I 

111TH CONGRESS 

1ST SESSION H. R. 845 

To authorize the Crow Tribe of Indians water rights settlement, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To authorize the Crow Tribe of Indians water rights 

settlement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Crow Tribe Water 

5 Rights Settlement Act of 2009’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to achieve a fair, equitable, and final settle9 ment of claims to water rights in the State of Mon10 tana for— 


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1 (A) the Crow Tribe; and 

2 (B) the United States for the benefit of 

3 the Tribe and allottees; 

4 (2) to authorize, ratify, and confirm the Crow 

5 Tribe-Montana Water Rights Compact entered into 

6 by the Tribe and the State on June 22, 1999; 

7 (3) to authorize and direct the Secretary of the 

8 Interior— 

9 (A) to execute the Crow Tribe-Montana 

10 Water Rights Compact; and 

11 (B) to take any other action necessary to 

12 carry out the Compact in accordance with this 

13 Act; and 

14 (4) to authorize the appropriation of funds nec15 essary for the implementation of the Compact and 

16 this Act. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

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

20 any individual who holds a beneficial real property 

21 interest in an allotment of Indian land that is— 

22 (A) located within the Reservation or the 

23 ceded strip; and 

24 (B) held in trust by the United States. 


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1 (2) CEDED STRIP.—The term ‘‘ceded strip’’ 

2 means the area identified on the map attached as 

3 appendix 5 to the Compact. 

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

5 means— 

6 (A) any recurring or ongoing activity asso7 ciated with the day-to-day operation of the 

8 Crow Irrigation Project; 

9 (B) any activity relating to scheduled or 

10 unscheduled maintenance of the Crow Irrigation 

11 Project; and 

12 (C) any activity relating to replacement of 

13 a feature of the Crow Irrigation Project. 

14 (4) COMPACT.—The term ‘‘Compact’’ means 

15 the water rights compact between the Tribe and the 

16 State contained in section 85–20–901 of the Mon17 tana Code Annotated (2007) (including any exhibit 

18 or part of or amendment to the Compact). 

19 (5) CROW IRRIGATION PROJECT.— 

20 (A) IN GENERAL.—The term ‘‘Crow Irri21 gation Project’’means the irrigation project— 

22 (i) authorized by section 31 of the Act 

23 of March 3, 1891 (26 Stat. 1040); 

24 (ii) managed by the Secretary (acting 

25 through the Bureau of Indian Affairs); and 


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1 (iii) consisting of the project units 

2 of— 

3 (I) Agency; 

4 (II) Big Horn; 

5 (III) Forty Mile; 

6 (IV) Lodge Grass #1; 

7 (V) Lodge Grass #2; 

8 (VI) Pryor; 

9 (VII) Reno; 

10 (VIII) Soap Creek; and 

11 (IX) Upper Little Horn. 

12 (B) INCLUSION.—The term ‘‘Crow Irriga13 tion Project’’ includes land held in trust by the 

14 United States for the Tribe and the allottees in 

15 the Bozeman Trail and Two Leggins irrigation 

16 districts. 

17 (6) CROW SETTLEMENT FUND.—The term 

18 ‘‘Crow Settlement Fund’’ means the fund estab19 lished by section 11(a). 

20 (7) ECONOMIC DEVELOPMENT.—The term 

21 ‘‘Economic Development’’ means any activity the 

22 Tribe determines to further the economic develop23 ment of the Tribe. 

24 (8) ENFORCEABILITY DATE.—The term ‘‘en25 forceability date’’ means the date on which the SecVerDate Nov 24 2008 02:58 Feb 06, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845

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1 retary publishes in the Federal Register the state2 ment of findings described in section 10(e). 

3 (9) FINAL.—The term ‘‘final’’ with reference to 

4 approval of the decree described in section 

5 10(e)(1)(A) means— 

6 (A) completion of any direct appeal to the 

7 Montana Supreme Court of a decree by the 

8 Montana Water Court pursuant to section 85– 

9 2–235 of the Montana Code Annotated (2007), 

10 including the expiration of time for filing of any 

11 such appeal; or 

12 (B) completion of any appeal to the appro13 priate United States Court of Appeals, includ14 ing the expiration of time in which a petition 

15 for certiorari may be filed in the United States 

16 Supreme Court, denial of such petition, or 

17 issuance of the United States Supreme Court’s 

18 mandate, whichever occurs last. 

19 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 has the meaning given the term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 450b). 

23 (11) JOINT STIPULATION OF SETTLEMENT.— 

24 The term ‘‘joint stipulation of settlement’’ means 

25 the joint stipulation of settlement relating to the 


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1 civil action styled Crow Tribe of Indians v. Norton, 

2 No. 02–284 (D.D.C. 2006). 

3 (12) MR&I SYSTEM.— 

4 (A) IN GENERAL.—The term ‘‘MR&I Sys5 tem’’ means the municipal, rural, and industrial 

6 water system of the Reservation, generally de7 scribed in the document entitled ‘‘Crow Indian 

8 Reservation Municipal, Rural and Industrial 

9 Water System Engineering Report’’ prepared 

10 by HKM Engineering, Inc., and dated July 

11 2008. 

12 (B) INCLUSIONS.—The term ‘‘MR&I Sys13 tem’’ includes— 

14 (i) the raw water intake, water treat15 ment plant, pipelines, storage tanks, pump16 ing stations, pressure-reducing valves, elec17 trical transmission facilities, and other 

18 items (including real property and ease19 ments necessary to deliver potable water to 

20 the Reservation) appurtenant to the sys21 tem described in subparagraph (A); and 

22 (ii) in descending order of construc23 tion priority— 

24 (I) the Big Horn River Valley 

25 Subsystem; and 


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1 (II) the Little Big Horn River 

2 Valley Subsystem. 

3 (13) MR&I SYSTEM OM&R.—The term ‘‘MR&I 

4 System OM&R’’ means— 

5 (A) any recurring or ongoing activity asso6 ciated with the day-to-day operation of the 

7 MR&I System; 

8 (B) any activity relating to scheduled or 

9 unscheduled maintenance of the MR&I System; 

10 and 

11 (C) any activity relating to replacement of 

12 project features of the MR&I System. 

13 (14) RESERVATION.—The term ‘‘Reservation’’ 

14 means the area identified on the map attached as 

15 appendix 4 to the Compact. 

16 (15) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of the Interior. 

18 (16) STATE.—The term ‘‘State’’ means the 

19 State of Montana. 

20 (17) TRIBAL COMPACT ADMINISTRATION.—The 

21 term ‘‘Tribal Compact Administration’’ means any 

22 activity relating to— 

23 (A) the development or enactment by the 

24 Tribe of the tribal water code; 


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1 (B) establishment by the Tribe of a water 

2 resources department; and 

3 (C) the operation by the Tribe of that 

4 water resources department (or a successor 

5 agency) during the 10-year period beginning on 

6 the date of establishment of the department. 

7 (18) TRIBAL WATER CODE.—The term ‘‘tribal 

8 water code’’ means a water code adopted by the 

9 Tribe in accordance with section 7(f). 

10 (19) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

11 water rights’’ means— 

12 (A) the water rights of the Tribe described 

13 in the Compact; and 

14 (B) the water rights provided to the Tribe 

15 under section 8. 

16 (20) TRIBE.—The term ‘‘Tribe’’ means the 

17 Crow Tribe of Indians of the State of Montana on 

18 behalf of itself and its members (but not its mem19 bers in their capacities as allottees). 

20 (21) YELLOWTAIL DAM OM&R.—The term 

21 ‘‘Yellowtail Dam OM&R’’ means the charges levied 

22 by the Bureau of Reclamation for operation, mainte23 nance, and repair costs in association with storage 

24 contracts for water stored in Bighorn Lake. 


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1 (22) WATER DEVELOPMENT PROJECT.—The 

2 term ‘‘Water Development Project’’ means any fu3 ture potable water system developed by the Tribe to 

4 serve the other portions of the Reservation, or such 

5 water development projects as the Tribe determines 

6 to be appropriate to fulfill the water needs of its 

7 members. 

8 SEC. 4. RATIFICATION OF COMPACT. 

9 (a) IN GENERAL.—Except as modified by this Act, 

10 and to the extent the Compact does not conflict with this 

11 Act, the Compact is authorized, ratified, and confirmed. 

12 To the extent amendments are executed to make the Com13 pact consistent with this Act, such amendments are also 

14 authorized, ratified, and confirmed. 

15 (b) EXECUTION OF COMPACT.—To the extent that 

16 the Compact does not conflict with this Act, the Secretary 

17 is directed to and shall promptly execute the Compact, in18 cluding all exhibits to or parts of the Compact requiring 

19 the signature of the Secretary. Nothing herein precludes 

20 the Secretary from approving modifications to appendices 

21 or exhibits to the Compact not inconsistent with this Act, 

22 to the extent such modifications do not otherwise require 

23 Congressional approval pursuant to the Trade and Inter24 course Act, 25 U.S.C. 177, or pursuant to other Federal 

25 statute. 


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1 (c) NATIONAL ENVIRONMENTAL POLICY ACT OF

2 1969.— 

3 (1) ENVIRONMENTAL COMPLIANCE.—In imple4 menting the Compact, the Secretary shall promptly 

5 comply with all applicable aspects of the National 

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

7 et seq.), the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.), and all other applicable envi9 ronmental Acts and regulations. 

10 (2) EXECUTION OF THE COMPACT.—Execution 

11 of the Compact by the Secretary under this section 

12 shall not constitute a major Federal action under 

13 the National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.). The Secretary is directed to 

15 carry out all Federal compliance necessary to imple16 ment the Compact. 

17 SEC. 5. REHABILITATION AND IMPROVEMENT OF THE 

18 CROW IRRIGATION PROJECT. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Commissioner of Reclamation, shall carry out such activi21 ties as are necessary to rehabilitate and improve the water 

22 diversion and delivery features of the Crow Irrigation 

23 Project, in accordance with an agreement to be negotiated 

24 between the Secretary and the Tribe. 


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1 (b) LEAD AGENCY.—The Bureau of Reclamation 

2 shall serve as the lead agency with respect to any activity 

3 to rehabilitate or improve the water diversion or delivery 

4 features of the Crow Irrigation Project. 

5 (c) SCOPE.—The scope of the rehabilitation and im6 provement under this section shall be as described in the 

7 document entitled ‘‘Engineering Evaluation of Existing 

8 Conditions, Crow Agency Rehabilitation Study’’ prepared 

9 by HKM Engineering, Inc., and dated July 2008. 

10 (d) COSTS TO TRIBE.—Costs incurred by the Sec11 retary in carrying out an agreement under subsection (a) 

12 that are allocated to the Tribe shall be nonreimbursable. 

13 (e) FUNDING.—The Secretary’s obligation pursuant 

14 to this section shall not exceed $160,653,000, except that 

15 the total amount of $160,653,000 shall be increased or 

16 decreased, as appropriate, based on ordinary fluctuations 

17 from May 1, 2008, in construction cost indices applicable 

18 to the types of construction involved in the rehabilitation 

19 and improvement. 

20 (f) AGREEMENT.—At the request of the Tribe, in ac21 cordance with applicable Federal law, the Secretary shall 

22 enter into an agreement with the Tribe to implement the 

23 provisions of this section by which the Tribe shall plan, 

24 design, and construct any or all of the rehabilitation and 

25 improvement required by this section. 


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1 SEC. 6. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

2 (a) IN GENERAL.—The Secretary, acting through the 

3 Commissioner of Reclamation, shall carry out such activi4 ties as are necessary to design and construct the water 

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

6 accordance with an agreement to be negotiated between 

7 the Secretary and the Tribe. 

8 (b) LEAD AGENCY.—The Bureau of Reclamation 

9 shall serve as the lead agency with respect to any activity 

10 to design and construct the water diversion and delivery 

11 features of the MR&I System. 

12 (c) SCOPE.—The scope of the design and construc13 tion under this section shall be as described in the docu14 ment entitled ‘‘Crow Indian Reservation Municipal, Rural 

15 and Industrial Water System Engineering Report’’ pre16 pared by HKM Engineering, Inc., and dated July 2008. 

17 (d) COSTS TO TRIBE.—Costs incurred by the Sec18 retary in carrying out an agreement under subsection (a) 

19 that are allocated to the Tribe shall be nonreimbursable. 

20 (e) FUNDING.—The Secretary’s obligation pursuant 

21 to this section shall not exceed $200,840,000, except that 

22 the total amount of $200,840,000 shall be increased or 

23 decreased, as appropriate, based on ordinary fluctuations 

24 from May 1, 2008, in construction cost indices applicable 

25 to the types of construction involved in the design and con26 struction. 


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1 (f) AGREEMENT.—At the request of the Tribe, in ac2 cordance with applicable Federal law, the Secretary shall 

3 enter into an agreement with the Tribe to implement the 

4 provisions of this section by which the Tribe shall plan, 

5 design, and construct any or all of the design and con6 struction required by this section. 

7 SEC. 7. TRIBAL WATER RIGHTS. 

8 (a) INTENT OF CONGRESS.—It is the intent of Con9 gress to provide to each allottee benefits that are equiva10 lent to or exceed the benefits allottees currently possess, 

11 taking into consideration— 

12 (1) the potential risks, cost, and time delay as13 sociated with litigation that would be resolved by the 

14 Compact and this Act; 

15 (2) the availability of funding under this Act 

16 and from other sources; 

17 (3) the availability of water from the tribal 

18 water rights; and 

19 (4) the applicability of section 7 of the Act of 

20 February 8, 1887 (25 U.S.C. 381) and this Act to 

21 protect the interests of allottees. 

22 (b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

23 (1) IN GENERAL.—The tribal water rights are 

24 ratified, confirmed, and declared to be valid. 


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1 (2) USE.—Use of the tribal water rights shall 

2 be subject to the terms and conditions established by 

3 the Compact. 

4 (c) HOLDING IN TRUST.—The tribal water rights 

5 shall be held in trust by the United States for the use 

6 and benefit of the Tribe, and the allottees in accordance 

7 with this section. 

8 (d) ALLOTTEES.—As specified in and provided for in 

9 this Act: 

10 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

11 1887.—The provisions of section 7 of the Act of Feb12 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

13 of water for irrigation purposes shall apply to the 

14 tribal water rights. 

15 (2) ENTITLEMENT TO WATER.—Any entitle16 ment to water of an allottee under Federal law shall 

17 be satisfied from the tribal water rights. 

18 (3) ALLOCATIONS.—Allottees shall be entitled 

19 to a just and equitable allocation of water for irriga20 tion purposes. 

21 (4) SATISFACTION OF CLAIMS.—The water 

22 rights and other benefits granted by this Act shall 

23 be considered full satisfaction of any claim of an al24 lottee waived pursuant to section 10(a)(2). 


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1 (5) EXHAUSTION OF REMEDIES.—Before as2 serting any claim against the United States under 

3 section 7 of the Act of February 8, 1887 (25 U.S.C. 

4 381), or any other applicable law, an allottee shall 

5 exhaust remedies available under the tribal water 

6 code or other applicable tribal law. 

7 (6) CLAIMS.—Following exhaustion of remedies 

8 available under the tribal water code or other appli9 cable tribal law, an allottee may seek relief under 

10 section 7 of the Act of February 8, 1887 (25 U.S.C. 

11 381), or other applicable law. 

12 (7) AUTHORITY.—The Secretary shall have the 

13 authority to protect allottees’ rights as specified in 

14 this section. 

15 (e) AUTHORITY OF TRIBE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the Tribe shall have authority to allocate, 

18 distribute, and lease the tribal water rights— 

19 (A) in accordance with the Compact; and 

20 (B) subject to approval of the Secretary of 

21 the tribal water code under subsection 

22 (f)(3)(B). 

23 (2) LEASES BY ALLOTTEES.—Notwithstanding 

24 paragraph (1), an allottee may lease any interest in 

25 land held by the allottee, together with any water 


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1 right determined to be appurtenant to the interest in 

2 land. 

3 (f) TRIBAL WATER CODE.— 

4 (1) IN GENERAL.—Notwithstanding the time 

5 period set forth in article (IV)(A)(2)(b) of the Com6 pact, not later than 1 year after the enforceability 

7 date, the Tribe shall enact a tribal water code, that 

8 provides for— 

9 (A) the management, regulation and gov10 ernance of all uses of the tribal water rights in 

11 accordance with the Compact; and 

12 (B) establishment by the Tribe of condi13 tions, permit requirements, and other limita14 tions relating to the storage, recovery, and use 

15 of the tribal water rights in accordance with the 

16 Compact. 

17 (2) INCLUSIONS.—Subject to the approval of 

18 the Secretary, the tribal water code shall provide 

19 that— 

20 (A) tribal allocations of water to allottees 

21 shall be satisfied with water from the tribal 

22 water rights; 

23 (B) charges for delivery of water for irriga24 tion purposes for allottees shall be assessed on 

25 a just and equitable basis; 


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1 (C) there is a process by which an allottee 

2 may request that the Tribe provide water for ir3 rigation use in accordance with this Act; 

4 (D) there is a due process system for the 

5 consideration and determination by the Tribe of 

6 any request by an allottee, or any successor in 

7 interest to an allottee, for an allocation of such 

8 water for irrigation purposes on allotted land, 

9 including a process for— 

10 (i) appeal and adjudication of any de11 nied or disputed distribution of water; and 

12 (ii) resolution of any contested admin13 istrative decision; and 

14 (E) there is a requirement that any allot15 tee with a claim relating to the enforcement of 

16 rights of the allottee under the tribal water 

17 code or relating to the amount of water allo18 cated to land of the allottee must first exhaust 

19 remedies available to the allottee under tribal 

20 law and the tribal water code before initiating 

21 an action against the United States or peti22 tioning the Secretary pursuant to subsection 

23 (d)(6). 

24 (3) ACTION BY SECRETARY.— 


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1 (A) IN GENERAL.—The Secretary shall ad2 minister the tribal water rights until the tribal 

3 water code is enacted in accordance with para4 graph (1) and those provisions requiring ap5 proval pursuant to paragraph (2). 

6 (B) APPROVAL.—The tribal water code 

7 shall not be valid unless— 

8 (i) the provisions of the tribal water 

9 code required by paragraph (2) are ap10 proved by the Secretary; and 

11 (ii) each amendment to the tribal 

12 water code that affects a right of an allot13 tee is approved by the Secretary. 

14 (C) APPROVAL PERIOD.— 

15 (i) IN GENERAL.—Except as provided 

16 by clause (ii), if the Secretary does not ap17 prove or disapprove the tribal water code 

18 before the date that is 180 days after the 

19 date on which the tribal water code is sub20 mitted to the Secretary for approval, the 

21 tribal water code shall be considered to 

22 have been approved by the Secretary to the 

23 extent that it is not inconsistent with the 

24 Compact or this Act. 


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1 (ii) MUTUAL EXTENSION OF AP2 PROVAL PERIOD.—The tribal water code 

3 may not be considered to have been ap4 proved by the Secretary under clause (i) if 

5 the Secretary and the Tribe agree to ex6 tend the approval period. 

7 (g) EFFECT.—Except as otherwise specifically pro8 vided in this section, nothing in this Act— 

9 (1) authorizes any action by an allottee against 

10 any individual or entity, or against the Tribe, under 

11 Federal, State, tribal, or local law; or 

12 (2) alters or affects the status of any action 

13 pursuant to section 1491(a) of title 28, United 

14 States Code. 

15 SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE. 

16 (a) STORAGE ALLOCATION TO TRIBE.— 

17 (1) IN GENERAL.—As described in and subject 

18 to article III(A)(1)(b) of the Compact, the Secretary 

19 shall allocate to the Tribe 300,000 acre-feet per year 

20 of water stored in Bighorn Lake, Yellowtail Unit, 

21 Lower Bighorn Division, Pick Sloan Missouri Basin 

22 Program, Montana, under a water right held by the 

23 United States and managed by the Bureau of Rec24 lamation, as measured at the outlet works of 

25 Yellowtail Dam, including— 


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1 (A) not more than 150,000 acre-feet per 

2 year of the allocation, which may be used in ad3 dition to the natural flow right described in ar4 ticle III(A)(1)(a) of the Compact; and 

5 (B) 150,000 acre-feet per year of the allo6 cation, which may be used only as supplemental 

7 water for the natural flow right described in ar8 ticle III(A)(1)(a) of the Compact for use in 

9 times of natural flow shortage. 

10 (2) TREATMENT.— 

11 (A) IN GENERAL.—The allocation under 

12 paragraph (1) shall be considered to be part of 

13 the tribal water rights. 

14 (B) PRIORITY DATE.—The priority date of 

15 the allocation under paragraph (1) shall be the 

16 priority date of the water right held by the Bu17 reau of Reclamation. 

18 (C) ADMINISTRATION.— 

19 (i) IN GENERAL.—The Tribe shall ad20 minister the water allocated under para21 graph (1) in accordance with the Compact. 

22 (ii) TEMPORARY TRANSFER.—In ac23 cordance with subsection (c), the Tribe 

24 may temporarily transfer by service con25 tract, lease, exchange, or other agreement, 


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1 not more than 50,000 acre-feet of water 

2 allocated under paragraph (1)(A) off the 

3 Reservation, subject to the approval of the 

4 Secretary and the requirements of the 

5 Compact. 

6 (b) ALLOCATION AGREEMENT.— 

7 (1) IN GENERAL.—As a condition of receiving 

8 an allocation under this section, the Tribe shall 

9 enter into an allocation agreement with the Sec10 retary to establish the terms and conditions of the 

11 allocation, in accordance with the terms and condi12 tions of the Compact and this Act. 

13 (2) INCLUSIONS.—The allocation agreement 

14 under paragraph (1) shall include, among other 

15 things, a provision that— 

16 (A) it is without limit as to term; 

17 (B) the Tribe, and not the United States, 

18 shall be entitled to all consideration due to the 

19 Tribe under any lease, contract, or agreement 

20 the Tribe may enter into pursuant to the au21 thority in subsection (c); 

22 (C) the United States shall have no trust 

23 obligation or other obligation to monitor, ad24 minister, or account for— 


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1 (i) any funds received by the Tribe as 

2 consideration under any lease, contract, or 

3 agreement the Tribe may enter into pursu4 ant to the authority in subsection (c); or 

5 (ii) the expenditure of such funds; 

6 (D) if the facilities at Yellowtail Dam are 

7 significantly reduced or are anticipated to be 

8 significantly reduced for an extended period of 

9 time, the Tribe shall have the same storage 

10 rights as other storage contractors with respect 

11 to the allocation under this section; 

12 (E) the costs associated with the construc13 tion of the storage facilities at Yellowtail Dam 

14 allocable to the Tribe— 

15 (i) shall be nonreimbursable; and 

16 (ii) shall be excluded from any repay17 ment obligation of the Tribe; and 

18 (F) no water service capital charges shall 

19 be due or payable for any water allocated to the 

20 Tribe pursuant to this Act and the allocation 

21 agreement, regardless of whether that water is 

22 delivered for use by the Tribe or is delivered 

23 under any leases, contracts, or agreements the 

24 Tribe may enter into pursuant to the authority 

25 in subsection (c). 


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1 (c) TEMPORARY TRANSFER FOR USE OFF RESERVA2 TION.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of statutory or common law, subject to 

5 paragraph (2), on approval of the Secretary and 

6 subject to the terms and conditions of the Compact, 

7 the Tribe may enter into a service contract, lease, 

8 exchange, or other agreement providing for the tem9 porary delivery, use, or transfer of not more than 

10 50,000 acre-feet per year of water allocated under 

11 subsection (a)(1)(A) for use off the Reservation. 

12 (2) REQUIREMENT.—An agreement under para13 graph (1) shall not permanently alienate any portion 

14 of the water allocated under subsection (a)(1)(A). 

15 (d) REMAINING STORAGE.— 

16 (1) IN GENERAL.—Upon the date of enactment 

17 of this Act, water in Bighorn Lake shall be consid18 ered to be fully allocated and no further storage allo19 cations shall be made by the Secretary. 

20 (2) EFFECT OF SUBSECTION.—Nothing in this 

21 subsection prevents the Secretary from renewing the 

22 storage contract with Pennsylvania Power and Light 

23 Company consistent with the allocation to Pennsyl24 vania Power and Light Company in existence on the 

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1 ture agreements with the Northern Cheyenne or 

2 Crow Tribes facilitating the Northern Cheyenne and 

3 Crow Tribes’ use of their allocations of water from 

4 Bighorn Lake. 

5 SEC. 9. SATISFACTION OF CLAIMS. 

6 (a) IN GENERAL.—The benefits provided to the Tribe 

7 and the allottees under the Compact and this Act shall 

8 satisfy all claims of the Tribe and the allottees waived and 

9 released pursuant to section 10. 

10 (b) SATISFACTION OF CLAIMS RELATING TO CROW

11 IRRIGATION PROJECT.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 the funds authorized to be appropriated under sub14 sections (a) and (h) of section 14 shall be used to 

15 satisfy any claim of the Tribe or the allottees with 

16 respect to the appropriation of funds for the reha17 bilitation, expansion, improvement, repair, operation, 

18 or maintenance of the Crow Irrigation Project. Upon 

19 complete appropriation of funds authorized by sub20 sections (a) and (h) of section 14 any claim of the 

21 Tribe or the allottees with respect to the appropria22 tion of funds for the rehabilitation, expansion, im23 provement, repair, operation, or maintenance of the 

24 Crow Irrigation Project shall be deemed to have 

25 been satisfied. 


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1 (2) EFFECT.—Nothing in this Act affects any 

2 applicable law (including regulations) under which 

3 the United States collects irrigation assessments 

4 from— 

5 (A) non-Indian users of the Crow Irriga6 tion Project; and 

7 (B) the Tribe, tribal entities and instru8 mentalities, tribal members, allottees, and enti9 ties owned by the Tribe, tribal members, or 

10 allottees to the extent that annual irrigation as11 sessments assessed on such tribal water users 

12 exceed the amount of funds available under sec13 tion 11(d)(3)(F) for costs relating to CIP 

14 OM&R. 

15 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith16 standing subsection (a) and except as provided in section 

17 7(d), nothing in this Act recognizes or establishes any 

18 right of a member of the Tribe or an allottee to water 

19 within the Reservation or the ceded strip. 

20 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

21 (a) IN GENERAL.— 

22 (1) WAIVER AND RELEASE OF CLAIMS BY THE

23 TRIBE AND THE UNITED STATES ACTING IN ITS CA24 PACITY AS TRUSTEE FOR THE TRIBE.—Subject to 

25 the retention of rights set forth in subsection (c), in 


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1 return for recognition of the tribal water rights and 

2 other benefits as set forth in the Compact and this 

3 Act, the Tribe, on behalf of itself and its members 

4 (but not tribal members in their capacities as 

5 allottees), and the United States acting in its capac6 ity as trustee for the Tribe and its members (but not 

7 tribal members in their capacities as allottees), are 

8 authorized and directed, to execute a waiver and re9 lease of all claims for water rights within the State 

10 of Montana that the Tribe, or the United States act11 ing in its capacity as trustee for the Tribe, asserted, 

12 or could have asserted, in any proceeding, including 

13 but not limited to the Montana stream adjudication, 

14 up to and including the enforceability date, except to 

15 the extent that such rights are recognized in the 

16 Compact as amended by this Act. 

17 (2) WAIVER AND RELEASE OF CLAIMS BY THE

18 UNITED STATES ACTING IN ITS CAPACITY AS TRUST19 EE FOR ALLOTTEES.—Subject to the retention of 

20 rights set forth in subsection (c), in return for rec21 ognition of the Tribe’s water rights and other bene22 fits as set forth in the Compact and this Act, the 

23 United States acting in its capacity as trustee for 

24 allottees is authorized and directed to execute a 

25 waiver and release of all claims for water rights 


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1 within the Reservation and the ceded strip that the 

2 United States acting in its capacity as trustee for 

3 the allottees asserted, or could have asserted, in any 

4 proceeding, including but not limited to the Montana 

5 stream adjudication, up to and including the en6 forceability date, except to the extent that such 

7 rights are recognized in the Compact or this Act. 

8 (3) WAIVER AND RELEASE OF CLAIMS BY THE

9 TRIBE AGAINST THE UNITED STATES.—Subject to 

10 the retention of rights set forth in subsection (c), the 

11 Tribe, on behalf of itself and its members, is author12 ized to execute a waiver and release of— 

13 (A) all claims against the United States, 

14 its agencies, or employees, relating to claims for 

15 water rights within the State of Montana that 

16 the United States acting in its capacity as 

17 trustee for the Tribe asserted, or could have as18 serted, in any proceeding, including but not lim19 ited to the Montana stream adjudication, except 

20 to the extent that such rights are recognized as 

21 tribal water rights in this Act, including all 

22 claims relating in any manner to the claims re23 served against the United States, its agencies 

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1 lation of Settlement, Crow Tribe of Indians v. 

2 Norton, No. 02–284 (Apr. 7, 2006); 

3 (B) all claims against the United States, 

4 its agencies, or employees relating to damages, 

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

6 or natural resources due to loss of water or 

7 water rights (including but not limited to dam8 ages, losses or injuries to hunting, fishing, 

9 gathering or cultural rights due to loss of water 

10 or water rights; claims relating to interference 

11 with, diversion or taking of water; or claims re12 lating to failure to protect, acquire, replace, or 

13 develop water, water rights or water infrastruc14 ture) within the State of Montana that first ac15 crued at any time up to and including the en16 forceability date, including all claims relating to 

17 the failure to establish or provide a municipal 

18 rural or industrial water delivery system on the 

19 Reservation and all claims relating to the fail20 ure to provide for, operate or maintain the 

21 Crow Irrigation Project, or any other irrigation 

22 system or irrigation project on the Reservation; 

23 (C) all claims against the United States, 

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1 ing litigation of claims relating to the Tribe’s 

2 water rights in the State of Montana; 

3 (D) all claims against the United States, 

4 its agencies, or employees relating to the nego5 tiation, execution, or the adoption of the Com6 pact, exhibits thereto, or this Act; 

7 (E) subject to the retention of rights set 

8 forth in subsection (c), all claims for monetary 

9 damages that first accrued at any time up to 

10 and including the enforceability date with re11 spect to— 

12 (i) the failure to recognize or enforce 

13 the Tribe’s claim of title to lands that are 

14 created by the movement of the Big Horn 

15 River; and 

16 (ii) the failure to make productive use 

17 of those lands created by the movement of 

18 the Big Horn River to which the Tribe has 

19 claimed title; 

20 (F) all claims that first accrued at any 

21 time up to and including the enforceability date 

22 arising from the taking or acquisition of the 

23 Tribe’s land or resources for the construction of 

24 the Yellowtail Dam; 


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1 (G) all claims that first accrued at any 

2 time up to and including the enforceability date 

3 relating to the construction and operation of 

4 Yellowtail Dam and the management of Big 

5 Horn Lake; and 

6 (H) all claims that first accrued at any 

7 time up to and including the enforceability date 

8 relating to the generation of power from 

9 Yellowtail Dam or the lack thereof. 

10 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

11 The waivers under subsection (a) shall take effect on the 

12 enforceability date. 

13 (c) RESERVATION OF RIGHTS AND RETENTION OF

14 CLAIMS.—Notwithstanding the waivers and releases au15 thorized in this Act, the Tribe on behalf of itself and its 

16 members and the United States acting in its capacity as 

17 trustee for the Tribe retain— 

18 (1) all claims for enforcement of the Compact, 

19 any final decree, or this Act; 

20 (2) all rights to use and protect water rights ac21 quired after the date of enactment of this Act; 

22 (3) all claims for damages, losses or injuries to 

23 water rights or claims of interference with, diversion 

24 or taking of water rights (including but not limited 

25 to claims for injury to lands resulting from such 


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1 damages, losses, injuries, interference with, diver2 sion, or taking of water rights) arising out of activi3 ties occurring outside the State of Montana; 

4 (4) all rights to use and protect water rights ac5 quired pursuant to state law, to the extent not in6 consistent with the Compact; 

7 (5) all claims relating to activities affecting the 

8 quality of water including but not limited to any 

9 claims the Tribe might have under Comprehensive 

10 Environmental Response, Compensation, and Liabil11 ity Act (including but not limited to claims for dam12 ages to natural resources), the Safe Drinking Water 

13 Act, the Clean Water Act, and the regulations imple14 menting these Acts; 

15 (6) all claims relating to damages, losses, or in16 juries to land or natural resources not due to loss 

17 of water or water rights (including, but not limited 

18 to hunting, fishing, gathering, or cultural rights); 

19 (7) all rights, remedies, privileges, immunities, 

20 and powers not specifically waived and released pur21 suant to this Act; 

22 (8) all claims against any person or entity other 

23 than the United States, including claims for mone24 tary damages, with respect to— 


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1 (A) the Tribe’s claim of title to lands that 

2 are created by the movement of the Big Horn 

3 River; and 

4 (B) the productive use of those lands cre5 ated by the movement of the Big Horn River to 

6 which the Tribe has claimed title; and 

7 (9) all claims that first accrued after the en8 forceability date with respect to claims otherwise 

9 waived in accordance with subsection (a)(3)(B), and 

10 (E) through (H), inclusive. 

11 (d) EFFECT OF COMPACT AND ACT.—Nothing in the 

12 Compact or this Act— 

13 (1) affects the ability of the United States act14 ing in its sovereign capacity to take actions author15 ized by law, including but not limited to any laws re16 lating to health, safety or the environment, including 

17 but not limited to the Clean Water Act, the Safe 

18 Drinking Water Act, the Comprehensive Environ19 mental Response, Compensation, and Liability Act, 

20 Resource Conservation and Recovery Act, and the 

21 regulations implementing such Acts; 

22 (2) affects the ability of the United States to 

23 take actions acting in its capacity as trustee for any 

24 other Indian tribe or allottee of any other Indian 

25 tribe; 


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1 (3) confers jurisdiction on any State court to— 

2 (A) interpret Federal law regarding health, 

3 safety, or the environment or determine the du4 ties of the United States or other parties pursu5 ant to such Federal law; 

6 (B) conduct judicial review of Federal 

7 agency action. 

8 (4) waives any claim of a member of the Tribe 

9 in an individual capacity that does not derive from 

10 a right of the Tribe; or 

11 (5) revives any claims waived by the Tribe in 

12 the Joint Stipulation of Settlement, Crow Tribe of 

13 Indians v. Norton, No. 02–284 (Apr. 7, 2006). 

14 (e) ENFORCEABILITY DATE.— 

15 (1) IN GENERAL.—The enforceability date shall 

16 be the date on which the Secretary publishes in the 

17 Federal Register a statement of findings that— 

18 (A) the Montana Water Court has issued 

19 a final judgment and decree approving the 

20 Compact, or if the Montana Water Court is 

21 found to lack jurisdiction, the United States 

22 District Court of jurisdiction has approved the 

23 Compact as a consent decree and such approval 

24 is final; 


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1 (B) $44,000,000 has been deposited in the 

2 Crow Settlement Fund; 

3 (C) the Secretary has fulfilled his obliga4 tions to negotiate an agreement with the Tribe 

5 in accordance with sections 5(a) and 6(a); 

6 (D) the State has appropriated and paid 

7 into an interest-bearing escrow account any 

8 payments then due to the Tribe under the Com9 pact; 

10 (E) the Tribe has ratified the Compact by 

11 submitting the Act and the Compact to a vote 

12 by the tribal membership for approval or dis13 approval and the tribal membership has voted 

14 to approve the Act and the Compact by a ma15 jority of votes cast on the day of the vote, as 

16 certified by the Secretary and the Tribe; 

17 (F) the Secretary has fulfilled the require18 ments of section 8(a); and 

19 (G) the waivers and releases authorized 

20 and set forth in subsection (a) have been exe21 cuted by the parties and the Secretary. 

22 (f) TOLLING OF CLAIMS.— 

23 (1) IN GENERAL.—Each applicable period of 

24 limitation and time-based equitable defense relating 

25 to a claim described in this section shall be tolled for 


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1 the period beginning on the date of enactment of 

2 this Act and ending on the date on which the 

3 amounts authorized to be appropriated to carry out 

4 this Act are appropriated. 

5 (2) EFFECT OF SUBSECTION.—Nothing in this 

6 subsection revives any claim or tolls any period of 

7 limitation or time-based equitable defense that ex8 pired before the date of enactment of this Act. 

9 SEC. 11. CROW SETTLEMENT FUND. 

10 (a) ESTABLISHMENT.—There is established in the 

11 Treasury of the United States the Crow Settlement Fund, 

12 consisting of such amounts as are deposited in the fund 

13 under subsections (c) through (h) of section 14. 

14 (b) ACCOUNTS OF CROW SETTLEMENT FUND.—The 

15 Secretary shall establish in the Crow Settlement Fund the 

16 following accounts: 

17 (1) The Tribal Compact Administration ac18 count, consisting of amounts authorized pursuant to 

19 section 14(c). 

20 (2) The Economic Development account, con21 sisting of amounts authorized pursuant to section 

22 14(d). 

23 (3) The Water Development Projects account, 

24 consisting of amounts authorized pursuant to section 

25 14(e). 


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1 (4) The MR&I System OM&R account, con2 sisting of amounts authorized pursuant to section 

3 14(f). 

4 (5) The Yellowtail Dam OM&R account, con5 sisting of amounts authorized pursuant to section 

6 14(g). 

7 (6) The CIP OM&R account, consisting of 

8 amounts authorized pursuant to section 14(h). 

9 (c) DEPOSITS TO CROW SETTLEMENT FUND.— 

10 (1) IN GENERAL.—The Secretary of the Treas11 ury shall promptly deposit in the Crow Settlement 

12 Fund any amounts appropriated for that purpose. 

13 (2) DEPOSITS TO ACCOUNTS.—The Secretary of 

14 the Treasury shall deposit amounts in the accounts 

15 of the Crow Settlement Fund established under sub16 section (b) in descending order of priority, with 

17 highest priority given to the Tribal Compact Admin18 istration account established under subsection 

19 (b)(1). 

20 (d) MANAGEMENT.— 

21 (1) IN GENERAL.—The Secretary shall manage 

22 the Crow Settlement Fund, make investments from 

23 the Crow Settlement Fund, and make monies avail24 able from the Crow Settlement Fund for distribution 

25 to the Tribe consistent with the American Indian 


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1 Trust Fund Management Reform Act of 1994 (25 

2 U.S.C. 4001 et seq.) (referred to in this subsection 

3 as the ‘‘Trust Fund Reform Act’’). 

4 (2) INVESTMENT OF CROW SETTLEMENT

5 FUND.—Upon the enforceability date the Secretary 

6 shall invest amounts in the Crow Settlement Fund 

7 in accordance with— 

8 (A) the Act of April 1, 1880 (25 U.S.C. 

9 161); 

10 (B) the first section of the Act of June 24, 

11 1938 (25 U.S.C. 162a); 

12 (C) the obligations of Federal corporations 

13 and Federal Government-sponsored entities the 

14 charter documents of which provide that the ob15 ligations of the entities are lawful investments 

16 for federally managed funds, including— 

17 (i) the obligations of the United 

18 States Postal Service described in section 

19 2005 of title 39, United States Code; 

20 (ii) bonds and other obligations of the 

21 Tennessee Valley Authority described in 

22 section 15d of the Tennessee Valley Au23 thority Act of 1933 (16 U.S.C. 831n–4); 

24 (iii) mortgages, obligations, and other 

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1 gage Corporation described in section 303 

2 of the Federal Home Loan Mortgage Cor3 poration Act (12 U.S.C. 1452); and 

4 (iv) bonds, notes, and debentures of 

5 the Commodity Credit Corporation de6 scribed in section 4 of the Act of March 8, 

7 1938 (15 U.S.C. 713a–4); and 

8 (D) the obligations referred to in section 

9 201 of the Social Security Act (42 U.S.C. 401). 

10 (3) DISTRIBUTIONS FROM CROW SETTLEMENT

11 FUND.— 

12 (A) IN GENERAL.—Funds from the Crow 

13 Settlement Fund shall be used for each purpose 

14 described in subparagraphs (B) through (G). 

15 (B) TRIBAL COMPACT ADMINISTRATION

16 ACCOUNT.—The Tribal Compact Administration 

17 Account shall be used for expenditures by the 

18 Tribe for Tribal Compact Administration, in ac19 cordance with the definition of Tribal Compact 

20 Administration under section 3. 

21 (C) ECONOMIC DEVELOPMENT AC22 COUNT.—The Economic Development Account 

23 shall be used for expenditures by the Tribe for 

24 economic development, in accordance with the 


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1 definition of Economic Development under sec2 tion 3. 

3 (D) WATER DEVELOPMENT PROJECT AC4 COUNT.—The Water Development Project Ac5 count shall be used for expenditures by the 

6 Tribe for 1 or more water development projects, 

7 in accordance with the definition of Water De8 velopment Project under section 3. 

9 (E) YELLOWTAIL DAM OM&R ACCOUNT.— 

10 Interest accrued on the funds in the Yellowtail 

11 Dam OM&R Account in the prior fiscal year 

12 shall be used for Yellowtail Dam OM&R costs 

13 in the subsequent year. The interest shall be 

14 used to reduce the Yellowtail Dam OM&R costs 

15 to all tribal water users on a proportional basis 

16 for that year. 

17 (F) CIP OM&R ACCOUNT.— 

18 (i) IN GENERAL.—Interest accrued on 

19 the funds in the CIP OM&R Account in 

20 the prior fiscal year shall be used for CIP 

21 OM&R costs in the subsequent year. 

22 (ii) REDUCTION OF COSTS TO TRIBAL

23 WATER USERS.— 

24 (I) IN GENERAL.—Subject to 

25 subclause (II), the interest described 


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1 in clause (i) shall be used to reduce 

2 the CIP OM&R costs to all tribal 

3 water users on a proportional basis 

4 for that year. 

5 (II) LIMITATION ON USE OF

6 FUNDS.—The funds from the CIP 

7 OM&R Account shall only be used to 

8 pay irrigation assessments for the 

9 Tribe, tribal entities and instrumen10 talities, tribal members, allottees, and 

11 entities owned by the Tribe, tribal 

12 members, or allottees. 

13 (G) MR&I SYSTEM OM&R ACCOUNT.— 

14 (i) IN GENERAL.—Interest accrued on 

15 the funds from the MR&I System OM&R 

16 Account in the prior fiscal year shall be 

17 used for MR&I System OM&R costs in the 

18 subsequent year. 

19 (ii) REDUCTION OF COSTS TO TRIBAL

20 WATER USERS.— 

21 (I) IN GENERAL.—Subject to 

22 subclause (II), the interest described 

23 in clause (i) shall be used to reduce 

24 the MR&I System OM&R costs to all 


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1 tribal water users on a proportional 

2 basis for that year. 

3 (II) LIMITATION ON USE OF

4 FUNDS.—The funds from the MR&I 

5 System OM&R Account shall only be 

6 used to reduce water charges for 

7 water used by the Tribe, tribal enti8 ties and instrumentalities, tribal mem9 bers, allottees, and entities owned by 

10 the Tribe, tribal members, or 

11 allottees. 

12 (4) WITHDRAWALS BY TRIBE.— 

13 (A) IN GENERAL.—The Tribe may with14 draw any portion of amounts in the Crow Set15 tlement Fund on approval by the Secretary of 

16 a tribal management plan in accordance with 

17 the Trust Fund Reform Act. 

18 (B) REQUIREMENTS.— 

19 (i) IN GENERAL.—In addition to the 

20 requirements under the Trust Fund Re21 form Act, the tribal management plan of 

22 the Tribe under subparagraph (A) shall re23 quire that the Tribe spend any amounts 

24 withdrawn from the Crow Settlement Fund 

25 in accordance with this Act. 


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1 (ii) ENFORCEMENT.—The Secretary 

2 may carry out such judicial or administra3 tive actions as the Secretary determines to 

4 be necessary to enforce a tribal manage5 ment plan to ensure that amounts with6 drawn by the Tribe from the Crow Settle7 ment Fund under this paragraph are used 

8 in accordance with this Act. 

9 (C) LIABILITY.—The Secretary and the 

10 Secretary of the Treasury shall not be liable for 

11 the expenditure or investment of amounts with12 drawn from the Crow Settlement Fund by the 

13 Tribe under this paragraph. 

14 (D) EXPENDITURE PLAN.— 

15 (i) IN GENERAL.—For each fiscal 

16 year, the Tribe shall submit to the Sec17 retary for approval an expenditure plan for 

18 any portion of the amounts described in 

19 subparagraph (A) that the Tribe elects not 

20 to withdraw under this paragraph during 

21 the fiscal year. 

22 (ii) INCLUSION.—An expenditure plan 

23 under clause (i) shall include a description 

24 of the manner in which, and the purposes 

25 for which, funds of the Tribe remaining in 


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1 the Crow Settlement Fund will be used 

2 during subsequent fiscal years. 

3 (iii) APPROVAL.—On receipt of an ex4 penditure plan under clause (i), the Sec5 retary shall approve the plan if the Sec6 retary determines that the plan is— 

7 (I) reasonable; and 

8 (II) consistent with this Act. 

9 (5) ANNUAL REPORTS.—The Tribe shall submit 

10 to the Secretary annual reports describing each ex11 penditure by the Tribe of amounts in the Crow Set12 tlement Fund during the preceding calendar year. 

13 (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO14 HIBITED.—No amount in the Crow Settlement Fund 

15 shall be distributed to any member of the Tribe on 

16 a per capita basis. 

17 (e) AVAILABILITY.—The amounts in the Crow Settle18 ment Fund shall be available for use by the Secretary and 

19 withdrawal by the Tribe beginning on the enforceability 

20 date. 

21 (f) STATE CONTRIBUTION.—The State contribution 

22 shall be provided in accordance with article VI(A) of the 

23 Compact. 


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1 SEC. 12. YELLOWTAIL DAM, MONTANA. 

2 (a) STREAMFLOW AND LAKE LEVEL MANAGEMENT

3 PLAN.— 

4 (1) Nothing in the Compact or the Streamflow 

5 and Lake Level Management Plan referred to in Ar6 ticle III A.7. of the Compact— 

7 (A) limits the discretion of the Secretary 

8 under the section 4F of that plan; or 

9 (B) requires the Secretary to give priority 

10 to any factor described in section 4F of the 

11 plan over any other factor described in that sec12 tion. 

13 (2) Bighorn Lake water management, including 

14 the Streamflow and Lake Level Management Plan, 

15 is a Federal activity and review and enforcement of 

16 any water management decisions shall be as pro17 vided by Federal law. 

18 (3) The Streamflow and Lake Level Manage19 ment Plan referred to in and part of the Compact 

20 shall be interpreted to clearly reflect paragraphs (1) 

21 and (2). 

22 (b) POWER GENERATION.— 

23 (1) Notwithstanding any other provision of law, 

24 the Tribe shall have the exclusive right to develop 

25 and market power generation as a water develop26 ment project on the Yellowtail Afterbay Dam. 


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1 (2) The Bureau of Reclamation shall cooperate 

2 with the Tribe on such project. 

3 (3) Any hydroelectric power generated under 

4 this provision shall be used or marketed by the 

5 Tribe. 

6 (4) The Tribe shall retain any revenues from 

7 the sale of hydroelectric power generated under this 

8 provision. 

9 (5) The United States shall have no trust obli10 gation to monitor, administer, or account for the 

11 revenues received by the Tribe, or the expenditure of 

12 the revenues. 

13 (c) CONSULTATION WITH TRIBE.—The Bureau of 

14 Reclamation shall consult with the Tribe on at least a 

15 quarterly basis on all issues relating to the Bureau’s man16 agement of Yellowtail Dam. 

17 SEC. 13. MISCELLANEOUS PROVISIONS. 

18 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

19 UNITED STATES.—Except as provided in subsections (a) 

20 through (c) of section 208 of the Department of Justice 

21 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

22 Act waives the sovereign immunity of the United States. 

23 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

24 Nothing in this Act quantifies or diminishes any land or 

25 water right, or any claim or entitlement to land or water, 


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1 of an Indian tribe, band, or community other than the 

2 Tribe. 

3 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

4 With respect to Indian land within the Reservation or the 

5 ceded strip— 

6 (1) the United States shall not submit against 

7 any Indian-owned land located within the Reserva8 tion or the ceded strip any claim for reimbursement 

9 of the cost to the United States of carrying out this 

10 Act and the Compact; and 

11 (2) no assessment of any Indian-owned land lo12 cated within the Reservation or the ceded strip shall 

13 be made regarding that cost. 

14 (d) LIMITATION ON LIABILITY OF UNITED

15 STATES.— 

16 (1) IN GENERAL.—The United States has no 

17 trust or other obligation— 

18 (A) to monitor, administer, or account for, 

19 in any manner, any funds provided to the Tribe 

20 by any party to the Compact other than the 

21 United States; or 

22 (B) to review or approve any expenditure 

23 of those funds. 

24 (2) INDEMNIFICATION.—The Tribe shall indem25 nify the United States, and hold the United States 


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1 harmless, with respect to all claims (including claims 

2 for takings or breach of trust) arising from the re3 ceipt or expenditure of amounts described in para4 graph (1)(A). 

5 (e) EFFECT ON CURRENT LAW.—Nothing in this sec6 tion affects any provision of law (including regulations) 

7 in effect on the day before the date of enactment of this 

8 Act with respect to preenforcement review of any Federal 

9 environmental enforcement action. 

10 (f) LIMITATIONS ON EFFECT.— 

11 (1) IN GENERAL.—Nothing in this Act or the 

12 Compact— 

13 (A) limits, expands, alters, or otherwise af14 fects— 

15 (i) the meaning, interpretation, imple16 mentation, application, or effect of any ar17 ticle, provision, or term of the Yellowstone 

18 River Compact; 

19 (ii) any right, requirement, or obliga20 tion under the Yellowstone River Compact; 

21 (iii) any allocation (or manner of de22 termining any allocation) of water under 

23 the Yellowstone River Compact; or 

24 (iv) any present or future claim, de25 fense, or other position asserted in any 


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1 legal, administrative, or other proceeding 

2 arising under or relating to the Yellow3 stone River Compact (including the origi4 nal proceeding between the State of Mon5 tana and the State of Wyoming currently 

6 pending before the United States Supreme 

7 Court); 

8 (B) makes an allocation or apportionment 

9 of water between or among States; 

10 (C) addresses or implies whether, how, or 

11 to what extent (if any)— 

12 (i) the Tribal Water Right or any por13 tion of the Tribal Water Right should be 

14 accounted for as part of or otherwise 

15 charged against any allocation of water 

16 made to a State under the provisions of 

17 the Yellowstone River Compact; or 

18 (ii) the Yellowstone River Compact in19 cludes or does not include the Tribal 

20 Water Right or the water right of any In21 dian tribe as part of any allocation or 

22 other disposition of water under that com23 pact; or 

24 (D) waives the sovereign immunity from 

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1 ment to the Constitution of the United States, 

2 except as expressly authorized in Article IV 

3 F.8. of the Compact. 

4 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) REHABILITATION AND IMPROVEMENT OF CROW

6 IRRIGATION PROJECT.—There is authorized to be appro7 priated $160,653,000, adjusted to reflect changes since 

8 May 1, 2008, under section 5(e) for the rehabilitation and 

9 improvement of the Crow Irrigation Project. 

10 (b) DESIGN AND CONSTRUCTION OF MR&I SYS11 TEM.—There is authorized to be appropriated 

12 $200,840,000, adjusted to reflect changes since May 1, 

13 2008, under section 6(e) for the design and construction 

14 of the MR&I System. 

15 (c) TRIBAL COMPACT ADMINISTRATION.—There is 

16 authorized to be appropriated $4,000,000 for Tribal Com17 pact Administration. 

18 (d) ECONOMIC DEVELOPMENT PROJECTS.—There is 

19 authorized to be appropriated $40,000,000 for Economic 

20 Development Projects. 

21 (e) WATER DEVELOPMENT PROJECTS.—There is au22 thorized to be appropriated $37,594,000 (as adjusted to 

23 reflect changes in construction cost indices applicable to 

24 the types of construction involved during the period beginVerDate Nov 24 2008 02:58 Feb 06, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845

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1 ning on May 1, 2008, and ending on the date of appropria2 tion) for Water Development Projects. 

3 (f) MR&I SYSTEM OM&R.—There is authorized to 

4 be appropriated $40,513,000 (as adjusted to reflect 

5 changes in appropriate cost indices during the period be6 ginning on May 1, 2008, and ending on the date of appro7 priation) for MR&I OM&R. 

8 (g) YELLOWTAIL DAM OM&R.—There is authorized 

9 to be appropriated $30,876,000 (as adjusted to reflect 

10 changes in appropriate cost indices during the period be11 ginning on May 1, 2008, and ending on the date of appro12 priation) for Yellowtail Dam OM&R. 

13 (h) CIP OM&R.—There is authorized to be appro14 priated $12,736,000 (as adjusted to reflect changes in ap15 propriate cost indices during the period beginning on May 

16 1, 2008, and ending on the date of appropriation) for CIP 

17 OM&R. 

18 (i) ENVIRONMENTAL COMPLIANCE.—There are au19 thorized to be appropriated such sums as are necessary 

20 to carry out all necessary environmental compliance activi21 ties undertaken by the Secretary associated with the Com22 pact and this Act. 

23 (j) BUREAU OF RECLAMATION COSTS FOR CROW IR24 RIGATION PROJECT.—There are authorized to be appro25 priated such sums as are necessary for the Bureau of RecVerDate Nov 24 2008 02:58 Feb 06, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H845.IH H845

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1 lamation to carry out its role as lead agency for the reha2 bilitation and improvement of the Crow Irrigation Project. 

3 (k) BUREAU OF RECLAMATION COSTS FOR MR&I 

4 SYSTEM.—There are authorized to be appropriated such 

5 sums as are necessary for the Bureau of Reclamation to 

6 carry out its role as lead agency for the design and con7 struction of the MR&I System. 

8 (l) INTEREST ACCRUED FROM CROW SETTLEMENT

9 FUND.—For each fiscal year during the period beginning 

10 on the date of enactment of this Act and ending on the 

11 enforceability date, there is authorized to be appropriated 

12 for deposit into the Crow Settlement Fund an amount 

13 equal to the interest that would have accrued during the 

14 preceding fiscal year on balances held in the Crow Settle15 ment Fund. 

16 (m) CALCULATION OF INTEREST.—The interest de17 scribed in this section shall be calculated using the appli18 cable rate for interest-bearing obligations of the United 

19 States. 

20 SEC. 15. REPEAL ON FAILURE TO MEET EFFECTIVE DATE. 

21 If the Secretary does not publish a statement of find22 ings under section 10(e) by March 31, 2015— 

23 (1) this Act is repealed effective January 1, 

24 2015, and any action taken by the Secretary and 

25 any contract or agreement pursuant to the authority 


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1 provided under any provision of this Act shall be 

2 void; 

3 (2) any amounts appropriated under section 14, 

4 together with any interest on those amounts, shall 

5 immediately revert to the general fund of the Treas6 ury; and 

7 (3) any amounts made available under section 

8 14 that remain unexpended shall immediately revert 

9 to the general fund of the Treasury. 

Æ 


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