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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4783 Enrolled Bill (ENR)]

        H.R.4783

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 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.
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.

     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 
    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.
        (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 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 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 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 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.
            (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.
        (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 long-term 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'' 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.
        (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.--
            (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).
    (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 off-
        reservation 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
            (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.
    (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 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 cost-effectiveness 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;
            (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.
        (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.
    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.
        (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;
            (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 Freeport-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 Freeport-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, 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 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;
            (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--
        (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.--
        (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.).
        (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/2\ 
    N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ 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. 4\1/2\ 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''.
    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.

                (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.
            (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)).
            (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).

              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;
                    (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, pressure-
            reducing 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
                    (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 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 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 right-of-
        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 rights-of-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.
    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 
        jurisdiction prior to the granting of an easement or right-of-
        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.
    (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 non-Federal 
    parties are expected to use the MR&I System, a non-Federal 
    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.
        (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
                (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.
            (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 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, 
    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.
        (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;
            (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.);
            (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 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 time-based 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.--
        (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.
                (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--

                    (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 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 acre-feet 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 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 Indian-owned 
    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.
        (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.
    (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 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
            (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 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 Juan-Chama 
    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;
        (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).
            (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 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.
    (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 Mutual-Benefit 
    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 Juan-Chama 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 Juan-Chama 
    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 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 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 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, 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 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
        (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 time-based 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, 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--
            (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).
        (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).
            (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 Juan-Chama 
    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 Juan-Chama 
    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 rights-of-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. 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 Cost-
            Sharing 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 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 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;

            (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.
    (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 acre-feet 
    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 Juan-Chama 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
            (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).
        (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.
    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 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.
            (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:
                (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.

       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 
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 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.
        (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).
    (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 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 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 Juan-Chama 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--
        (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 time-based 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 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.--
        (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.
    (b) Healthy Marriage Promotion and Responsible Fatherhood 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--
        (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
                        ``(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 services.--
                ``(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 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 (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''.

            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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```