```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4442 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 662
118th CONGRESS
  2d Session
                                S. 4442

                          [Report No. 118-260]

  To amend the Crow Tribe Water Rights Settlement Act of 2010 to make 
           improvements to that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2024

Mr. Tester (for himself and Mr. Daines) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            December 4, 2024

               Reported by Mr. Schatz, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To amend the Crow Tribe Water Rights Settlement Act of 2010 to make 
           improvements to that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Crow Tribe Water Rights 
Settlement Amendments Act of 2024''.</DELETED>

<DELETED>SEC. 2. CROW TRIBE WATER RIGHTS SETTLEMENT.</DELETED>

<DELETED>    (a) Definitions.--Section 403 of the Crow Tribe Water 
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3097) is 
amended--</DELETED>
        <DELETED>    (1) by striking paragraph (11) and inserting the 
        following:</DELETED>
        <DELETED>    ``(11) MR&I project.--The term `MR&I Project' 
        means an activity described in clauses (i) through (iii) of 
        section 411(e)(3)(F).''; and</DELETED>
        <DELETED>    (2) in paragraph (12)--</DELETED>
                <DELETED>    (A) in the paragraph heading, by striking 
                ``System'' and inserting ``Projects''; and</DELETED>
                <DELETED>    (B) in subparagraphs (A) through (C), by 
                striking ``System'' each place it appears and inserting 
                ``Projects''.</DELETED>
<DELETED>    (b) Repeal of MR&I System.--</DELETED>
        <DELETED>    (1) In general.--Section 406 of the Crow Tribe 
        Water Rights Settlement Act of 2010 (Public Law 111-291; 124 
        Stat. 3102) is repealed.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents for 
        the Claims Resolution Act of 2010 (Public Law 111-291; 124 
        Stat. 3064) is amended by striking the item relating to section 
        406.</DELETED>
<DELETED>    (c) Crow Settlement Fund.--Section 411 of the Crow Tribe 
Water Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 
3113) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``to be 
        administered by the Secretary'' and inserting ``to be managed, 
        invested, and distributed by the Secretary and to remain 
        available until expended, withdrawn, or reverted to the general 
        fund of the Treasury, consisting of amounts deposited in the 
        Fund under subsection (b), together with any investment 
        earnings, including interest, earned on those 
        amounts,'';</DELETED>
        <DELETED>    (2) in subsections (b) and (c), by striking 
        ``section 414'' each place it appears and inserting ``section 
        415'';</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking 
                ``System'' and inserting ``Projects''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(5) The MR&I Projects Account, to be established 
        as soon as practicable after the date of enactment of the Crow 
        Tribe Water Rights Settlement Amendments Act of 2024, 
        consisting of--</DELETED>
                <DELETED>    ``(A) amounts made available pursuant to 
                paragraphs (1) and (2) of section 415(b) that are 
                appropriated after the date of enactment of the Crow 
                Tribe Water Rights Settlement Amendments Act of 2024; 
                and</DELETED>
                <DELETED>    ``(B) amounts to be deposited pursuant to 
                section 415(h)(3)(B).'';</DELETED>
        <DELETED>    (4) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking 
                subparagraph (C) and inserting the following:</DELETED>
                <DELETED>    ``(C) the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et 
                seq.).''; and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``through (E)'' and inserting 
                        ``through (F)'';</DELETED>
                        <DELETED>    (ii) in subparagraph (C)(i), by 
                        striking ``section 412'' and inserting 
                        ``section 413'';</DELETED>
                        <DELETED>    (iii) in subparagraph (E)--
                        </DELETED>
                                <DELETED>    (I) in the subparagraph 
                                heading, by striking ``System'' and 
                                inserting ``Projects''; and</DELETED>
                                <DELETED>    (II) by striking 
                                ``System'' each place it appears and 
                                inserting ``Projects''; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(F) MR&I projects account.--Funds from 
                the MR&I Projects Account shall be used for 
                expenditures by the Tribe for--</DELETED>
                        <DELETED>    ``(i) planning, permitting, 
                        designing, engineering, constructing, 
                        reconstructing, replacing, rehabilitating, 
                        operating, or repairing water production, 
                        treatment, or delivery infrastructure, 
                        including for domestic and municipal use or 
                        wastewater infrastructure;</DELETED>
                        <DELETED>    ``(ii) purchasing on-Reservation 
                        land with water rights; and</DELETED>
                        <DELETED>    ``(iii) complying with applicable 
                        environmental laws.'';</DELETED>
        <DELETED>    (5) in subsection (f)(2), by striking ``section 
        414'' and inserting ``section 415''; and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
<DELETED>    ``(i) Title to Infrastructure.--Title to, control over, 
and operation of any project constructed using funds from the MR&I 
Projects Account shall remain in the Tribe.</DELETED>
<DELETED>    ``(j) Operation, Maintenance, and Replacement.--The 
Federal Government shall have no obligation to pay for the operation, 
maintenance, or replacement of any MR&I Project.''.</DELETED>
<DELETED>    (d) Crow CIP Implementation Account.--The Crow Tribe Water 
Rights Settlement Act of 2010 (31 U.S.C. 1101 note; Public Law 111-291) 
is amended--</DELETED>
        <DELETED>    (1) by redesignating sections 412 through 416 as 
        sections 413 through 417, respectively; and</DELETED>
        <DELETED>    (2) by inserting after section 411 the 
        following:</DELETED>

<DELETED>``SEC. 412. CROW CIP IMPLEMENTATION ACCOUNT.</DELETED>

<DELETED>    ``(a) Establishment.--The Secretary shall establish a 
nontrust, interest-bearing account, to be known as the `Crow CIP 
Implementation Account', to be managed and distributed by the 
Secretary.</DELETED>
<DELETED>    ``(b) Deposits.--The Secretary shall deposit in the Crow 
CIP Implementation Account--</DELETED>
        <DELETED>    ``(1) amounts made available pursuant to 
        paragraphs (1) and (2) of section 415(a) that are appropriated 
        after the date of enactment of the Crow Tribe Water Rights 
        Settlement Amendments Act of 2024; and</DELETED>
        <DELETED>    ``(2) amounts to be deposited pursuant to section 
        415(h)(3)(A).</DELETED>
<DELETED>    ``(c) Uses.--Amounts in the Crow CIP Implementation 
Account shall be used to carry out section 405.</DELETED>
<DELETED>    ``(d) Interest.--In addition to the deposits made into the 
Crow CIP Implementation Account pursuant to subsection (b), any 
investment earnings, including interest credited to amounts unexpended 
in the Crow CIP Implementation Account, shall be available for use in 
accordance with subsection (c).''.</DELETED>
<DELETED>    (e) Yellowtail Dam, Montana.--Subsection (b)(1) of section 
413 of the Crow Tribe Water Rights Settlement Act of 2010 (Public Law 
111-291; 124 Stat. 3116) (as redesignated by subsection (d)(1)) is 
amended by striking ``15 years'' and inserting ``20 years''.</DELETED>
<DELETED>    (f) Funding.--Section 415 of the Crow Tribe Water Rights 
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3120) (as 
redesignated by subsection (d)(1)) is amended--</DELETED>
        <DELETED>    (1) in subsection (e)--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``System'' and inserting ``Projects''; and</DELETED>
                <DELETED>    (B) by striking ``System'' and inserting 
                ``Projects'';</DELETED>
        <DELETED>    (2) in subsection (h), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(3) Joint signature accounts.--The Secretary 
        shall take all actions necessary to authorize the withdrawal of 
        funds, including principal and interest, held and maintained in 
        joint signature accounts in accordance with the 
        following:</DELETED>
                <DELETED>    ``(A) Crow implementation account.--In the 
                special joint signature account named `CIP Account' 
                established pursuant to the agreement with the Tribe 
                dated October 19, 2011, for the purpose of transferring 
                and depositing those funds in the Crow CIP 
                Implementation Account established by the Secretary 
                pursuant to section 412(a).</DELETED>
                <DELETED>    ``(B) MR&I projects account.--In the 
                special joint signature account named `MR&I Account' 
                established pursuant to the agreement with the Tribe 
                dated September 13, 2012, for the purpose of 
                transferring and depositing those funds in the MR&I 
                Projects Account established pursuant to section 
                411(c)(5).''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(j) MR&I Projects Account Fluctuations in Costs.--
</DELETED>
        <DELETED>    ``(1) Indexing adjustment.--Amounts deposited in 
        the MR&I Projects Account pursuant to section 411(c)(5)(A) 
        shall be increased or decreased, as appropriate, by such 
        amounts as may be justified by reason of ordinary fluctuations 
        in costs occurring after May 1, 2008, as indicated by the 
        Bureau of Reclamation Construction Cost Index-Composite 
        Trend.</DELETED>
        <DELETED>    ``(2) Period of indexing.--The period of indexing 
        adjustment under paragraph (1), for any increment of funding, 
        shall end on the date on which the amounts are deposited in the 
        MR&I Projects Account.''.</DELETED>
<DELETED>    (g) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 403(9) of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3098) is 
        amended by striking ``(25 U.S.C. 450b)'' and inserting ``(25 
        U.S.C. 5304)''.</DELETED>
        <DELETED>    (2) Section 409(b) of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3108) is 
        amended, in each of paragraphs (1) and (2), by striking 
        ``section 414'' and inserting ``section 415''.</DELETED>
        <DELETED>    (3) Section 410(e)(1) of the Crow Tribe Water 
        Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 
        3112) is amended--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking 
                ``section 414'' and inserting ``section 415''; 
                and</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking 
                ``agreements with the Tribe required by sections 405(a) 
                and 406(a)'' and inserting ``agreement with the Tribe 
                required by section 405(a)''.</DELETED>
        <DELETED>    (4) Section 416 of the Crow Tribe Water Rights 
        Settlement Act of 2010 (31 U.S.C. 1105 note; Public Law 111-
        291) (as redesignated by subsection (d)(1)) is amended, in each 
        of paragraphs (3) and (4), by striking ``section 414'' and 
        inserting ``section 415''.</DELETED>
<DELETED>    (h) Clerical Amendment.--The table of contents for the 
Claims Resolution Act of 2010 (Public Law 111-291; 124 Stat. 3064) is 
amended by striking the items relating to sections 407 through 416 and 
inserting the following:</DELETED>

<DELETED>``Sec. 407. Tribal water rights.
<DELETED>``Sec. 408. Storage allocation from Bighorn Lake.
<DELETED>``Sec. 409. Satisfaction of claims.
<DELETED>``Sec. 410. Waivers and releases of claims.
<DELETED>``Sec. 411. Crow Settlement Fund.
<DELETED>``Sec. 412. Crow CIP Implementation Account.
<DELETED>``Sec. 413. Yellowtail Dam, Montana.
<DELETED>``Sec. 414. Miscellaneous provisions.
<DELETED>``Sec. 415. Funding.
<DELETED>``Sec. 416. Repeal on failure to meet enforceability date.
<DELETED>``Sec. 417. Antideficiency.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crow Tribe Water Rights Settlement 
Amendments Act of 2024''.

SEC. 2. CROW TRIBE WATER RIGHTS SETTLEMENT.

    (a) Definitions.--Section 403 of the Crow Tribe Water Rights 
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3097) is 
amended--
            (1) by striking paragraph (11) and inserting the following:
            ``(11) MR&I project.--The term `MR&I Project' means an 
        activity described in clauses (i) through (iii) of section 
        411(e)(3)(F).''; and
            (2) in paragraph (12)--
                    (A) in the paragraph heading, by striking 
                ``System'' and inserting ``Projects''; and
                    (B) in subparagraphs (A) through (C), by striking 
                ``System'' each place it appears and inserting 
                ``Projects''.
    (b) Repeal of MR&I System.--
            (1) In general.--Section 406 of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3102) is 
        repealed.
            (2) Clerical amendment.--The table of contents for the 
        Claims Resolution Act of 2010 (Public Law 111-291; 124 Stat. 
        3064) is amended by striking the item relating to section 406.
    (c) Crow Settlement Fund.--Section 411 of the Crow Tribe Water 
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3113) is 
amended--
            (1) in subsection (a), by striking ``to be administered by 
        the Secretary'' and inserting ``to be managed, invested, and 
        distributed by the Secretary and to remain available until 
        expended, withdrawn, or reverted to the general fund of the 
        Treasury, consisting of amounts deposited in the Fund under 
        subsection (b), together with any investment earnings, 
        including interest, earned on those amounts,'';
            (2) in subsections (b) and (c), by striking ``section 414'' 
        each place it appears and inserting ``section 415'';
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``System'' and 
                inserting ``Projects''; and
                    (B) by adding at the end the following:
            ``(5) The MR&I Projects Account, to be established as soon 
        as practicable after the date of enactment of the Crow Tribe 
        Water Rights Settlement Amendments Act of 2024, consisting of--
                    ``(A) amounts made available pursuant to paragraphs 
                (1) and (2) of section 415(b) that are appropriated 
                after the date of enactment of the Crow Tribe Water 
                Rights Settlement Amendments Act of 2024; and
                    ``(B) amounts to be deposited pursuant to section 
                415(h)(2).'';
            (4) in subsection (e)--
                    (A) in paragraph (2), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.).''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``through (E)'' and inserting ``through (F)'';
                            (ii) in subparagraph (C)(i), by striking 
                        ``section 412'' and inserting ``section 413'';
                            (iii) in subparagraph (E)--
                                    (I) in the subparagraph heading, by 
                                striking ``System'' and inserting 
                                ``Projects''; and
                                    (II) by striking ``System'' each 
                                place it appears and inserting 
                                ``Projects''; and
                            (iv) by adding at the end the following:
                    ``(F) MR&I projects account.--Funds from the MR&I 
                Projects Account shall be used for expenditures by the 
                Tribe in accordance with the following:
                            ``(i) Priority use of funds.--The Tribe 
                        shall use funds from the MR&I Projects 
                        Account--
                                    ``(I) to plan, permit, design, 
                                engineer, construct, reconstruct, 
                                replace, rehabilitate, operate, or 
                                repair water production, treatment, or 
                                delivery infrastructure, including for 
                                domestic and municipal use or 
                                wastewater infrastructure; and
                                    ``(II) to comply with applicable 
                                environmental laws for the activities 
                                described in subclause (I).
                            ``(ii) Other use of funds.--After providing 
                        written notice to the Secretary that on-
                        Reservation MR&I projects described in clause 
                        (i) are complete, the Tribe may use funds 
                        remaining in the MR&I Projects Account to 
                        purchase on-Reservation land with water 
                        rights.'';
            (5) in subsection (f)(2), by striking ``section 414'' and 
        inserting ``section 415''; and
            (6) by adding at the end the following:
    ``(i) Title to Infrastructure.--Title to, control over, and 
operation of any project constructed using funds from the MR&I Projects 
Account shall remain in the Tribe.
    ``(j) Operation, Maintenance, and Replacement.--The Federal 
Government shall have no obligation to pay for the operation, 
maintenance, or replacement of any MR&I Project.''.
    (d) Crow CIP Implementation Account.--The Crow Tribe Water Rights 
Settlement Act of 2010 (31 U.S.C. 1101 note; Public Law 111-291) is 
amended--
            (1) by redesignating sections 412 through 416 as sections 
        413 through 417, respectively; and
            (2) by inserting after section 411 the following:

``SEC. 412. CROW CIP IMPLEMENTATION ACCOUNT.

    ``(a) Establishment.--The Secretary shall establish a nontrust, 
interest-bearing account, to be known as the `Crow CIP Implementation 
Account', to be managed and distributed by the Secretary.
    ``(b) Deposits.--The Secretary shall deposit in the Crow CIP 
Implementation Account--
            ``(1) amounts made available pursuant to paragraphs (1) and 
        (2) of section 415(a) that are appropriated after the date of 
        enactment of the Crow Tribe Water Rights Settlement Amendments 
        Act of 2024; and
            ``(2) amounts to be deposited pursuant to section 
        415(h)(1).
    ``(c) Uses.--Amounts in the Crow CIP Implementation Account shall 
be used to carry out section 405.
    ``(d) Interest.--In addition to the deposits made into the Crow CIP 
Implementation Account pursuant to subsection (b), any investment 
earnings, including interest credited to amounts unexpended in the Crow 
CIP Implementation Account, shall be available for use in accordance 
with subsection (c).''.
    (e) Yellowtail Dam, Montana.--Subsection (b)(1) of section 413 of 
the Crow Tribe Water Rights Settlement Act of 2010 (Public Law 111-291; 
124 Stat. 3116) (as redesignated by subsection (d)(1)) is amended by 
striking ``15 years'' and inserting ``20 years''.
    (f) Funding.--Section 415 of the Crow Tribe Water Rights Settlement 
Act of 2010 (Public Law 111-291; 124 Stat. 3120) (as redesignated by 
subsection (d)(1)) is amended--
            (1) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``System'' and inserting ``Projects''; and
                    (B) by striking ``System'' and inserting 
                ``Projects'';
            (2) by striking subsection (h) and inserting the following:
    ``(h) Joint Signature Accounts.--The Secretary shall take all 
actions necessary to authorize the withdrawal of funds, including 
principal and interest, held and maintained in joint signature accounts 
in accordance with the following:
            ``(1) Crow cip implementation account.--In the special 
        joint signature account named `CIP Account' established 
        pursuant to the agreement with the Tribe dated October 19, 
        2011, for the purpose of transferring and depositing those 
        funds in the Crow CIP Implementation Account established under 
        section 412(a).
            ``(2) MR&I projects account.--In the special joint 
        signature account named `MR&I Account' established pursuant to 
        the agreement with the Tribe dated September 13, 2012, for the 
        purpose of transferring and depositing those funds in the MR&I 
        Projects Account established pursuant to section 411(c)(5).''; 
        and
            (3) by adding at the end the following:
    ``(j) MR&I Projects Account Fluctuations in Costs.--
            ``(1) Indexing adjustment.--Amounts deposited in the MR&I 
        Projects Account pursuant to section 411(c)(5)(A) shall be 
        increased or decreased, as appropriate, by such amounts as may 
        be justified by reason of ordinary fluctuations in costs 
        occurring after May 1, 2008, as indicated by the Bureau of 
        Reclamation Construction Cost Index-Composite Trend.
            ``(2) Period of indexing.--The period of indexing 
        adjustment under paragraph (1), for any increment of funding, 
        shall end on the date on which the amounts are deposited in the 
        MR&I Projects Account.''.
    (g) Technical and Conforming Amendments.--
            (1) Section 403(9) of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3098) is 
        amended by striking ``(25 U.S.C. 450b)'' and inserting ``(25 
        U.S.C. 5304)''.
            (2) Section 409(b) of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3108) is 
        amended, in each of paragraphs (1) and (2), by striking 
        ``section 414'' and inserting ``section 415''.
            (3) Section 410(e)(1) of the Crow Tribe Water Rights 
        Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3112) is 
        amended--
                    (A) in subparagraph (B), by striking ``section 
                414'' and inserting ``section 415''; and
                    (B) in subparagraph (C), by striking ``agreements 
                with the Tribe required by sections 405(a) and 406(a)'' 
                and inserting ``agreement with the Tribe required by 
                section 405(a)''.
            (4) Section 416 of the Crow Tribe Water Rights Settlement 
        Act of 2010 (31 U.S.C. 1105 note; Public Law 111-291) (as 
        redesignated by subsection (d)(1)) is amended, in each of 
        paragraphs (3) and (4), by striking ``section 414'' and 
        inserting ``section 415''.
    (h) Clerical Amendment.--The table of contents for the Claims 
Resolution Act of 2010 (Public Law 111-291; 124 Stat. 3064) is amended 
by striking the items relating to sections 407 through 416 and 
inserting the following:

``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. Crow CIP Implementation Account.
``Sec. 413. Yellowtail Dam, Montana.
``Sec. 414. Miscellaneous provisions.
``Sec. 415. Funding.
``Sec. 416. Repeal on failure to meet enforceability date.
``Sec. 417. Antideficiency.''.
                                                       Calendar No. 662

118th CONGRESS

  2d Session

                                S. 4442

                          [Report No. 118-260]

_______________________________________________________________________

                                 A BILL

  To amend the Crow Tribe Water Rights Settlement Act of 2010 to make 
           improvements to that Act, and for other purposes.

_______________________________________________________________________

                            December 4, 2024

                       Reported with an amendment
```