(C) a narrative describing the most common activities 

contained in the report that are not countable toward the 

State participation rates under section 407. 

‘‘(3) APPLICATION OF AUTHORITY TO USE SAMPLING.— 

Subparagraph (B) of subsection (a)(1) shall apply to the reports 

required under paragraph (1) of this subsection in the same 

manner as subparagraph (B) of subsection (a)(1) applies to 

reports required under subparagraph (A) of subsection (a)(1). 

‘‘(4) SECRETARIAL REPORTS TO CONGRESS.— 

‘‘(A) MARCH 2011 REPORT.—Not later than June 30, 

2011, the Secretary shall submit to Congress a report on 

the information submitted by eligible States for the March 

2011 reporting period under paragraph (1)(A)(i). The report 

shall include a State-by-State summary and analysis of 

such information, identification of any States with missing 

or incomplete reports, and recommendations for such 


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124 STAT. 3162 PUBLIC LAW 111–291—DEC. 8, 2010 

administrative or legislative changes as the Secretary 

determines are necessary to require eligible States to report 

the information on a recurring basis. 

‘‘(B) APRIL-JUNE, 2011 REPORT.—Not later than September 30, 2011, the Secretary shall submit to Congress 

a report on the information submitted by eligible States 

for the April-June 2011 reporting period under paragraph 

(1)(A)(ii). The report shall include a State-by-State summary and analysis of such information, identification of 

any States with missing or incomplete reports, and recommendations for such administrative or legislative 

changes as the Secretary determines are necessary to 

require eligible States to report the information on a recurring basis 

‘‘(5) AUTHORITY FOR EXPEDITIOUS IMPLEMENTATION.—The 

requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’) or 

any other law relating to rulemaking or publication in the 

Federal Register shall not apply to the issuance of guidance 

or instructions by the Secretary with respect to the implementation of this subsection to the extent the Secretary determines 

that compliance with any such requirement would impede the 

expeditious implementation of this subsection.’’. 

(b) APPLICATION OF PENALTY FOR FAILURE TO FILE REPORT.— 

(1) IN GENERAL.—Section 409(a)(2) of such Act (42 U.S.C. 

609(a)(2)) is amended— 

(A) by redesignating subparagraphs (A) and (B) as 

clauses (i) and (ii), respectively, 

(B) by inserting before clause (i) (as redesignated by 

paragraph (1)), the following: 

‘‘(A) QUARTERLY REPORTS.—’’; 

(C) in clause (ii) of subparagraph (A) (as redesignated 

by paragraphs (1) and (2)), by striking ‘‘subparagraph (A)’’ 

and inserting ‘‘clause (i)’’; and 

(D) by adding at the end the following: 

‘‘(B) REPORT ON ENGAGEMENT IN ADDITIONAL WORK

ACTIVITIES AND EXPENDITURES FOR OTHER BENEFITS AND

SERVICES.— 

‘‘(i) IN GENERAL.—If the Secretary determines that 

a State has not submitted the report required by section 411(c)(1)(A)(i) by May 31, 2011, or the report 

required by section 411(c)(1)(A)(ii) by August 31, 2011, 

the Secretary shall reduce the grant payable to the 

State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more 

than 4 percent of the State family assistance grant. 

‘‘(ii) RESCISSION OF PENALTY.—The Secretary shall 

rescind a penalty imposed on a State under clause 

(i) with respect to a report required by section 

411(c)(1)(A) if the State submits the report not later 

than— 

‘‘(I) in the case of the report required under 

section 411(c)(1)(A)(i), June 15, 2011; and 

‘‘(II) in the case of the report required under 

section 411(c)(1)(A)(ii), September 15, 2011. 

‘‘(iii) PENALTY BASED ON SEVERITY OF FAILURE.— The Secretary shall impose a reduction under clause 


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PUBLIC LAW 111–291—DEC. 8, 2010 124 STAT. 3163 

(i) with respect to a fiscal year based on the degree 

of noncompliance.’’. 

(2) APPLICATION OF REASONABLE CAUSE EXCEPTION.—Section 409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended 

by inserting before the period the following: ‘‘and, with respect 

to the penalty under paragraph (2)(B) of subsection (a), shall 

only apply to the extent the Secretary determines that the 

reasonable cause for failure to comply with a requirement of 

that paragraph is as a result of a one-time, unexpected event, 

such as a widespread data system failure or a natural or 

man-made disaster’’. 

(3) NONAPPLICATION OF CORRECTIVE COMPLIANCE PLAN

PROVISIONS.—Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) 

is amended by inserting ‘‘(2)(B),’’ after ‘‘paragraph’’. 

Subtitle C—Customs User Fees; Continued 

Dumping and Subsidy Offset 

SEC. 821. CUSTOMS USER FEES. 

Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— 

(1) in subparagraph (A), by striking ‘‘December 10, 2018’’ 

and inserting ‘‘September 30, 2019’’; and 

(2) in subparagraph (B)(i), by striking ‘‘November 30, 2018’’ 

and inserting ‘‘September 30, 2019’’. 

SEC. 822. LIMITATION ON DISTRIBUTIONS RELATING TO REPEAL OF 

CONTINUED DUMPING AND SUBSIDY OFFSET. 

Notwithstanding section 1701(b) of the Deficit Reduction Act 

of 2005 (Public Law 109–171; 120 Stat. 154 (19 U.S.C. 1675c note)) 

or any other provision of law, no payments shall be distributed 

under section 754 of the Tariff Act of 1930, as in effect on the 

day before the date of the enactment of such section 1701, with 

respect to the entries of any goods that are, on the date of the 

enactment of this Act— 

(1) unliquidated; and 

(2)(A) not in litigation; or 

(B) not under an order of liquidation from the Department 

of Commerce. 

Subtitle D—Emergency Fund for Indian 

Safety and Health 

SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY AND HEALTH. 

Section 601 of the Tom Lantos and Henry J. Hyde United 

States Global Leadership Against HIV/ AIDS, Tuberculosis, and 

Malaria Reauthorization Act of 2008 (25 U.S.C. 443c) is amended— 

(1) in subsection (b)(1), by striking ‘‘$2,000,000,000’’ and 

inserting ‘‘$1,602,619,000’’; and 

(2) in subsection (f)(2)(B), by striking ‘‘50 percent’’ and 

inserting ‘‘not more than $602,619,000’’. 


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124 STAT. 3164 PUBLIC LAW 111–291—DEC. 8, 2010 

LEGISLATIVE HISTORY—H.R. 4783: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Mar. 10, considered and passed House. 

Nov. 19, considered and passed Senate, amended. 

Nov. 30, House concurred in Senate amendments. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 

Dec. 8, Presidential remarks and statement. 

Æ 

Subtitle E—Rescission of Funds From WIC 

Program 

SEC. 841. RESCISSION OF FUNDS FROM WIC PROGRAM. 

Notwithstanding any other provision of law, of the amounts 

made available in appropriations Acts to provide grants to States 

under the special supplemental nutrition program for women, 

infants, and children established by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $562,000,000 is rescinded. 

Subtitle F—Budgetary Effects 

SEC. 851. BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Approved December 8, 2010. 


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