In the Senate of the United States, 

November 19, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 4783) entitled ‘‘An Act to accelerate the income 

tax benefits for charitable cash contributions for the relief of 

victims of the earthquake in Chile, and to extend the period 

from which such contributions for the relief of victims of the 

earthquake in Haiti may be accelerated.’’, do pass with the 

following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Claims Resolution Act of 2010’’. 

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

5 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. 
2 

† HR 4783 EAS 

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. 
3 

† HR 4783 EAS 

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. 
4 

† HR 4783 EAS 

1 TITLE I—INDIVIDUAL INDIAN 

2 MONEY ACCOUNT LITIGATION 

3 SETTLEMENT 

4 SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGA5 TION SETTLEMENT. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AGREEMENT ON ATTORNEYS’ FEES, EX8 PENSES, AND COSTS.—The term ‘‘Agreement on At9 torneys’ Fees, Expenses, and Costs’’ means the 

10 agreement dated December 7, 2009, between Class 

11 Counsel (as defined in the Settlement) and the De12 fendants (as defined in the Settlement) relating to 

13 attorneys’ fees, expenses, and costs incurred by 

14 Class Counsel in connection with the Litigation and 

15 implementation of the Settlement, as modified by 

16 the parties to the Litigation. 

17 (2) AMENDED COMPLAINT.—The term 

18 ‘‘Amended Complaint’’ means the Amended Com19 plaint attached to the Settlement. 

20 (3) FINAL APPROVAL.—The term ‘‘final ap21 proval’’ has the meaning given the term in the Set22 tlement. 

23 (4) LAND CONSOLIDATION PROGRAM.—The 

24 term ‘‘Land Consolidation Program’’ means a pro25 gram conducted in accordance with the Settlement, 
5 

† HR 4783 EAS 

1 the Indian Land Consolidation Act (25 U.S.C. 2201 

2 et seq.), and subsection (e)(2) under which the Sec3 retary may purchase fractional interests in trust or 

4 restricted land. 

5 (5) LITIGATION.—The term ‘‘Litigation’’ means 

6 the case entitled Elouise Cobell et al. v. Ken Salazar 

7 et al., United States District Court, District of Co8 lumbia, Civil Action No. 96–1285 (TFH). 

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

10 member of any class certified in the Litigation. 

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

12 the Secretary of the Interior. 

13 (8) SETTLEMENT.—The term ‘‘Settlement’’ 

14 means the Class Action Settlement Agreement dated 

15 December 7, 2009, in the Litigation, as modified by 

16 the parties to the Litigation. 

17 (9) TRUST ADMINISTRATION ADJUSTMENT

18 FUND.—The term ‘‘Trust Administration Adjust19 ment Fund’’ means the $100,000,000 deposited in 

20 the Settlement Account (as defined in the Settle21 ment) pursuant to subsection (j)(1) for use in mak22 ing the adjustments authorized by that subsection. 

23 (10) TRUST ADMINISTRATION CLASS.—The 

24 term ‘‘Trust Administration Class’’ means the Trust 

25 Administration Class as defined in the Settlement. 
6 

† HR 4783 EAS 

1 (b) PURPOSE.—The purpose of this section is to au2 thorize the Settlement. 

3 (c) AUTHORIZATION.— 

4 (1) IN GENERAL.—The Settlement is author5 ized, ratified, and confirmed. 

6 (2) AMENDMENTS.—Any amendment to the 

7 Settlement is authorized, ratified, and confirmed, to 

8 the extent that such amendment is executed to make 

9 the Settlement consistent with this section. 

10 (d) JURISDICTIONAL PROVISIONS.— 

11 (1) IN GENERAL.—Notwithstanding the limita12 tion on the jurisdiction of the district courts of the 

13 United States in section 1346(a)(2) of title 28, 

14 United States Code, the United States District 

15 Court for the District of Columbia shall have juris16 diction of the claims asserted in the Amended Com17 plaint for purposes of the Settlement. 

18 (2) CERTIFICATION OF TRUST ADMINISTRATION

19 CLASS.— 

20 (A) IN GENERAL.—Notwithstanding the 

21 requirements of the Federal Rules of Civil Pro22 cedure, the court in the Litigation may certify 

23 the Trust Administration Class. 

24 (B) TREATMENT.—On certification under 

25 subparagraph (A), the Trust Administration 
7 

† HR 4783 EAS 

1 Class shall be treated as a class certified under 

2 rule 23(b)(3) of the Federal Rules of Civil Pro3 cedure for purposes of the Settlement. 

4 (e) TRUST LAND CONSOLIDATION.— 

5 (1) TRUST LAND CONSOLIDATION FUND.— 

6 (A) ESTABLISHMENT.—On final approval 

7 of the Settlement, there shall be established in 

8 the Treasury of the United States a fund, to be 

9 known as the ‘‘Trust Land Consolidation 

10 Fund’’. 

11 (B) AVAILABILITY OF AMOUNTS.— 

12 Amounts in the Trust Land Consolidation 

13 Fund shall be made available to the Secretary 

14 during the 10-year period beginning on the date 

15 of final approval of the Settlement— 

16 (i) to conduct the Land Consolidation 

17 Program; and 

18 (ii) for other costs specified in the 

19 Settlement. 

20 (C) DEPOSITS.— 

21 (i) IN GENERAL.—On final approval 

22 of the Settlement, the Secretary of the 

23 Treasury shall deposit in the Trust Land 

24 Consolidation Fund $1,900,000,000 out of 

25 the amounts appropriated to pay final 
8 

† HR 4783 EAS 

1 judgments, awards, and compromise settle2 ments under section 1304 of title 31, 

3 United States Code. 

4 (ii) CONDITIONS MET.—The condi5 tions described in section 1304 of title 31, 

6 United States Code, shall be deemed to be 

7 met for purposes of clause (i). 

8 (D) TRANSFERS.—In a manner designed 

9 to encourage participation in the Land Consoli10 dation Program, the Secretary may transfer, at 

11 the discretion of the Secretary, not more than 

12 $60,000,000 of amounts in the Trust Land 

13 Consolidation Fund to the Indian Education 

14 Scholarship Holding Fund established under 

15 paragraph (3). 

16 (2) OPERATION.—The Secretary shall consult 

17 with Indian tribes to identify fractional interests 

18 within the respective jurisdictions of the Indian 

19 tribes for purchase in a manner that is consistent 

20 with the priorities of the Secretary. 

21 (3) INDIAN EDUCATION SCHOLARSHIP HOLDING

22 FUND.— 

23 (A) ESTABLISHMENT.—On final approval 

24 of the Settlement, there shall be established in 

25 the Treasury of the United States a fund, to be 
9 

† HR 4783 EAS 

1 known as the ‘‘Indian Education Scholarship 

2 Holding Fund’’. 

3 (B) AVAILABILITY.—Notwithstanding any 

4 other provision of law governing competition, 

5 public notification, or Federal procurement or 

6 assistance, amounts in the Indian Education 

7 Scholarship Holding Fund shall be made avail8 able, without further appropriation, to the Sec9 retary to contribute to an Indian Education 

10 Scholarship Fund, as described in the Settle11 ment, to provide scholarships for Native Ameri12 cans. 

13 (4) ACQUISITION OF TRUST OR RESTRICTED

14 LAND.—The Secretary may acquire, at the discre15 tion of the Secretary and in accordance with the 

16 Land Consolidation Program, any fractional interest 

17 in trust or restricted land. 

18 (5) TREATMENT OF UNLOCATABLE PLAIN19 TIFFS.—A Plaintiff, the whereabouts of whom are 

20 unknown and who, after reasonable efforts by the 

21 Secretary, cannot be located during the 5-year pe22 riod beginning on the date of final approval of the 

23 Settlement, shall be considered to have accepted an 

24 offer made pursuant to the Land Consolidation Pro25 gram. 
10 

† HR 4783 EAS 

1 (f) TAXATION AND OTHER BENEFITS.— 

2 (1) INTERNAL REVENUE CODE.—For purposes 

3 of the Internal Revenue Code of 1986, amounts re4 ceived by an individual Indian as a lump sum or a 

5 periodic payment pursuant to the Settlement shall 

6 not be— 

7 (A) included in gross income; or 

8 (B) taken into consideration for purposes 

9 of applying any provision of the Internal Rev10 enue Code that takes into account excludable 

11 income in computing adjusted gross income or 

12 modified adjusted gross income, including sec13 tion 86 of that Code (relating to Social Security 

14 and tier 1 railroad retirement benefits). 

15 (2) OTHER BENEFITS.—Notwithstanding any 

16 other provision of law, for purposes of determining 

17 initial eligibility, ongoing eligibility, or level of bene18 fits under any Federal or federally assisted program, 

19 amounts received by an individual Indian as a lump 

20 sum or a periodic payment pursuant to the Settle21 ment shall not be treated for any household member, 

22 during the 1-year period beginning on the date of re23 ceipt— 

24 (A) as income for the month during which 

25 the amounts were received; or 
11 

† HR 4783 EAS 

1 (B) as a resource. 

2 (g) INCENTIVE AWARDS AND AWARD OF ATTORNEYS’ 

3 FEES, EXPENSES, AND COSTS UNDER SETTLEMENT

4 AGREEMENT.— 

5 (1) IN GENERAL.—Subject to paragraph (3), 

6 the court in the Litigation shall determine the 

7 amount to which the Plaintiffs in the Litigation may 

8 be entitled for incentive awards and for attorneys’ 

9 fees, expenses, and costs— 

10 (A) in accordance with controlling law, in11 cluding, with respect to attorneys’ fees, ex12 penses, and costs, any applicable rule of law re13 quiring counsel to produce contemporaneous 

14 time, expense, and cost records in support of a 

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

16 (B) giving due consideration to the special 

17 status of Class Members (as defined in the Set18 tlement) as beneficiaries of a federally created 

19 and administered trust. 

20 (2) NOTICE OF AGREEMENT ON ATTORNEYS’ 

21 FEES, EXPENSES, AND COSTS.—The description of 

22 the request of Class Counsel for an amount of attor23 neys’ fees, expenses, and costs required under para24 graph C.1.d. of the Settlement shall include a de-
12 

† HR 4783 EAS 

1 scription of all material provisions of the Agreement 

2 on Attorneys’ Fees, Expenses, and Costs. 

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

4 subsection limits or otherwise affects the enforce5 ability of the Agreement on Attorneys’ Fees, Ex6 penses, and Costs. 

7 (h) SELECTION OF QUALIFYING BANK.—The United 

8 States District Court for the District of Columbia, in exer9 cising the discretion of the Court to approve the selection 

10 of any proposed Qualifying Bank (as defined in the Settle11 ment) under paragraph A.1. of the Settlement, may con12 sider any factors or circumstances regarding the proposed 

13 Qualifying Bank that the Court determines to be appro14 priate to protect the rights and interests of Class Members 

15 (as defined in the Settlement) in the amounts to be depos16 ited in the Settlement Account (as defined in the Settle17 ment). 

18 (i) APPOINTEES TO SPECIAL BOARD OF TRUST19 EES.—The 2 members of the special board of trustees to 

20 be selected by the Secretary under paragraph G.3. of the 

21 Settlement shall be selected only after consultation with, 

22 and after considering the names of possible candidates 

23 timely offered by, federally recognized Indian tribes. 

24 (j) TRUST ADMINISTRATION CLASS ADJUST25 MENTS.— 
13 

† HR 4783 EAS 

1 (1) FUNDS.— 

2 (A) IN GENERAL.—In addition to the 

3 amounts deposited pursuant to paragraph E.2. 

4 of the Settlement, on final approval, the Sec5 retary of the Treasury shall deposit in the 

6 Trust Administration Adjustment Fund of the 

7 Settlement Account (as defined in the Settle8 ment) $100,000,000 out of the amounts appro9 priated to pay final judgments, awards, and 

10 compromise settlements under section 1304 of 

11 title 31, United States Code, to be allocated 

12 and paid by the Claims Administrator (as de13 fined in the Settlement and pursuant to para14 graph E.1.e of the Settlement) in accordance 

15 with this subsection. 

16 (B) CONDITIONS MET.—The conditions de17 scribed in section 1304 of title 31, United 

18 States Code, shall be deemed to be met for pur19 poses of subparagraph (A). 

20 (2) ADJUSTMENT.— 

21 (A) IN GENERAL.—After the calculation of 

22 the pro rata share in Section E.4.b of the Set23 tlement, the Trust Administration Adjustment 

24 Fund shall be used to increase the minimum 
14 

† HR 4783 EAS 

1 payment to each Trust Administration Class 

2 Member whose pro rata share is— 

3 (i) zero; or 

4 (ii) greater than zero, but who would, 

5 after adjustment under this subparagraph, 

6 otherwise receive a smaller Stage 2 pay7 ment than those Trust Administration 

8 Class Members described in clause (i). 

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

10 Administration Adjustment Fund shall be ap11 plied in such a manner as to ensure, to the ex12 tent practicable (as determined by the court in 

13 the Litigation), that each Trust Administration 

14 Class Member receiving amounts from the 

15 Trust Administration Adjustment Fund receives 

16 the same total payment under Stage 2 of the 

17 Settlement after making the adjustments re18 quired by this subsection. 

19 (3) TIMING OF PAYMENTS.—The payments au20 thorized by this subsection shall be included with the 

21 Stage 2 payments under paragraph E.4. of the Set22 tlement. 

23 (k) EFFECT OF ADJUSTMENT PROVISIONS.—Not24 withstanding any provision of this section, in the event 
15 

† HR 4783 EAS 

1 that a court determines that the application of subsection 

2 (j) is unfair to the Trust Administration Class— 

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

4 (2) on final approval of the Settlement, in addi5 tion to the amounts deposited into the Trust Land 

6 Consolidation Fund pursuant to subsection (e), the 

7 Secretary of the Treasury shall deposit in that Fund 

8 $100,000,000 out of amounts appropriated to pay 

9 final judgments, awards, and compromise settle10 ments under section 1304 of title 31, United States 

11 Code (the conditions of which section shall be 

12 deemed to be met for purposes of this paragraph) to 

13 be used by the Secretary in accordance with sub14 section (e). 

15 TITLE II—FINAL SETTLEMENT 

16 OF CLAIMS FROM IN RE 

17 BLACK FARMERS DISCRIMI18 NATION LITIGATION 

19 SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLE20 MENT OF CLAIMS FROM IN RE BLACK FARM21 ERS DISCRIMINATION LITIGATION. 

22 (a) DEFINITIONS.—In this section: 

23 (1) SETTLEMENT AGREEMENT.—The term 

24 ‘‘Settlement Agreement’’ means the settlement 

25 agreement dated February 18, 2010 (including any 
16 

† HR 4783 EAS 

1 modifications agreed to by the parties and approved 

2 by the court under that agreement) between certain 

3 plaintiffs, by and through their counsel, and the Sec4 retary of Agriculture to resolve, fully and forever, 

5 the claims raised or that could have been raised in 

6 the cases consolidated in In re Black Farmers Dis7 crimination Litigation, Misc. No. 08–mc–0511 

8 (PLF), including Pigford claims asserted under sec9 tion 14012 of the Food, Conservation, and Energy 

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

11 (2) PIGFORD CLAIM.—The term ‘‘Pigford 

12 claim’’ has the meaning given that term in section 

13 14012(a)(3) of the Food, Conservation, and Energy 

14 Act of 2008 (Public Law 110–246; 122 Stat. 2210). 

15 (b) APPROPRIATION OF FUNDS.—There is appro16 priated to the Secretary of Agriculture $1,150,000,000, 

17 to remain available until expended, to carry out the terms 

18 of the Settlement Agreement if the Settlement Agreement 

19 is approved by a court order that is or becomes final and 

20 nonappealable, and the court finds that the Settlement 

21 Agreement is modified to incorporate the additional terms 

22 contained in subsection (g). The funds appropriated by 

23 this subsection are in addition to the $100,000,000 of 

24 funds of the Commodity Credit Corporation made avail25 able by section 14012(i) of the Food, Conservation, and 
17 

† HR 4783 EAS 

1 Energy Act of 2008 (Public Law 110–246; 122 Stat. 

2 2212) and shall be available for obligation only after those 

3 Commodity Credit Corporation funds are fully obligated. 

4 If the Settlement Agreement is not approved as provided 

5 in this subsection, the $100,000,000 of funds of the Com6 modity Credit Corporation made available by section 

7 14012(i) of the Food, Conservation, and Energy Act of 

8 2008 shall be the sole funding available for Pigford claims. 

9 (c) USE OF FUNDS.—The use of the funds appro10 priated by subsection (b) shall be subject to the express 

11 terms of the Settlement Agreement. 

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

13 the funds appropriated by subsection (b) are not obligated 

14 and expended to carry out the Settlement Agreement, the 

15 Secretary of Agriculture shall return the unused funds to 

16 the Treasury and may not make the unused funds avail17 able for any purpose related to section 14012 of the Food, 

18 Conservation, and Energy Act of 2008, for any other set19 tlement agreement executed in In re Black Farmers Dis20 crimination Litigation, No. 08–511 (D.D.C.), or for any 

21 other purpose. 

22 (e) RULES OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed as requiring the United States, any 

24 of its officers or agencies, or any other party to enter into 

25 the Settlement Agreement or any other settlement agree-
18 

† HR 4783 EAS 

1 ment. Nothing in this section shall be construed as cre2 ating the basis for a Pigford claim. 

3 (f) CONFORMING AMENDMENTS.—Section 14012 of 

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

5 Law 110–246; 122 Stat. 2209) is amended— 

6 (1) in subsection (c)(1)— 

7 (A) by striking ‘‘subsection (h)’’ and in8 serting ‘‘subsection (g)’’; and 

9 (B) by striking ‘‘subsection (i)’’ and insert10 ing ‘‘subsection (h)’’; 

11 (2) by striking subsection (e); 

12 (3) in subsection (g), by striking ‘‘subsection 

13 (f)’’ and inserting ‘‘subsection (e)’’; 

14 (4) in subsection (i)— 

15 (A) by striking ‘‘(1) IN GENERAL.—Of the 

16 funds’’ and inserting ‘‘Of the funds’’; 

17 (B) by striking paragraph (2); and 

18 (C) by striking ‘‘subsection (g)’’ and in19 serting ‘‘subsection (f)’’; 

20 (5) by striking subsection (j); and 

21 (6) by redesignating subsections (f), (g), (h), 

22 (i), and (k) as subsections (e), (f), (g), (h), and (i), 

23 respectively. 
19 

† HR 4783 EAS 

1 (g) ADDITIONAL SETTLEMENT TERMS.—For the 

2 purposes of this section and funding for the Settlement 

3 Agreement, the following are additional terms: 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) SETTLEMENT AGREEMENT.—The term 

6 ‘‘Settlement Agreement’’ means the settlement, 

7 including any modifications agreed to by the 

8 parties and approved by the court, between the 

9 Secretary of Agriculture and certain plaintiffs, 

10 by and through their counsel in litigation titled 

11 Black Farmers Discrimination Litigation, Misc. 

12 No. 08–mc–0511 (PLF). 

13 (B) NEUTRAL ADJUDICATOR.— 

14 (i) IN GENERAL.—The term ‘‘Neutral 

15 Adjudicator’’ means a Track A Neutral or 

16 a Track B Neutral as those terms are de17 fined in the Settlement Agreement, who 

18 have been hired by Lead Class Counsel as 

19 that term is defined in the Settlement 

20 Agreement. 

21 (ii) REQUIREMENT.—The Track A 

22 and B Neutrals called for in the Settle23 ment Agreement shall be approved by the 

24 Secretary of the United States Department 
20 

† HR 4783 EAS 

1 of Agriculture, the Attorney General, and 

2 the court. 

3 (2) OATH.—Every Neutral Adjudicator shall 

4 take an oath administered by the court prior to 

5 hearing claims. 

6 (3) ADDITIONAL DOCUMENTATION OR EVI7 DENCE.—Any Neutral Adjudicator may, during the 

8 course of hearing claims, require claimants to pro9 vide additional documentation and evidence if, in the 

10 Neutral Adjudicator’s judgment, the additional docu11 mentation and evidence would be necessary or help12 ful in deciding the merits of the claim, or if the ad13 judicator suspects fraud regarding the claim. 

14 (4) ATTORNEYS FEES, EXPENSES, AND

15 COSTS.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B) and the provisions of the Settlement 

18 Agreement regarding attorneys’ fee caps and 

19 maximum and minimum percentages for awards 

20 of attorneys fees, the court shall make any de21 termination as to the amount of attorneys’ fees, 

22 expenses, and costs in accordance with control23 ling law, including, with respect to attorneys’ 

24 fees, expenses, and costs, any applicable rule of 

25 law requiring counsel to produce contempora-
21 

† HR 4783 EAS 

1 neous time, expenses, and cost records in sup2 port of a motion for such fees, expenses, and 

3 costs. 

4 (B) EFFECT ON AGREEMENT.—Nothing in 

5 this paragraph limits or otherwise affects the 

6 enforceability of provisions regarding attorneys’ 

7 fees, expenses, and costs that may be contained 

8 in the Settlement Agreement. 

9 (5) CERTIFICATION.—An attorney filing a claim 

10 on behalf of a claimant shall swear, under penalty 

11 of perjury, that: ‘‘to the best of the attorney’s 

12 knowledge, information, and belief formed after an 

13 inquiry reasonable under the circumstances, the 

14 claim is supported by existing law and the factual 

15 contentions have evidentiary support’’. 

16 (6) DISTRIBUTION OF CLAIMS DETERMINA17 TIONS AND SETTLEMENT FUNDS.—In order to en18 sure full transparency of the administration of 

19 claims under the Settlement Agreement, the Claims 

20 Administrator as that term is defined in the Settle21 ment Agreement, shall provide to the Secretary of 

22 Agriculture, the Inspector General of the Depart23 ment of Agriculture, the Attorney General, and Lead 

24 Class Counsel as that term is defined in the Settle25 ment Agreement, all information regarding Distribu-
22 

† HR 4783 EAS 

1 tion of Claims Determinations and Settlement 

2 Funds described in the Settlement Agreement. 

3 (h) REPORTS.— 

4 (1) GOVERNMENT ACCOUNTABILITY OFFICE.— 

5 (A) IN GENERAL.—The Comptroller Gen6 eral of the United States shall evaluate the in7 ternal controls (including internal controls con8 cerning fraud and abuse) created to carry out 

9 the terms of the Settlement Agreement, and re10 port to the Congress at least 2 times through11 out the duration of the claims adjudication 

12 process on the results of this evaluation. 

13 (B) ACCESS TO INFORMATION.—Solely for 

14 purposes of conducting the evaluation under 

15 subparagraph (A), the Comptroller General 

16 shall have access, upon request, to the claims 

17 administrator, the claims adjudicators, and re18 lated officials, appointed in connection with the 

19 aforementioned settlement, and to any informa20 tion and records generated, used, or received by 

21 them, including names and addresses. 

22 (2) USDA INSPECTOR GENERAL.— 

23 (A) PERFORMANCE AUDIT.—The Inspector 

24 General of the Department of Agriculture shall, 

25 within 180 days of the initial adjudication of 
23 

† HR 4783 EAS 

1 claims, and subsequently as appropriate, per2 form a performance audit based on a statistical 

3 sampling of adjudicated claims. 

4 (B) AUDIT RECIPIENTS.—The audits de5 scribed in clause (i) shall be provided to Sec6 retary of Agriculture and the Attorney General. 

7 TITLE III—WHITE MOUNTAIN 

8 APACHE TRIBE WATER 

9 RIGHTS QUANTIFICATION 

10 SEC. 301. SHORT TITLE. 

11 This title may be cited as the ‘‘White Mountain 

12 Apache Tribe Water Rights Quantification Act of 2010’’. 

13 SEC. 302. PURPOSES. 

14 The purposes of this title are— 

15 (1) to authorize, ratify, and confirm the Agree16 ment; 

17 (2) to authorize and direct the Secretary to exe18 cute the Agreement and take any other action nec19 essary to carry out all obligations of the Secretary 

20 under the Agreement in accordance with this title; 

21 (3) to authorize the amounts necessary for the 

22 United States to meet the obligations of the United 

23 States under the Agreement and this title; and 

24 (4) to permanently resolve certain damage 

25 claims and all water rights claims among— 
24 

† HR 4783 EAS 

1 (A) the Tribe and its members; 

2 (B) the United States, acting as trustee 

3 for the Tribe and its members; 

4 (C) the parties to the Agreement; and 

5 (D) all other claimants seeking to deter6 mine the nature and extent of the water rights 

7 of the Tribe, its members, the United States, 

8 acting as trustee for the Tribe and its members, 

9 and other claimants in— 

10 (i) the consolidated civil action in the 

11 Superior Court of the State of Arizona for 

12 the County of Maricopa styled In re the 

13 General Adjudication of All Rights To Use 

14 Water In The Gila River System and 

15 Source, W–1 (Salt), W–2 (Verde), W–3 

16 (Upper Gila), W–4 (San Pedro); and 

17 (ii) the civil action pending in the Su18 perior Court of the State of Arizona for 

19 the County of Apache styled In re the Gen20 eral Adjudication of All Rights to Use 

21 Water in the Little Colorado River System 

22 and Source and numbered CIV–6417. 

23 SEC. 303. DEFINITIONS. 

24 In this title: 
25 

† HR 4783 EAS 

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

2 means— 

3 (A) the WMAT Water Rights Quantifica4 tion Agreement dated January 13, 2009; and 

5 (B) any amendment or exhibit (including 

6 exhibit amendments) to that Agreement that 

7 are— 

8 (i) made in accordance with this title; 

9 or 

10 (ii) otherwise approved by the Sec11 retary. 

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

13 Bureau of Reclamation. 

14 (3) CAP.—The term ‘‘CAP’’ means the rec15 lamation project authorized and constructed by the 

16 United States in accordance with title III of the Col17 orado River Basin Project Act (43 U.S.C. 1521 et 

18 seq.). 

19 (4) CAP CONTRACTOR.—The term ‘‘CAP con20 tractor’’ means an individual or entity that has en21 tered into a long-term contract (as that term is used 

22 in the repayment stipulation) with the United States 

23 for delivery of water through the CAP system. 
26 

† HR 4783 EAS 

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

2 ‘‘CAP fixed OM&R charge’’ has the meaning given 

3 the term in the repayment stipulation. 

4 (6) CAP M&I PRIORITY WATER.—The term 

5 ‘‘CAP M&I priority water’’ means the CAP water 

6 having a municipal and industrial delivery priority 

7 under the repayment contract. 

8 (7) CAP SUBCONTRACTOR.—The term ‘‘CAP 

9 subcontractor’’ means an individual or entity that 

10 has entered into a long-term subcontract (as that 

11 term is used in the repayment stipulation) with the 

12 United States and the District for the delivery of 

13 water through the CAP system. 

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

15 means— 

16 (A) the Mark Wilmer Pumping Plant; 

17 (B) the Hayden-Rhodes Aqueduct; 

18 (C) the Fannin-McFarland Aqueduct; 

19 (D) the Tucson Aqueduct; 

20 (E) any pumping plant or appurtenant 

21 works of a feature described in any of subpara22 graphs (A) through (D); and 

23 (F) any extension of, addition to, or re24 placement for a feature described in any of sub25 paragraphs (A) through (E). 
27 

† HR 4783 EAS 

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

2 means ‘‘Project Water’’ (as that term is defined in 

3 the repayment stipulation). 

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

5 means— 

6 (A) the proposed contract between the 

7 Tribe and the United States attached as exhibit 

8 7.1 to the Agreement and numbered 08–XX– 

9 30–W0529; and 

10 (B) any amendments to that contract. 

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

12 the Central Arizona Water Conservation District, a 

13 political subdivision of the State that is the con14 tractor under the repayment contract. 

15 (12) ENFORCEABILITY DATE.—The term ‘‘en16 forceability date’’ means the date described in sec17 tion 309(d)(1). 

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

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

20 Indian Self-Determination and Education Assistance 

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

22 (14) INJURY TO WATER RIGHTS.— 

23 (A) IN GENERAL.—The term ‘‘injury to 

24 water rights’’ means an interference with, dimi-
28 

† HR 4783 EAS 

1 nution of, or deprivation of, a water right under 

2 Federal, State, or other law. 

3 (B) INCLUSIONS.—The term ‘‘injury to 

4 water rights’’ includes— 

5 (i) a change in the groundwater table; 

6 and 

7 (ii) any effect of such a change. 

8 (C) EXCLUSION.—The term ‘‘injury to 

9 water rights’’ does not include any injury to 

10 water quality. 

11 (15) LOWER COLORADO RIVER BASIN DEVELOP12 MENT FUND.—The term ‘‘Lower Colorado River 

13 Basin Development Fund’’ means the fund estab14 lished by section 403 of the Colorado River Basin 

15 Project Act (43 U.S.C. 1543). 

16 (16) OFF-RESERVATION TRUST LAND.—The 

17 term ‘‘off-reservation trust land’’ means land— 

18 (A) located outside the exterior boundaries 

19 of the reservation that is held in trust by the 

20 United States for the benefit of the Tribe as of 

21 the enforceability date; and 

22 (B) depicted on the map attached to the 

23 Agreement as exhibit 2.57. 

24 (17) OPERATING AGENCY.—The term ‘‘Oper25 ating Agency’’ means the 1 or more entities author-
29 

† HR 4783 EAS 

1 ized to assume responsibility for the care, operation, 

2 maintenance, and replacement of the CAP system. 

3 (18) REPAYMENT CONTRACT.—The term ‘‘re4 payment contract’’ means— 

5 (A) the contract between the United States 

6 and the District for delivery of water and re7 payment of the costs of the CAP, numbered 

8 14–06–W–245 (Amendment No. 1), and dated 

9 December 1, 1988; and 

10 (B) any amendment to, or revision of, that 

11 contract. 

12 (19) REPAYMENT STIPULATION.—The term 

13 ‘‘repayment stipulation’’ means the stipulated judg14 ment and the stipulation for judgment (including 

15 any exhibits to those documents) entered on Novem16 ber 21, 2007, in the United States District Court 

17 for the District of Arizona in the consolidated civil 

18 action styled Central Arizona Water Conservation 

19 District v. United States, et al., and numbered CIV 

20 95–625–TUC–WDB (EHC) and CIV 95–1720– 

21 PHX–EHC. 

22 (20) RESERVATION.— 

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

24 means the land within the exterior boundary of 

25 the White Mountain Indian Reservation estab-
30 

† HR 4783 EAS 

1 lished by the Executive order dated November 

2 9, 1871, as modified by subsequent Executive 

3 orders and Acts of Congress— 

4 (i) known on the date of enactment of 

5 this Act as the ‘‘Fort Apache Reservation’’ 

6 pursuant to chapter 3 of the Act of June 

7 7, 1897 (30 Stat. 62); and 

8 (ii) generally depicted on the map at9 tached to the Agreement as exhibit 2.81. 

10 (B) NO EFFECT ON DISPUTE OR AS ADMIS11 SION.—The depiction of the reservation de12 scribed in subparagraph (A)(ii) shall not— 

13 (i) be used to affect any dispute be14 tween the Tribe and the United States 

15 concerning the legal boundary of the res16 ervation; or 

17 (ii) constitute an admission by the 

18 Tribe with regard to any dispute between 

19 the Tribe and the United States con20 cerning the legal boundary of the reserva21 tion. 

22 (21) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

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

25 State of Arizona. 
31 

† HR 4783 EAS 

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

2 CAP water’’ means the CAP water to which the 

3 Tribe is entitled pursuant to the Contract. 

4 (24) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

5 water rights’’ means the water rights of the Tribe 

6 described in paragraph 4.0 of the Agreement. 

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

8 White Mountain Apache Tribe organized under sec9 tion 16 of the Act of June 18, 1934 (commonly 

10 known as the ‘‘Indian Reorganization Act’’) (25 

11 U.S.C. 476). 

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

13 means any right in or to groundwater, surface 

14 water, or effluent under Federal, State, or other law. 

15 (27) WMAT RURAL WATER SYSTEM.—The 

16 term ‘‘WMAT rural water system’’ means the mu17 nicipal, rural, and industrial water diversion, stor18 age, and delivery system described in section 307. 

19 (28) YEAR.—The term ‘‘year’’ means a cal20 endar year. 

21 SEC. 304. APPROVAL OF AGREEMENT. 

22 (a) APPROVAL.— 

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

24 any provision of the Agreement conflicts with a pro-
32 

† HR 4783 EAS 

1 vision of this title, the Agreement is authorized, rati2 fied, and confirmed. 

3 (2) AMENDMENTS.—Any amendment to the 

4 Agreement is authorized, ratified, and confirmed, to 

5 the extent that such amendment is executed to make 

6 the Agreement consistent with this title. 

7 (b) EXECUTION OF AGREEMENT.— 

8 (1) IN GENERAL.—To the extent that the 

9 Agreement does not conflict with this title, the Sec10 retary shall promptly— 

11 (A) execute the Agreement, including all 

12 exhibits to the Agreement requiring the signa13 ture of the Secretary; and 

14 (B) in accordance with the Agreement, 

15 execute any amendment to the Agreement, in16 cluding any amendment to any exhibit to the 

17 Agreement requiring the signature of the Sec18 retary, that is not inconsistent with this title; 

19 and 

20 (2) DISCRETION OF THE SECRETARY.—The 

21 Secretary may execute any other amendment to the 

22 Agreement, including any amendment to any exhibit 

23 to the Agreement requiring the signature of the Sec24 retary, that is not inconsistent with this title if the 

25 amendment does not require congressional approval 
33 

† HR 4783 EAS 

1 pursuant to the Trade and Intercourse Act (25 

2 U.S.C. 177) or other applicable Federal law (includ3 ing regulations). 

4 (c) NATIONAL ENVIRONMENTAL POLICY ACT.— 

5 (1) ENVIRONMENTAL COMPLIANCE.—In imple6 menting the Agreement and carrying out this title, 

7 the Secretary shall promptly comply with all applica8 ble requirements of— 

9 (A) the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.); 

11 (B) the Endangered Species Act of 1973 

12 (16 U.S.C. 1531 et seq.); 

13 (C) all other applicable Federal environ14 mental laws; and 

15 (D) all regulations promulgated under the 

16 laws described in subparagraphs (A) through 

17 (C). 

18 (2) EXECUTION OF AGREEMENT.— 

19 (A) IN GENERAL.—Execution of the Agree20 ment by the Secretary under this section shall 

21 not constitute a major Federal action under the 

22 National Environmental Policy Act of 1969 (42 

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

24 (B) ENVIRONMENTAL COMPLIANCE.—The 

25 Secretary shall carry out all necessary environ-
34 

† HR 4783 EAS 

1 mental compliance activities required by Fed2 eral law in implementing the Agreement. 

3 (3) LEAD AGENCY.—The Bureau shall serve as 

4 the lead agency with respect to ensuring environ5 mental compliance associated with the WMAT rural 

6 water system. 

7 SEC. 305. WATER RIGHTS. 

8 (a) TREATMENT OF TRIBAL WATER RIGHTS.—The 

9 tribal water rights— 

10 (1) shall be held in trust by the United States 

11 on behalf of the Tribe; and 

12 (2) shall not be subject to forfeiture or aban13 donment. 

14 (b) REALLOCATION.— 

15 (1) IN GENERAL.—In accordance with this title 

16 and the Agreement, the Secretary shall reallocate to 

17 the Tribe, and offer to enter into a contract with the 

18 Tribe for the delivery in accordance with this section 

19 of— 

20 (A) an entitlement to 23,782 acre-feet per 

21 year of CAP water that has a non-Indian agri22 cultural delivery priority (as defined in the Con23 tract) in accordance with section 

24 104(a)(1)(A)(iii) of the Arizona Water Settle-
35 

† HR 4783 EAS 

1 ments Act (Public Law 108–451; 118 Stat. 

2 3488), of which— 

3 (i) 3,750 acre-feet per year shall be 

4 firmed by the United States for the benefit 

5 of the Tribe for the 100-year period begin6 ning on January 1, 2008, with priority 

7 equivalent to CAP M&I priority water, in 

8 accordance with section 105(b)(1)(B) of 

9 that Act (118 Stat. 3492); and 

10 (ii) 3,750 acre-feet per year shall be 

11 firmed by the State for the benefit of the 

12 Tribe for the 100-year period beginning on 

13 January 1, 2008, with priority equivalent 

14 to CAP M&I priority water, in accordance 

15 with section 105(b)(2)(B) of that Act (118 

16 Stat. 3492); and 

17 (B) an entitlement to 1,218 acre-feet per 

18 year of the water— 

19 (i) acquired by the Secretary through 

20 the permanent relinquishment of the 

21 Harquahala Valley Irrigation District CAP 

22 subcontract entitlement in accordance with 

23 the contract numbered 3–07–30–W0290 

24 among the District, Harquahala Valley Ir-
36 

† HR 4783 EAS 

1 rigation District, and the United States; 

2 and 

3 (ii) converted to CAP Indian Priority 

4 water (as defined in the Contract) pursu5 ant to the Fort McDowell Indian Commu6 nity Water Rights Settlement Act of 1990 

7 (Public Law 101–628; 104 Stat. 4480). 

8 (2) AUTHORITY OF TRIBE.—Subject to approval 

9 by the Secretary under section 306(a)(1), the Tribe 

10 shall have the sole authority to lease, distribute, ex11 change, or allocate the tribal CAP water described 

12 in paragraph (1). 

13 (c) WATER SERVICE CAPITAL CHARGES.—The Tribe 

14 shall not be responsible for any water service capital 

15 charge for tribal CAP water. 

16 (d) ALLOCATION AND REPAYMENT.—For the pur17 pose of determining the allocation and repayment of costs 

18 of any stage of the CAP constructed after November 21, 

19 2007, the costs associated with the delivery of water de20 scribed in subsection (b), regardless of whether the water 

21 is delivered for use by the Tribe or in accordance with 

22 any assignment, exchange, lease, option to lease, or other 

23 agreement for the temporary disposition of water entered 

24 into by the Tribe, shall be— 

25 (1) nonreimbursable; and 
37 

† HR 4783 EAS 

1 (2) excluded from the repayment obligation of 

2 the District. 

3 (e) WATER CODE.—Not later than 18 months after 

4 the enforceability date, the Tribe shall enact a water code 

5 that— 

6 (1) governs the tribal water rights; and 

7 (2) includes, at a minimum— 

8 (A) provisions requiring the measurement, 

9 calculation, and recording of all diversions and 

10 depletions of water on the reservation and on 

11 off-reservation trust land; 

12 (B) terms of a water conservation plan, in13 cluding objectives, conservation measures, and 

14 an implementation timeline; 

15 (C) provisions requiring the approval of 

16 the Tribe for the severance and transfer of 

17 rights to the use of water from historically irri18 gated land identified in paragraph 11.3.2.1 of 

19 the Agreement to diversions and depletions on 

20 other non-historically irrigated land not located 

21 on the watershed of the same water source; and 

22 (D) provisions requiring the authorization 

23 of the Tribe for all diversions of water on the 

24 reservation and on off-reservation trust land by 

25 any individual or entity other than the Tribe. 
38 

† HR 4783 EAS 

1 SEC. 306. CONTRACT. 

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

3 Contract, in accordance with the Agreement, to provide, 

4 among other things, that— 

5 (1) the Tribe, on approval of the Secretary, 

6 may— 

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

8 contracts to exchange, or options to exchange 

9 tribal CAP water in Maricopa, Pinal, Pima, and 

10 Yavapai Counties in the State providing for the 

11 temporary delivery to any individual or entity of 

12 any portion of the tribal CAP water, subject to 

13 the condition that— 

14 (i) the term of the contract or option 

15 to lease shall not be longer than 100 years; 

16 (ii) the contracts or options to ex17 change shall be for the term provided in 

18 the contract or option; and 

19 (iii) a lease or option to lease pro20 viding for the temporary delivery of tribal 

21 CAP water shall require the lessee to pay 

22 to the Operating Agency all CAP fixed 

23 OM&R charges and all CAP pumping en24 ergy charges (as defined in the repayment 

25 stipulation) associated with the leased 

26 water; and 
39 

† HR 4783 EAS 

1 (B) renegotiate any lease at any time dur2 ing the term of the lease, subject to the condi3 tion that the term of the renegotiated lease 

4 shall not exceed 100 years; 

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

6 permanently alienated; 

7 (3)(A) the Tribe (and not the United States in 

8 any capacity) shall be entitled to all consideration 

9 due to the Tribe under any contract or option to 

10 lease or exchange tribal CAP water entered into by 

11 the Tribe; and 

12 (B) the United States (in any capacity) has no 

13 trust or other obligation to monitor, administer, or 

14 account for, in any manner— 

15 (i) any funds received by the Tribe as con16 sideration under a contract or option to lease or 

17 exchange tribal CAP water; or 

18 (ii) the expenditure of those funds; 

19 (4)(A) all tribal CAP water shall be delivered 

20 through the CAP system; and 

21 (B) if the delivery capacity of the CAP system 

22 is significantly reduced or anticipated to be signifi23 cantly reduced for an extended period of time, the 

24 Tribe shall have the same CAP delivery rights as a 

25 CAP contractor or CAP subcontractor that is al-
40 

† HR 4783 EAS 

1 lowed to take delivery of water other than through 

2 the CAP system; 

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

4 off the reservation for any purpose; 

5 (6) as authorized by subsection (f)(2)(A) of sec6 tion 403 of the Colorado River Basin Project Act 

7 (43 U.S.C. 1543) and to the extent that funds are 

8 available in the Lower Colorado River Basin Devel9 opment Fund established by subsection (a) of that 

10 section, the United States shall pay to the Operating 

11 Agency the CAP fixed OM&R charges associated 

12 with the delivery of tribal CAP water (except in the 

13 case of tribal CAP water leased by any individual or 

14 entity); 

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

16 Secretary to capture all return flow from project ex17 change water flowing from the exterior boundary of 

18 the reservation; and 

19 (8) no CAP water service capital charge shall 

20 be due or payable for the tribal CAP water, regard21 less of whether the water is delivered for use by the 

22 Tribe or pursuant to a contract or option to lease 

23 or exchange tribal CAP water entered into by the 

24 Tribe. 

25 (b) REQUIREMENTS.—The Contract shall be— 
41 

† HR 4783 EAS 

1 (1) for permanent service (within the meaning 

2 of section 5 of the Boulder Canyon Project Act (43 

3 U.S.C. 617d)); and 

4 (2) without limit as to term. 

5 (c) RATIFICATION.— 

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

7 any provision of the Contract conflicts with a provi8 sion of this title, the Contract is authorized, ratified, 

9 and confirmed. 

10 (2) AMENDMENTS.—Any amendment to the 

11 Contract is authorized, ratified, and confirmed, to 

12 the extent that such amendment is executed to make 

13 the Contract consistent with this title. 

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

15 the Contract does not conflict with this title, the Secretary 

16 shall execute the Contract. 

17 (e) PAYMENT OF CHARGES.—The Tribe, and any re18 cipient of tribal CAP water through a contract or option 

19 to lease or exchange, shall not be obligated to pay a water 

20 service capital charge or any other charge, payment, or 

21 fee for CAP water, except as provided in an applicable 

22 lease or exchange agreement. 

23 (f) PROHIBITIONS.— 

24 (1) USE OUTSIDE STATE.—No tribal CAP 

25 water may be leased, exchanged, forborne, or other-
42 

† HR 4783 EAS 

1 wise transferred by the Tribe in any way for use di2 rectly or indirectly outside the State. 

3 (2) USE OFF RESERVATION.—Except as author4 ized by this section and paragraph 4.7 of the Agree5 ment, no tribal water rights under this title may be 

6 sold, leased, transferred, or used outside the bound7 aries of the reservation or off-reservation trust land 

8 other than pursuant to an exchange. 

9 (3) AGREEMENTS WITH ARIZONA WATER BANK10 ING AUTHORITY.—Nothing in this title or the Agree11 ment limits the right of the Tribe to enter into an 

12 agreement with the Arizona Water Banking Author13 ity (or any successor entity) established by section 

14 45–2421 of the Arizona Revised Statutes in accord15 ance with State law. 

16 (g) LEASES.— 

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

18 of tribal CAP Water by the Tribe to the District and 

19 to any of the cities in the State, attached as exhibits 

20 to the Agreement, are not in conflict with the provi21 sions of this title— 

22 (A) those leases are authorized, ratified, 

23 and confirmed; and 

24 (B) the Secretary shall execute the leases. 
43 

† HR 4783 EAS 

1 (2) AMENDMENTS.—To the extent that amend2 ments are executed to make the leases described in 

3 paragraph (1) consistent with this title, those 

4 amendments are authorized, ratified, and confirmed. 

5 SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYS6 TEM. 

7 (a) IN GENERAL.—Consistent with subsections (a) 

8 and (e) of section 312 and subsection (h) of this section, 

9 the Secretary, acting through the Bureau, shall plan, de10 sign, and construct the WMAT rural water system to di11 vert, store, and distribute water from the North Fork of 

12 the White River to the Tribe that shall consist of— 

13 (1) a dam and storage reservoir, pumping 

14 plant, and treatment facilities located along the 

15 North Fork of the White River near the community 

16 of Whiteriver; 

17 (2) a distribution system consisting of pipelines 

18 extending from the treatment facilities to existing 

19 water distribution systems serving the communities 

20 of Whiteriver, Fort Apache, Canyon Day, Cedar 

21 Creek, Carrizo, and Cibecue; 

22 (3) connections to existing distribution facilities 

23 for the communities described in paragraph (2), but 

24 not including any upgrades of, or improvements to, 

25 existing or future public water systems for the com-
44 

† HR 4783 EAS 

1 munities described in paragraph (2) that may be 

2 necessary to accommodate increased demand and 

3 flow rates (and any associated changes in water 

4 quality); 

5 (4) connections to additional communities along 

6 the pipeline, provided that the additional connections 

7 may be added to the distribution system described in 

8 paragraph (2) at the expense of the Tribe; 

9 (5) appurtenant buildings and access roads; 

10 (6) electrical power transmission and distribu11 tion facilities necessary for operation of the project; 

12 and 

13 (7) any other project components that the Sec14 retary, in consultation with the Tribe, determines to 

15 be necessary. 

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

17 (1) may modify the components of the WMAT 

18 rural water system described in subsection (a) by 

19 mutual agreement; and 

20 (2) shall make all modifications required under 

21 subsection (c)(2). 

22 (c) FINAL PROJECT DESIGN.— 

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

24 final project design of the WMAT rural water sys25 tem, including the dam, pumping plants, pipeline, 
45 

† HR 4783 EAS 

1 and treatment plant, that is generally consistent 

2 with the project extension report dated February 

3 2007 after the completion of— 

4 (A) any appropriate environmental compli5 ance activity; and 

6 (B) the review process described in para7 graph (2). 

8 (2) REVIEW.— 

9 (A) IN GENERAL.—The Secretary shall re10 view the proposed design of the WMAT rural 

11 water system and perform value engineering 

12 analyses. 

13 (B) RESULTS.—Taking into consideration 

14 the review under subparagraph (A), the Sec15 retary, in consultation with the Tribe, shall re16 quire appropriate changes to the design, so that 

17 the final design— 

18 (i) meets Bureau of Reclamation de19 sign standards; 

20 (ii) to the maximum extent prac21 ticable, incorporates any changes that 

22 would improve the cost-effectiveness of the 

23 delivery of water through the WMAT rural 

24 water system; and 
46 

† HR 4783 EAS 

1 (iii) may be constructed for the 

2 amounts made available under section 312. 

3 (d) CONVEYANCE OF TITLE.— 

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

5 water system shall be held by the United States 

6 until title to the WMAT rural water system is con7 veyed by the Secretary to the Tribe pursuant to 

8 paragraph (2). 

9 (2) CONVEYANCE TO TRIBE.—The Secretary 

10 shall convey to the Tribe title to the WMAT rural 

11 water system not later than 30 days after the date 

12 on which the Secretary publishes in the Federal 

13 Register a statement of findings that— 

14 (A) the operating criteria, standing oper15 ating procedures, emergency action plan, and 

16 first filling and monitoring criteria of the de17 signers have been established and are in place; 

18 (B) the WMAT rural water system has op19 erated under the standing operating procedures 

20 of the designers, with the participation of the 

21 Tribe, for a period of 3 years; 

22 (C) the Secretary has provided the Tribe 

23 with technical assistance on the manner by 

24 which to operate and maintain the WMAT rural 

25 water system; 
47 

† HR 4783 EAS 

1 (D) the funds made available under section 

2 312(b)(3)(B) have been deposited in the 

3 WMAT Maintenance Fund; and 

4 (E) the WMAT rural water system— 

5 (i) is substantially complete, as deter6 mined by the Secretary; and 

7 (ii) satisfies the requirement that— 

8 (I) the infrastructure constructed 

9 is capable of storing, diverting, treat10 ing, transmitting, and distributing a 

11 supply of water as set forth in the 

12 final project design described in sub13 section (c); and 

14 (II) the Secretary has consulted 

15 with the Tribe regarding the proposed 

16 finding that the WMAT rural water 

17 system is substantially complete. 

18 (e) ALIENATION AND TAXATION.— 

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

20 Tribe pursuant to subsection (d) does not waive or 

21 alter any applicable Federal law (including regula22 tions) prohibiting alienation or taxation of the 

23 WMAT rural water system or the underlying res24 ervation land. 
48 

† HR 4783 EAS 

1 (2) ALIENATION OF WMAT RURAL WATER SYS2 TEM.—The WMAT rural water system, including 

3 the components of the WMAT rural water system, 

4 shall not be alienated, encumbered, or conveyed in 

5 any manner by the Tribe, unless a reconveyance is 

6 authorized by an Act of Congress enacted after the 

7 date of enactment of this Act. 

8 (f) OPERATION AND MAINTENANCE.— 

9 (1) IN GENERAL.—Consistent with subsections 

10 (d) and (e) of section 312, the Secretary, acting 

11 through the Bureau and in cooperation with the 

12 Tribe, shall operate, maintain, and replace the 

13 WMAT rural water system until the date on which 

14 title to the WMAT rural water system is transferred 

15 to the Tribe pursuant to subsection (d)(2). 

16 (2) LIMITATION.— 

17 (A) IN GENERAL.—Beginning on the date 

18 on which title to the WMAT rural water system 

19 is transferred to the Tribe pursuant to sub20 section (d)(2), the United States shall have no 

21 obligation to pay for the operation, mainte22 nance, or replacement costs of the WMAT rural 

23 water system. 

24 (B) LIMITATION ON LIABILITY.—Effective 

25 on the date on which the Secretary publishes a 
49 

† HR 4783 EAS 

1 statement of findings in the Federal Register 

2 pursuant to subsection (d)(2), the United 

3 States shall not be held liable by any court for 

4 damages arising out of any act, omission, or oc5 currence relating to the land or facilities con6 veyed, other than damages caused by any inten7 tional act or act of negligence committed by the 

8 United States, or by employees or agents of the 

9 United States, prior to the date on which the 

10 Secretary publishes a statement of findings in 

11 the Federal Register pursuant to subsection 

12 (d)(2). 

13 (g) RIGHT TO REVIEW.— 

14 (1) IN GENERAL.—The statement of findings 

15 published by the Secretary pursuant to subsection 

16 (d)(2) shall be considered to be a final agency action 

17 subject to judicial review under sections 701 through 

18 706 of title 5, United States Code. 

19 (2) EFFECT OF TITLE.—Nothing in this title 

20 gives the Tribe or any other party the right to judi21 cial review of the determination by the Secretary 

22 under subsection (d) except under subchapter II of 

23 chapter 5, and chapter 7, of title 5, United States 

24 Code (commonly known as the ‘‘Administrative Pro25 cedure Act’’). 
50 

† HR 4783 EAS 

1 (h) APPLICABILITY OF ISDEAA.— 

2 (1) AGREEMENT FOR SPECIFIC ACTIVITIES.— 

3 On receipt of a request of the Tribe, and in accord4 ance with the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 450 et seq.), the 

6 Secretary shall enter into 1 or more agreements with 

7 the Tribe to carry out the activities authorized by 

8 this section. 

9 (2) CONTRACTS.—Any contract entered into 

10 pursuant to the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 450 et seq.) for the 

12 purpose of carrying out any provision of this title 

13 shall incorporate such provisions regarding periodic 

14 payment of funds, timing for use of funds, trans15 parency, oversight, reporting, and accountability as 

16 the Secretary determines to be necessary (at the sole 

17 discretion of the Secretary) to ensure appropriate 

18 stewardship of Federal funds. 

19 (i) FINAL DESIGNS; PROJECT CONSTRUCTION.— 

20 (1) FINAL DESIGNS.—All designs for the 

21 WMAT rural water system shall— 

22 (A) conform to Bureau design standards; 

23 and 

24 (B) be subject to review and approval by 

25 the Secretary. 
51 

† HR 4783 EAS 

1 (2) PROJECT CONSTRUCTION.—Each project 

2 component of the WMAT rural water system shall 

3 be constructed pursuant to designs and specifica4 tions approved by the Secretary, and all construction 

5 work shall be subject to inspection and approval by 

6 the Secretary. 

7 (j) CONDITION.—As a condition of construction of 

8 the facilities authorized by this section, the Tribe shall 

9 provide, at no cost to the Secretary, all land or interests 

10 in land that the Secretary identifies as necessary for the 

11 construction, operation, and maintenance of those facili12 ties. 

13 SEC. 308. SATISFACTION OF CLAIMS. 

14 (a) IN GENERAL.—Except as set forth in the Agree15 ment, the benefits realized by the Tribe and its members 

16 under this title shall be in full satisfaction of all claims 

17 of the Tribe, its members, and the United States, acting 

18 as trustee for the benefit of the Tribe and its members, 

19 for water rights and injury to water rights under Federal, 

20 State, or other law with respect to the reservation and off21 reservation trust land. 

22 (b) USES OF WATER.—All uses of water on land out23 side of the reservation, if and when that land is subse24 quently and finally determined to be part of the reserva25 tion through resolution of any dispute between the Tribe 
52 

† HR 4783 EAS 

1 and the United States over the location of the reservation 

2 boundary, and any fee land within the reservation placed 

3 into trust and made part of the reservation, shall be sub4 ject to the maximum annual diversion amounts and the 

5 maximum annual depletion amounts specified in the 

6 Agreement. 

7 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith8 standing subsection (a), nothing in this title recognizes or 

9 establishes any right of a member of the Tribe to water 

10 on the reservation. 

11 SEC. 309. WAIVERS AND RELEASES OF CLAIMS. 

12 (a) IN GENERAL.—– 

13 (1) CLAIMS AGAINST THE STATE AND OTH14 ERS.—Except for the specifically retained claims de15 scribed in subsection (b)(1), the Tribe, on behalf of 

16 itself and its members, and the United States, act17 ing in its capacity as trustee for the Tribe and its 

18 members, as part of the performance of the respec19 tive obligations of the United States and the Tribe 

20 under the Agreement, are authorized to execute a 

21 waiver and release of any claims against the State 

22 (or any agency or political subdivision of the State), 

23 or any other person, entity, corporation, or munic24 ipal corporation under Federal, State, or other law 

25 for all— 
53 

† HR 4783 EAS 

1 (A)(i) past, present, and future claims for 

2 water rights for the reservation and off-reserva3 tion trust land arising from time immemorial 

4 and, thereafter, forever; and 

5 (ii) past, present, and future claims for 

6 water rights arising from time immemorial and, 

7 thereafter, forever, that are based on aboriginal 

8 occupancy of land by the Tribe, its members, or 

9 their predecessors; 

10 (B)(i) past and present claims for injury to 

11 water rights for the reservation and off-reserva12 tion trust land arising from time immemorial 

13 through the enforceability date; 

14 (ii) past, present, and future claims for in15 jury to water rights arising from time immemo16 rial and, thereafter, forever, that are based on 

17 aboriginal occupancy of land by the Tribe, its 

18 members, or their predecessors; and 

19 (iii) claims for injury to water rights aris20 ing after the enforceability date for the reserva21 tion and off-reservation trust land resulting 

22 from off-reservation diversion or use of water in 

23 a manner that is not in violation of the Agree24 ment or State law; and 
54 

† HR 4783 EAS 

1 (C) past, present, and future claims aris2 ing out of, or relating in any manner to, the ne3 gotiation, execution, or adoption of the Agree4 ment, an applicable settlement judgement or de5 cree, or this title. 

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

7 specifically retained claims described in subsection 

8 (b)(3), the United States, in all capacities (except as 

9 trustee for an Indian tribe other than the Tribe), as 

10 part of the performance of its obligations under the 

11 Agreement, is authorized to execute a waiver and re12 lease of any and all claims against the Tribe, its 

13 members, or any agency, official, or employee of the 

14 Tribe, under Federal, State, or any other law for 

15 all— 

16 (A) past and present claims for injury to 

17 water rights resulting from the diversion or use 

18 of water on the reservation and on off-reserva19 tion trust land arising from time immemorial 

20 through the enforceability date; 

21 (B) claims for injury to water rights aris22 ing after the enforceability date resulting from 

23 the diversion or use of water on the reservation 

24 and on off-reservation trust land in a manner 

25 that is not in violation of the Agreement; and 
55 

† HR 4783 EAS 

1 (C) past, present, and future claims aris2 ing out of or related in any manner to the nego3 tiation, execution, or adoption of the Agree4 ment, an applicable settlement judgement or de5 cree, or this title. 

6 (3) CLAIMS AGAINST UNITED STATES.—Except 

7 for the specifically retained claims described in sub8 section (b)(2), the Tribe, on behalf of itself and its 

9 members, as part of the performance of the obliga10 tions of the Tribe under the Agreement, is author11 ized to execute a waiver and release of any claim 

12 against the United States, including agencies, offi13 cials, or employees of the United States (except in 

14 the capacity of the United States as trustee for 

15 other Indian tribes), under Federal, State, or other 

16 law for any and all— 

17 (A)(i) past, present, and future claims for 

18 water rights for the reservation and off-reserva19 tion trust land arising from time immemorial 

20 and, thereafter, forever; and 

21 (ii) past, present, and future claims for 

22 water rights arising from time immemorial and, 

23 thereafter, forever that are based on aboriginal 

24 occupancy of land by the Tribe, its members, or 

25 their predecessors; 
56 

† HR 4783 EAS 

1 (B)(i) past and present claims relating in 

2 any manner to damages, losses, or injuries to 

3 water, water rights, land, or other resources 

4 due to loss of water or water rights (including 

5 damages, losses, or injuries to hunting, fishing, 

6 gathering, or cultural rights due to loss of 

7 water or water rights, claims relating to inter8 ference with, diversion, or taking of water, or 

9 claims relating to failure to protect, acquire, or 

10 develop water, water rights, or water infrastruc11 ture) within the reservation and off-reservation 

12 trust land that first accrued at any time prior 

13 to the enforceability date; 

14 (ii) past, present, and future claims for in15 jury to water rights arising from time immemo16 rial and, thereafter, forever that are based on 

17 aboriginal occupancy of land by the Tribe, its 

18 members, or their predecessors; and 

19 (iii) claims for injury to water rights aris20 ing after the enforceability date for the reserva21 tion and off-reservation trust land resulting 

22 from the off-reservation diversion or use of 

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

24 Agreement or applicable law; 
57 

† HR 4783 EAS 

1 (C) past, present, and future claims aris2 ing out of, or relating in any manner to, the ne3 gotiation, execution, or adoption of the Agree4 ment, an applicable settlement judgment or de5 cree, or this title; 

6 (D) past and present claims relating in any 

7 manner to pending litigation of claims relating 

8 to the water rights of the Tribe for the reserva9 tion and off-reservation trust land; 

10 (E) past and present claims relating to the 

11 operation, maintenance, and replacement of ex12 isting irrigation systems on the reservation con13 structed prior to the enforceability date that 

14 first accrued at any time prior to the enforce15 ability date, which waiver shall only become ef16 fective on the full appropriation and payment to 

17 the Tribe of $4,950,000 of the amounts made 

18 available under section 312(b)(2)(B); 

19 (F) any claims relating to operation, main20 tenance, and replacement of the WMAT rural 

21 water system, which waiver shall only become 

22 effective on the date on which funds are made 

23 available under section 312(b)(3)(B) and depos24 ited in the WMAT Maintenance Fund; 
58 

† HR 4783 EAS 

1 (G) past and present breach of trust and 

2 negligence claims for damage to the land and 

3 natural resources of the Tribe caused by ripar4 ian and other vegetative manipulation by the 

5 United States for the purpose of increasing 

6 water runoff from the reservation that first ac7 crued at any time prior to the enforceability 

8 date; and 

9 (H) past and present claims for trespass, 

10 use, and occupancy of the reservation in, on, 

11 and along the Black River that first accrued at 

12 any time prior to the enforceability date. 

13 (4) EFFECT ON BOUNDARY CLAIMS.—Nothing 

14 in this title expands, diminishes, or impacts any 

15 claims the Tribe may assert, or any defense the 

16 United States may assert, concerning title to land 

17 outside the most current survey, as of the date of 

18 enactment of this Act, of the northern boundary of 

19 the reservation. 

20 (b) RESERVATION OF RIGHTS AND RETENTION OF

21 CLAIMS.— 

22 (1) RESERVATION OF RIGHTS AND RETENTION

23 OF CLAIMS BY TRIBE AND UNITED STATES.— 

24 (A) IN GENERAL.—Notwithstanding the 

25 waiver and release of claims authorized under 
59 

† HR 4783 EAS 

1 subsection (a)(1), the Tribe, on behalf of itself 

2 and its members, and the United States, acting 

3 as trustee for the Tribe and its members, shall 

4 retain any right— 

5 (i) subject to subparagraph 16.9 of 

6 the Agreement, to assert claims for inju7 ries to, and seek enforcement of, the rights 

8 of the Tribe and its members under the 

9 Agreement or this title in any Federal or 

10 State court of competent jurisdiction; 

11 (ii) to assert claims for injuries to, 

12 and seek enforcement of, the rights of the 

13 Tribe under the judgment and decree en14 tered by the court in the Gila River adju15 dication proceedings; 

16 (iii) to assert claims for injuries to, 

17 and seek enforcement of, the rights of the 

18 Tribe under the judgment and decree en19 tered by the court in the Little Colorado 

20 River adjudication proceedings; 

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

22 any other Indian tribe, Indian community 

23 or nation, or dependent Indian community, 

24 or the United States on behalf of such a 

25 tribe, community, or nation; 
60 

† HR 4783 EAS 

1 (v) to participate in the Gila River ad2 judication proceedings and the Little Colo3 rado River adjudication proceedings to the 

4 extent provided in subparagraph 14.1 of 

5 the Agreement; 

6 (vi) to assert any claims arising after 

7 the enforceability date for injury to water 

8 rights not specifically waived under this 

9 section; 

10 (vii) to assert any past, present, or fu11 ture claim for injury to water rights 

12 against any other Indian tribe, Indian 

13 community or nation, dependent Indian 

14 community, allottee, or the United States 

15 on behalf of such a tribe, community, na16 tion, or allottee; 

17 (viii) to assert any past, present, or 

18 future claim for trespass, use, and occu19 pancy of the reservation in, on, or along 

20 the Black River against Freeport21 McMoRan Copper & Gold, Inc., Phelps 

22 Dodge Corporation, or Phelps Dodge 

23 Morenci, Inc. (or a predecessor or suc24 cessor of those entities), including all sub-
61 

† HR 4783 EAS 

1 sidiaries and affiliates of those entities; 

2 and 

3 (ix) to assert claims arising after the 

4 enforceability date for injury to water 

5 rights resulting from the pumping of water 

6 from land located within national forest 

7 land as of the date of the Agreement in the 

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

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

T. 8 N., R. 24 E., or the north 1 10 ⁄2 of T. 

11 8 N., R. 25 E., if water from the land is 

12 used on the land or is transported off the 

13 land for municipal, commercial, or indus14 trial use. 

15 (B) AGREEMENT.—On terms acceptable to 

16 the Tribe and the United States, the Tribe and 

17 the United States are authorized to enter into 

18 an agreement with Freeport-McMoRan Copper 

19 & Gold, Inc., Phelps Dodge Corporation, or 

20 Phelps Dodge Morenci, Inc. (or a predecessor 

21 or successor of those entities), including all sub22 sidiaries and affiliates of those entities, to re23 solve the claims of the Tribe relating to the 

24 trespass, use, and occupancy of the reservation 

25 in, on, and along the Black River. 
62 

† HR 4783 EAS 

1 (2) RESERVATION OF RIGHTS AND RETENTION

2 OF CLAIMS BY TRIBE AGAINST UNITED STATES.— 

3 Notwithstanding the waiver and release of claims 

4 authorized under subsection (a)(3), the Tribe, on be5 half of itself and its members, shall retain any 

6 right— 

7 (A) subject to subparagraph 16.9 of the 

8 Agreement, to assert claims for injuries to, and 

9 seek enforcement of, the rights of the Tribe and 

10 its members under the Agreement or this title, 

11 in any Federal or State court of competent ju12 risdiction; 

13 (B) to assert claims for injuries to, and 

14 seek enforcement of, the rights of the Tribe and 

15 members under the judgment and decree en16 tered by the court in the Gila River adjudica17 tion proceedings; 

18 (C) to assert claims for injuries to, and 

19 seek enforcement of, the rights of the Tribe and 

20 members under the judgment and decree en21 tered by the court in the Little Colorado River 

22 adjudication proceedings; 

23 (D) to object to any claims by or for any 

24 other Indian tribe, Indian community or nation, 

25 or dependent Indian community, or the United 
63 

† HR 4783 EAS 

1 States on behalf of such a tribe, community, or 

2 nation; 

3 (E) to assert past, present, or future 

4 claims for injury to water rights or any other 

5 claims other than a claim to water rights, 

6 against any other Indian tribe, Indian commu7 nity or nation, or dependent Indian community, 

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

9 community, or nation; 

10 (F) to assert claims arising after the en11 forceability date for injury to water rights re12 sulting from the pumping of water from land 

13 located within national forest land as of the 

date of the Agreement in the south 1 14 ⁄2 of T. 9 

N., R. 24 E., the south 1 15 ⁄2 of T. 9 N., R. 25 

E., the north 1 16 ⁄2 of T. 8 N., R. 24 E., or the 

north 1 17 ⁄2 of T. 8 N., R. 25 E., if water from 

18 that land is used on the land or is transported 

19 off the land for municipal, commercial, or in20 dustrial use; 

21 (G) to assert any claims arising after the 

22 enforceability date for injury to water rights not 

23 specifically waived under this section; 
64 

† HR 4783 EAS 

1 (H) to seek remedies and to assert any 

2 other claims not specifically waived under this 

3 section; and 

4 (I) to assert any claim arising after the en5 forceability date for a future taking by the 

6 United States of reservation land, off-reserva7 tion trust land, or any property rights appur8 tenant to that land, including any water rights 

9 set forth in paragraph 4.0 of the Agreement. 

10 (3) RESERVATION OF RIGHTS AND RETENTION

11 OF CLAIMS BY UNITED STATES.—Notwithstanding 

12 the waiver and release of claims authorized under 

13 subsection (a)(2), the United States shall retain any 

14 right to assert any claim not specifically waived in 

15 that subsection. 

16 (c) EFFECTIVENESS OF WAIVER AND RELEASES.— 

17 Except as otherwise specifically provided in subparagraphs 

18 (E) and (F) of subsection (a)(3), the waivers and releases 

19 under subsection (a) shall become effective on the enforce20 ability date. 

21 (d) ENFORCEABILITY DATE.— 

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

23 the date on which the Secretary publishes in the 

24 Federal Register a statement of findings that— 
65 

† HR 4783 EAS 

1 (A)(i) to the extent that the Agreement 

2 conflicts with this title, the Agreement has been 

3 revised through an amendment to eliminate the 

4 conflict; and 

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

6 executed by the Secretary, the Tribe, and the 

7 Governor of the State; 

8 (B) the Secretary has fulfilled the require9 ments of sections 305 and 306; 

10 (C) the amount made available under sec11 tion 312(a) has been deposited in the White 

12 Mountain Apache Tribe Water Rights Settle13 ment Subaccount; 

14 (D) the State funds described in subpara15 graph 13.3 of the Agreement have been depos16 ited in the White Mountain Apache Tribe 

17 Water Rights Settlement Subaccount; 

18 (E) the Secretary has issued a record of 

19 decision approving the construction of the 

20 WMAT rural water system in a configuration 

21 substantially similar to that described in section 

22 307; 

23 (F) the judgments and decrees substan24 tially in the form of those attached to the 

25 Agreement as exhibits 12.9.6.1 and 12.9.6.2 
66 

† HR 4783 EAS 

1 have been approved by the respective trial 

2 courts; and 

3 (G) the waivers and releases authorized 

4 and set forth in subsection (a) have been exe5 cuted by the Tribe and the Secretary. 

6 (2) FAILURE OF ENFORCEABILITY DATE TO

7 OCCUR.—If the Secretary does not publish a state8 ment of findings under paragraph (1) by April 30, 

9 2021— 

10 (A) this title is repealed effective May 1, 

11 2021, and any activity by the Secretary to carry 

12 out this title shall cease; 

13 (B) any amounts made available under sec14 tion 312 shall immediately revert to the general 

15 fund of the Treasury; 

16 (C) any other amounts deposited in the 

17 White Mountain Apache Tribe Water Rights 

18 Settlement Subaccount (including any amounts 

19 paid by the State in accordance with the Agree20 ment), together with any interest accrued on 

21 those amounts, shall immediately be returned to 

22 the respective sources of those funds; and 

23 (D) the Tribe and its members, and the 

24 United States, acting as trustee for the Tribe 

25 and its members, shall retain the right to assert 
67 

† HR 4783 EAS 

1 past, present, and future water rights claims 

2 and claims for injury to water rights for the 

3 reservation and off-reservation trust land. 

4 (3) NO ADDITIONAL RIGHTS TO WATER.—Be5 ginning on the enforceability date, all land held by 

6 the United States in trust for the Tribe and its 

7 members shall have no rights to water other than 

8 those specifically quantified for the Tribe and the 

9 United States, acting as trustee for the Tribe and 

10 its members, for the reservation and off-reservation 

11 trust land pursuant to paragraph 4.0 of the Agree12 ment. 

13 (e) UNITED STATES ENFORCEMENT AUTHORITY.— 

14 Nothing in this title or the Agreement affects any right 

15 of the United States to take any action, including environ16 mental actions, under any laws (including regulations and 

17 the common law) relating to human health, safety, or the 

18 environment. 

19 (f) NO EFFECT ON WATER RIGHTS.—Except as pro20 vided in paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and 

21 (3)(B)(ii) of subsection (a), nothing in this title affects 

22 any rights to water of the Tribe, its members, or the 

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

24 members, for land outside the boundaries of the reserva25 tion or the off-reservation trust land. 
68 

† HR 4783 EAS 

1 (g) ENTITLEMENTS.—Any entitlement to water of 

2 the Tribe, its members, or the United States, acting as 

3 trustee for the Tribe and its members, relating to the res4 ervation or off-reservation trust land shall be satisfied 

5 from the water resources granted, quantified, confirmed, 

6 or recognized with respect to the Tribe, its members, and 

7 the United States by the Agreement and this title. 

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

9 paragraphs (1)(A)(ix) and (2)(F) of subsection (b), the 

10 Tribe and the United States, acting as trustee for the 

11 Tribe shall not— 

12 (1) object to the use of any well located outside 

13 the boundaries of the reservation or the off-reserva14 tion trust land in existence on the enforceability 

15 date; or 

16 (2) object to, dispute, or challenge after the en17 forceability date the drilling of any well or the with18 drawal and use of water from any well in the Little 

19 Colorado River adjudication proceedings, the Gila 

20 River adjudication proceedings, or any other judicial 

21 or administrative proceeding. 

22 SEC. 310. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 

23 SETTLEMENT SUBACCOUNT. 

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

25 Lower Colorado River Basin Development Fund a sub-
69 

† HR 4783 EAS 

1 account to be known as the ‘‘White Mountain Apache 

2 Tribe Water Rights Settlement Subaccount’’, consisting 

3 of— 

4 (1) the amounts deposited in the subaccount 

5 pursuant to section 312(a); and 

6 (2) such other amounts as are available, includ7 ing the amounts provided in subparagraph 13.3 of 

8 the Agreement. 

9 (b) USE OF FUNDS.— 

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

11 the Secretary shall use amounts from the White 

12 Mountain Apache Tribe Water Rights Settlement 

13 Subaccount for the planning, design, and construc14 tion of the WMAT rural water system, in accordance 

15 with section 307(a). 

16 (2) REQUIREMENTS.—In carrying out the ac17 tivities described in paragraph (1), the Secretary 

18 shall use such sums as are necessary from the White 

19 Mountain Apache Tribe Water Rights Settlement 

20 Subaccount— 

21 (A) to provide the Bureau with amounts 

22 sufficient to carry out oversight of the planning, 

23 design, and construction of the WMAT rural 

24 water system; 
70 

† HR 4783 EAS 

1 (B) to repay to the Treasury (or the 

2 United States) any outstanding balance on the 

3 loan authorized by the White Mountain Apache 

4 Tribe Rural Water System Loan Authorization 

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

6 after which repayment, the Tribe shall have no 

7 further liability for the balance on that loan; 

8 and 

9 (C) to carry out all required environmental 

10 compliance activities associated with the plan11 ning, design, and construction of the WMAT 

12 rural water system. 

13 (c) ISDEAA CONTRACT.— 

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

15 planning, design, and construction of the WMAT 

16 rural water system shall be carried out pursuant to 

17 the terms of an agreement or agreements entered 

18 into under section 307(h). 

19 (2) ENFORCEMENT.—The Secretary may pur20 sue any judicial remedies and carry out any adminis21 trative actions that are necessary to enforce an 

22 agreement described in paragraph (1) to ensure that 

23 amounts in the White Mountain Apache Tribe Water 

24 Rights Settlement Subaccount are used in accord25 ance with this section. 
71 

† HR 4783 EAS 

1 (d) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 

2 No amount of the principal, or the interest or income ac3 cruing on the principal, of the White Mountain Apache 

4 Tribe Water Rights Settlement Subaccount shall be dis5 tributed to any member of the Tribe on a per capita basis. 

6 (e) AVAILABILITY OF FUNDS.— 

7 (1) IN GENERAL.—Amounts in the White 

8 Mountain Apache Tribe Water Rights Settlement 

9 Subaccount shall not be available for expenditure by 

10 the Secretary until the enforceability date. 

11 (2) INVESTMENT.—The Secretary shall invest 

12 the amounts in the White Mountain Apache Tribe 

13 Water Rights Settlement Subaccount in accordance 

14 with section 403(f)(4) of the Colorado River Basin 

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

16 (3) USE OF INTEREST.—The interest accrued 

17 on amounts invested under paragraph (2) shall not 

18 be available for expenditure or withdrawal until the 

19 enforceability date. 

20 SEC. 311. MISCELLANEOUS PROVISIONS. 

21 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

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

23 described in paragraph (2)— 

24 (A) the United States or the Tribe, or 

25 both, may be joined in the civil action; and 
72 

† HR 4783 EAS 

1 (B) any claim by the United States or the 

2 Tribe to sovereign immunity from the civil ac3 tion is waived for the sole purpose of resolving 

4 any issue regarding the interpretation or en5 forcement of this title or the Agreement. 

6 (2) DESCRIPTION OF CIVIL ACTION.—A civil ac7 tion referred to in paragraph (1) is a civil action 

8 filed— 

9 (A) by any party to the Agreement or sig10 natory to an exhibit to the Agreement in a 

11 United States or State court that— 

12 (i) relates solely and directly to the in13 terpretation or enforcement of this title or 

14 the Agreement; and 

15 (ii) names as a party the United 

16 States or the Tribe; or 

17 (B) by a landowner or water user in the 

18 Gila River basin or Little Colorado River basin 

19 in the State that— 

20 (i) relates solely and directly to the in21 terpretation or enforcement of section 309 

22 of this title and paragraph 12.0 of the 

23 Agreement; and 

24 (ii) names as a party the United 

25 States or the Tribe. 
73 

† HR 4783 EAS 

1 (b) EFFECT OF TITLE.—Nothing in this title quan2 tifies or otherwise affects any water right or claim or enti3 tlement to water of any Indian tribe, band, or community 

4 other than the Tribe. 

5 (c) LIMITATION ON LIABILITY OF UNITED

6 STATES.— 

7 (1) IN GENERAL.—The United States shall 

8 have no trust or other obligation— 

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

10 in any manner, any amount paid to the Tribe 

11 by any party to the Agreement other than the 

12 United States; or 

13 (B) to review or approve the expenditure of 

14 those funds. 

15 (2) INDEMNIFICATION.—The Tribe shall indem16 nify the United States, and hold the United States 

17 harmless, with respect to any claim (including claims 

18 for takings or breach of trust) arising out of the re19 ceipt or expenditure of funds described in paragraph 

20 (1)(A). 

21 (d) APPLICABILITY OF RECLAMATION REFORM

22 ACT.—The Reclamation Reform Act of 1982 (43 U.S.C. 

23 390aa et seq.) and any other acreage limitation or full24 cost pricing provision under Federal law shall not apply 

25 to any individual, entity, or land solely on the basis of— 
74 

† HR 4783 EAS 

1 (1) receipt of any benefit under this title; 

2 (2) the execution or performance of the Agree3 ment; or 

4 (3) the use, storage, delivery, lease, or exchange 

5 of CAP water. 

6 (e) SECRETARIAL POWER SITES.—The portions of 

7 the following named secretarial power site reserves that 

8 are located on the Fort Apache Indian Reservation or the 

9 San Carlos Apache Reservation, as applicable, shall be 

10 transferred and restored into the name of the Tribe or 

11 the San Carlos Apache Tribe, respectively: 

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

13 3 N., R. 27 E.). 

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

15 2 N., R. 26 E.; T. 3 N., R. 26 E.). 

16 (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 

E.; T. 41⁄2 N., R. 19 E.; T. 41 17 ⁄2 N., R. 20 E.; T. 

41 18 ⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). 

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

20 E.). 

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

22 R. 18 E.). 

(6) Gleason Flat (T. 41 23 ⁄2 N., R. 16 E.; T. 5 N., 

24 R. 16 E.). 
75 

† HR 4783 EAS 

1 (f) NO EFFECT ON FUTURE ALLOCATIONS.—Water 

2 received under a lease or exchange of tribal CAP water 

3 under this title shall not affect any future allocation or 

4 reallocation of CAP water by the Secretary. 

5 (g) AFTER-ACQUIRED TRUST LAND.— 

6 (1) REQUIREMENT OF ACT OF CONGRESS.— 

7 (A) LEGAL TITLE.—Subject to subpara8 graph (B), after the enforceability date, if the 

9 Tribe seeks to have legal title to additional land 

10 in the State located outside the exterior bound11 aries of the reservation taken into trust by the 

12 United States for the benefit of the Tribe, the 

13 Tribe may do so only pursuant to an Act of 

14 Congress specifically authorizing the transfer 

15 for the benefit of the Tribe. 

16 (B) EXCEPTIONS.—Subparagraph (A) 

17 shall not apply to— 

18 (i) the restoration of land to the res19 ervation subsequently and finally deter20 mined to be part of the reservation 

21 through resolution of any dispute between 

22 the Tribe and the United States over the 

23 location of the reservation boundary, un24 less required by Federal law; or 
76 

† HR 4783 EAS 

1 (ii) off-reservation trust land acquired 

2 prior to January 1, 2008. 

3 (2) WATER RIGHTS.— 

4 (A) IN GENERAL.—After-acquired trust 

5 land that is located outside the reservation shall 

6 not include federally reserved rights to surface 

7 water or groundwater. 

8 (B) RESTORED LAND.—Land that is re9 stored to the reservation as the result of the 

10 resolution of any reservation boundary dispute 

11 between the Tribe and the United States, or 

12 any fee simple land within the reservation that 

13 is placed into trust, shall have water rights pur14 suant to section 308(b). 

15 (3) ACCEPTANCE OF LAND IN TRUST STATUS.— 

16 (A) IN GENERAL.—If the Tribe acquires 

17 legal fee title to land that is located within the 

18 exterior boundaries of the reservation, the Sec19 retary shall accept the land in trust status for 

20 the benefit of the Tribe in accordance with ap21 plicable Federal law (including regulations) for 

22 such real estate acquisitions. 

23 (B) RESERVATION STATUS.—Land held in 

24 trust by the Secretary under subparagraph (A), 

25 or restored to the reservation as a result of res-
77 

† HR 4783 EAS 

1 olution of a boundary dispute between the Tribe 

2 and the United States, shall be deemed to be 

3 part of the reservation. 

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

5 the White Mountain Apache Tribe Rural Water System 

6 Loan Authorization Act (Public Law 110–390; 122 Stat. 

7 4191) is amended by striking ‘‘January 1, 2013’’ and in8 serting ‘‘May 1, 2021’’. 

9 SEC. 312. FUNDING. 

10 (a) RURAL WATER SYSTEM.— 

11 (1) MANDATORY APPROPRIATIONS.—Subject to 

12 paragraph (2), out of any funds in the Treasury not 

13 otherwise appropriated, the Secretary of the Treas14 ury shall transfer to the Secretary to carry out the 

15 planning, engineering, design, environmental compli16 ance, and construction of the WMAT rural water 

17 system $126,193,000. 

18 (2) INCLUSIONS.—The amount made available 

19 under paragraph (1) shall include such sums as are 

20 necessary, but not to exceed 4 percent of the con21 struction contract costs, for the Bureau to carry out 

22 oversight of activities for planning, design, environ23 mental compliance, and construction of the rural 

24 water system. 
78 

† HR 4783 EAS 

1 (b) WMAT SETTLEMENT AND MAINTENANCE

2 FUNDS.— 

3 (1) DEFINITION OF FUNDS.—In this sub4 section, the term ‘‘Funds’’ means— 

5 (A) the WMAT Settlement Fund estab6 lished by paragraph (2)(A); and 

7 (B) the WMAT Maintenance Fund estab8 lished by paragraph (3)(A). 

9 (2) WMAT SETTLEMENT FUND.— 

10 (A) ESTABLISHMENT.—There is estab11 lished in the Treasury of the United States a 

12 fund to be known as the ‘‘WMAT Settlement 

13 Fund’’, to be administered by the Secretary, 

14 consisting of the amounts deposited in the fund 

15 under subparagraph (B), together with any in16 terest accrued on those amounts, for use by the 

17 Tribe in accordance with subparagraph (C). 

18 (B) TRANSFERS TO FUND.— 

19 (i) IN GENERAL.—There are author20 ized to be appropriated to the Secretary 

21 for deposit in the WMAT Settlement 

22 Fund— 

23 (I) $78,500,000; and 

24 (II) any additional amounts de25 scribed in clause (ii), if applicable. 
79 

† HR 4783 EAS 

1 (ii) AUTHORIZATION OF ADDITIONAL

2 AMOUNTS.—In accordance with subsection 

3 (e)(4)(B), if the WMAT rural water sys4 tem is conveyed to the Tribe before the 

5 date on which the $35,000,000 described 

6 in subsection (e)(2) is completely made 

7 available, there is authorized to be appro8 priated to the Secretary, for deposit in the 

9 WMAT Settlement Fund, any remaining 

10 amounts that would otherwise have been 

11 made available for expenditure from the 

12 Cost Overrun Subaccount. 

13 (C) USE OF FUNDS.— 

14 (i) IN GENERAL.—The Tribe shall use 

15 amounts in the WMAT Settlement Fund 

16 for any of the following purposes: 

17 (I) Fish production, including 

18 hatcheries. 

19 (II) Rehabilitation of recreational 

20 lakes and existing irrigation systems. 

21 (III) Water-related economic de22 velopment projects. 

23 (IV) Protection, restoration, and 

24 economic development of forest and 

25 watershed health. 
80 

† HR 4783 EAS 

1 (ii) EXISTING IRRIGATION SYSTEMS.— 

2 Of the amounts deposited in the Fund 

3 under subparagraph (B), not less than 

4 $4,950,000 shall be used for the rehabilita5 tion of existing irrigation systems. 

6 (3) WMAT MAINTENANCE FUND.— 

7 (A) ESTABLISHMENT.—There is estab8 lished in the Treasury of the United States a 

9 fund to be known as the ‘‘WMAT Maintenance 

10 Fund’’, to be administered by the Secretary, 

11 consisting of the amounts deposited in the fund 

12 under subparagraph (B), together with any in13 terest accrued on those amounts, for use by the 

14 Tribe in accordance with subparagraph (C). 

15 (B) MANDATORY APPROPRIATIONS.—Out 

16 of any funds in the Treasury not otherwise ap17 propriated, the Secretary of the Treasury shall 

18 transfer to the Secretary $50,000,000 for de19 posit in the WMAT Maintenance Fund. 

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

21 amounts in the WMAT Maintenance Fund only 

22 for the operation, maintenance, and replace23 ment costs associated with the delivery of water 

24 through the WMAT rural water system. 
81 

† HR 4783 EAS 

1 (4) ADMINISTRATION.—The Secretary shall 

2 manage the Funds in accordance with the American 

3 Indian Trust Fund Management Reform Act of 

4 1994 (25 U.S.C. 4001 et seq.), including by invest5 ing amounts in the Funds in accordance with— 

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

7 161); and 

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

9 1938 (25 U.S.C. 162a). 

10 (5) AVAILABILITY OF AMOUNTS FROM

11 FUNDS.—Amounts in the Funds shall be available 

12 for expenditure or withdrawal only after the enforce13 ability date and in accordance with subsection (f). 

14 (6) EXPENDITURE AND WITHDRAWAL.— 

15 (A) TRIBAL MANAGEMENT PLAN.— 

16 (i) IN GENERAL.—The Tribe may 

17 withdraw all or part of the amounts in the 

18 Funds on approval by the Secretary of a 

19 tribal management plan, as described in 

20 the American Indian Trust Fund Manage21 ment Reform Act of 1994 (25 U.S.C. 4001 

22 et seq.). 

23 (ii) REQUIREMENTS.—In addition to 

24 the requirements under the American In25 dian Trust Fund Management Reform Act 
82 

† HR 4783 EAS 

1 of 1994 (25 U.S.C. 4001 et seq.), a tribal 

2 management plan under this subparagraph 

3 shall require the Tribe to use any amounts 

4 withdrawn from the Funds in accordance 

5 with paragraph (2)(C) or (3)(C), as appli6 cable. 

7 (iii) ENFORCEMENT.—The Secretary 

8 may take judicial or administrative action 

9 to enforce the provisions of a tribal man10 agement plan described in clause (i) to en11 sure that any amounts withdrawn from the 

12 Funds under the tribal management plan 

13 are used in accordance with this title and 

14 the Agreement. 

15 (iv) LIABILITY.—If the Tribe exer16 cises the right to withdraw amounts from 

17 the Funds, neither the Secretary nor the 

18 Secretary of the Treasury shall retain any 

19 liability for the expenditure or investment 

20 of the amounts. 

21 (B) EXPENDITURE PLAN.— 

22 (i) IN GENERAL.—The Tribe shall 

23 submit to the Secretary for approval an ex24 penditure plan for any portion of the 

25 amounts in the Funds that the Tribe does 
83 

† HR 4783 EAS 

1 not withdraw under the tribal management 

2 plan. 

3 (ii) DESCRIPTION.—The expenditure 

4 plan shall describe the manner in which, 

5 and the purposes for which, amounts re6 maining in the Funds will be used. 

7 (iii) APPROVAL.—On receipt of an ex8 penditure plan under clause (i), the Sec9 retary shall approve the plan, if the Sec10 retary determines that the plan is reason11 able and consistent with this title and the 

12 Agreement. 

13 (iv) ANNUAL REPORT.—For each of 

14 the Funds, the Tribe shall submit to the 

15 Secretary an annual report that describes 

16 all expenditures from the Fund during the 

17 year covered by the report. 

18 (C) CERTAIN PER CAPITA DISTRIBUTIONS

19 PROHIBITED.—No amount in the Funds shall 

20 be distributed to any member of the Tribe on 

21 a per capita basis. 

22 (c) COST INDEXING.—All amounts made available 

23 under subsections (a), (b), and (e) shall be adjusted as 

24 necessary to reflect the changes since October 1, 2007, 

25 in the construction cost indices applicable to the types of 
84 

† HR 4783 EAS 

1 construction involved in the construction of the WMAT 

2 rural water supply system, the maintenance of the rural 

3 water supply system, and the construction or rehabilita4 tion of the other development projects described in sub5 section (b)(2)(C). 

6 (d) OPERATION, MAINTENANCE, AND REPLACE7 MENT.—Out of any funds in the Treasury not otherwise 

8 appropriated, the Secretary of the Treasury shall transfer 

9 to the Secretary $2,500,000 for the operation, mainte10 nance, and replacement costs of the WMAT rural water 

11 system, to remain available until the conditions described 

12 in section 307(f) have been met. 

13 (e) COST OVERRUN SUBACCOUNT.— 

14 (1) ESTABLISHMENT.—There is established in 

15 the Lower Colorado River Basin Development Fund 

16 a subaccount to be known as the ‘‘WMAT Cost 

17 Overrun Subaccount’’, to be administered by the 

18 Secretary, consisting of the amounts deposited in the 

19 subaccount under paragraph (2), together with any 

20 interest accrued on those amounts, for use by the 

21 Secretary in accordance with paragraph (4). 

22 (2) MANDATORY APPROPRIATIONS; AUTHORIZA23 TION OF APPROPRIATIONS.— 

24 (A) MANDATORY APPROPRIATIONS.—Out 

25 of any funds in the Treasury not otherwise ap-
85 

† HR 4783 EAS 

1 propriated, the Secretary of the Treasury shall 

2 transfer to the Secretary $24,000,000 for de3 posit in the WMAT Cost Overrun Subaccount. 

4 (B) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 for deposit in the WMAT Cost Overrun Sub7 account $11,000,000. 

8 (3) AVAILABILITY OF FUNDS.— 

9 (A) IN GENERAL.—Amounts in the WMAT 

10 Cost Overrun Subaccount shall not be available 

11 for expenditure by the Secretary until the en12 forceability date. 

13 (B) INVESTMENT.—The Secretary shall in14 vest the amounts in the WMAT Cost Overrun 

15 Subaccount in accordance with section 

16 403(f)(4) of the Colorado River Basin Project 

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

18 (C) USE OF INTEREST.—The interest ac19 crued on the amounts invested under subpara20 graph (B) shall not be available for expenditure 

21 or withdrawal until the enforceability date. 

22 (4) USE OF COST OVERRUN SUBACCOUNT.— 

23 (A) INITIAL USE.—The Secretary shall use 

24 the amounts in the WMAT Cost Overrun Sub25 account to complete the WMAT rural water 
86 

† HR 4783 EAS 

1 system or to carry out activities relating to the 

2 operation, maintenance, or replacement of fa3 cilities of the WMAT rural water system, as ap4 plicable, if the Secretary determines that the 

5 amounts made available under subsections (a) 

6 and (d) will be insufficient in the period before 

7 title to the WMAT rural water system is con8 veyed to the Tribe— 

9 (i) to complete the WMAT rural water 

10 system; or 

11 (ii) to operate and maintain the 

12 WMAT rural water system. 

13 (B) TRANSFER OF FUNDS.—All unobli14 gated amounts remaining in the Cost Overrun 

15 Subaccount on the date on which title to the 

16 WMAT rural water system is conveyed to the 

17 Tribe shall be— 

18 (i) returned to the general fund of the 

19 Treasury; and 

20 (ii) on an appropriation pursuant to 

21 subsection (b)(2)(B)(ii), deposited in the 

22 WMAT Settlement Fund and made avail23 able to the Tribe for use in accordance 

24 with subsection (b)(2)(C). 
87 

† HR 4783 EAS 

1 (f) CONDITIONS.—The amounts made available to 

2 the Secretary for deposit in the WMAT Maintenance 

3 Fund, together with any interest accrued on those 

4 amounts under subsection (b)(3) and any interest accru5 ing on the WMAT Settlement Fund under subsection 

6 (b)(2), shall not be available for expenditure or withdrawal 

7 until the WMAT rural water system is transferred to the 

8 Tribe under section 307(d)(2). 

9 (g) RECEIPT AND ACCEPTANCE.—The Secretary 

10 shall be entitled to receive, shall accept, and shall use to 

11 carry out this title the funds transferred under subsections 

12 (a), (b), (d), and (e), without further appropriation, to re13 main available until expended. 

14 SEC. 313. ANTIDEFICIENCY. 

15 The United States shall not be liable for failure to 

16 carry out any obligation or activity authorized to be car17 ried out under this title (including any such obligation or 

18 activity under the Agreement) if adequate appropriations 

19 are not provided by Congress expressly to carry out the 

20 purposes of this title. 

21 SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

22 In implementing the Agreement and carrying out this 

23 title, the Secretary shall promptly comply with all applica24 ble requirements of— 
88 

† HR 4783 EAS 

1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); 

3 (2) the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.); 

5 (3) all other applicable Federal environmental 

6 laws; and 

7 (4) all regulations promulgated under the laws 

8 described in paragraphs (1) through (3). 

9 TITLE IV—CROW TRIBE WATER 

10 RIGHTS SETTLEMENT 

11 SEC. 401. SHORT TITLE. 

12 This title may be cited as the ‘‘Crow Tribe Water 

13 Rights Settlement Act of 2010’’. 

14 SEC. 402. PURPOSES. 

15 The purposes of this title are— 

16 (1) to achieve a fair, equitable, and final settle17 ment of claims to water rights in the State of Mon18 tana for— 

19 (A) the Crow Tribe; and 

20 (B) the United States for the benefit of 

21 the Tribe and allottees; 

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

23 Tribe-Montana Water Rights Compact entered into 

24 by the Tribe and the State of Montana on June 22, 

25 1999; 
89 

† HR 4783 EAS 

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

2 Interior— 

3 (A) to execute the Crow Tribe-Montana 

4 Water Rights Compact; and 

5 (B) to take any other action necessary to 

6 carry out the Compact in accordance with this 

7 title; and 

8 (4) to ensure the availability of funds necessary 

9 for the implementation of the Compact and this 

10 title. 

11 SEC. 403. DEFINITIONS. 

12 In this title: 

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

14 any individual who holds a beneficial real property 

15 interest in an allotment of Indian land that is— 

16 (A) located within the Reservation or the 

17 ceded strip; and 

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

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

20 means the area identified as the ceded strip on the 

21 map included in appendix 5 of the Compact. 

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

23 means— 
90 

† HR 4783 EAS 

1 (A) any recurring or ongoing activity asso2 ciated with the day-to-day operation of the 

3 Crow Irrigation Project; 

4 (B) any activity relating to scheduled or 

5 unscheduled maintenance of the Crow Irrigation 

6 Project; and 

7 (C) any activity relating to replacement of 

8 a feature of the Crow Irrigation Project. 

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

10 the water rights compact between the Tribe and the 

11 State of Montana contained in section 85–20–901 of 

12 the Montana Code Annotated (2009) (including any 

13 exhibit, part, or amendment to the Compact). 

14 (5) CROW IRRIGATION PROJECT.— 

15 (A) IN GENERAL.—The term ‘‘Crow Irri16 gation Project’’ means the irrigation project— 

17 (i) authorized by section 31 of the Act 

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

19 (ii) managed by the Secretary (acting 

20 through the Bureau of Indian Affairs); and 

21 (iii) consisting of the project units 

22 of— 

23 (I) Agency; 

24 (II) Bighorn; 

25 (III) Forty Mile; 
91 

† HR 4783 EAS 

1 (IV) Lodge Grass #1; 

2 (V) Lodge Grass #2; 

3 (VI) Pryor; 

4 (VII) Reno; 

5 (VIII) Soap Creek; and 

6 (IX) Upper Little Horn. 

7 (B) INCLUSION.—The term ‘‘Crow Irriga8 tion Project’’ includes land held in trust by the 

9 United States for the Tribe and the allottees in 

10 the Bozeman Trail and Two Leggins irrigation 

11 districts. 

12 (6) ENFORCEABILITY DATE.—The term ‘‘en13 forceability date’’ means the date on which the Sec14 retary publishes in the Federal Register the state15 ment of findings described in section 410(e). 

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

17 approval of the decree described in section 

18 410(e)(1)(A), means— 

19 (A) completion of any direct appeal to the 

20 Montana Supreme Court of a decree by the 

21 Montana Water Court pursuant to section 85– 

22 2–235 of the Montana Code Annotated (2009), 

23 including the expiration of time for filing of any 

24 such appeal; or 
92 

† HR 4783 EAS 

1 (B) completion of any appeal to the appro2 priate United States Court of Appeals, includ3 ing the expiration of time in which a petition 

4 for certiorari may be filed in the United States 

5 Supreme Court, denial of such petition, or 

6 issuance of a final judgment of the United 

7 States Supreme Court, whichever occurs last. 

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

9 Settlement Fund established by section 411. 

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

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

12 Indian Self-Determination and Education Assistance 

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

14 (10) JOINT STIPULATION OF SETTLEMENT.— 

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

16 the joint stipulation of settlement relating to the 

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

18 No. 02–284 (D.D.C. 2006). 

19 (11) MR&I SYSTEM.— 

20 (A) IN GENERAL.—The term ‘‘MR&I Sys21 tem’’ means the municipal, rural, and industrial 

22 water system of the Reservation, generally de23 scribed in the document entitled ‘‘Crow Indian 

24 Reservation Municipal, Rural and Industrial 

25 Water System Engineering Report’’ prepared 
93 

† HR 4783 EAS 

1 by DOWL HKM, and dated July 2008 and up2 dated in a status report prepared by DOWL 

3 HKM dated December 2009. 

4 (B) INCLUSIONS.—The term ‘‘MR&I Sys5 tem’’ includes— 

6 (i) the raw water intake, water treat7 ment plant, pipelines, storage tanks, pump8 ing stations, pressure-reducing valves, elec9 trical transmission facilities, and other 

10 items (including real property and ease11 ments necessary to deliver potable water to 

12 the Reservation) appurtenant to the sys13 tem described in subparagraph (A); and 

14 (ii) in descending order of construc15 tion priority— 

16 (I) the Bighorn River Valley Sub17 system; 

18 (II) the Little Bighorn River Val19 ley Subsystem; and 

20 (III) Pryor Extension. 

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

22 System OM&R’’ means— 

23 (A) any recurring or ongoing activity asso24 ciated with the day-to-day operation of the 

25 MR&I System; 
94 

† HR 4783 EAS 

1 (B) any activity relating to scheduled or 

2 unscheduled maintenance of the MR&I System; 

3 and 

4 (C) any activity relating to replacement of 

5 project features of the MR&I System. 

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

7 means the area identified as the Reservation on the 

8 map in appendix 4 of the Compact. 

9 (14) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the Interior. 

11 (15) TRIBAL COMPACT ADMINISTRATION.—The 

12 term ‘‘Tribal Compact Administration’’ means any 

13 activity relating to— 

14 (A) the development or enactment by the 

15 Tribe of the tribal water code; 

16 (B) establishment by the Tribe of a water 

17 resources department; and 

18 (C) the operation by the Tribe of that 

19 water resources department (or a successor 

20 agency) during the 10-year period beginning on 

21 the date of establishment of the department. 

22 (16) TRIBAL WATER CODE.—The term ‘‘tribal 

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

24 Tribe in accordance with section 407(f). 
95 

† HR 4783 EAS 

1 (17) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

2 water rights’’ means— 

3 (A) the water rights of the Tribe described 

4 in article III of the Compact; and 

5 (B) the water rights provided to the Tribe 

6 under section 408. 

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

8 Crow Tribe of Indians of the State of Montana on 

9 behalf of itself and its members (but not its mem10 bers in their capacities as allottees). 

11 SEC. 404. RATIFICATION OF COMPACT. 

12 (a) RATIFICATION OF COMPACT.— 

13 (1) IN GENERAL.—Except as modified by this 

14 title, and to the extent the Compact does not conflict 

15 with this title, the Compact is authorized, ratified, 

16 and confirmed. 

17 (2) AMENDMENTS TO COMPACT.—If amend18 ments are executed to make the Compact consistent 

19 with this title, those amendments are also author20 ized, ratified, and confirmed to the extent such 

21 amendments are consistent with this title. 

22 (b) EXECUTION OF COMPACT.— 

23 (1) IN GENERAL.—To the extent that the Com24 pact does not conflict with this title, the Secretary 

25 is directed to and shall promptly execute the Com-
96 

† HR 4783 EAS 

1 pact, including all exhibits to or parts of the Com2 pact requiring the signature of the Secretary. 

3 (2) MODIFICATIONS.—Nothing in this title pre4 cludes the Secretary from approving modifications to 

5 appendices or exhibits to the Compact not incon6 sistent with this title, to the extent such modifica7 tions do not otherwise require Congressional ap8 proval pursuant to section 2116 of the Revised Stat9 utes (25 U.S.C. 177) or other applicable Federal 

10 law. 

11 (c) ENVIRONMENTAL COMPLIANCE.— 

12 (1) IN GENERAL.—In implementing the Com13 pact, the Secretary shall promptly comply with all 

14 applicable aspects of the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

16 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

17 seq.), and all other applicable environmental Acts 

18 and regulations. 

19 (2) EXECUTION OF THE COMPACT.— 

20 (A) IN GENERAL.—Execution of the Com21 pact by the Secretary under this section shall 

22 not constitute a major Federal action under the 

23 National Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.). 
97 

† HR 4783 EAS 

1 (B) COMPLIANCE.—The Secretary shall 

2 carry out all Federal compliance activities nec3 essary to implement the Compact. 

4 SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW 

5 IRRIGATION PROJECT. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, and without altering applicable law (including 

8 regulations) under which the Bureau of Indian Affairs col9 lects assessments and carries out CIP OM&R, other than 

10 the rehabilitation and improvement carried out under this 

11 section, the Secretary, acting through the Commissioner 

12 of Reclamation, shall carry out such activities as are nec13 essary to rehabilitate and improve the water diversion and 

14 delivery features of the Crow Irrigation Project, in accord15 ance with an agreement to be negotiated between the Sec16 retary and the Tribe. 

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

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

19 to rehabilitate or improve the water diversion or delivery 

20 features of the Crow Irrigation Project. 

21 (c) SCOPE.— 

22 (1) IN GENERAL.—The scope of the rehabilita23 tion and improvement under this section shall be as 

24 generally described in the document entitled ‘‘Engi25 neering Evaluation of Existing Conditions, Crow 
98 

† HR 4783 EAS 

1 Agency Rehabilitation Study’’ prepared by DOWL 

2 HKM, and dated August 2007 and updated in a sta3 tus report dated December 2009 by DOWL HKM, 

4 on the condition that prior to beginning construction 

5 activities, the Secretary shall review the design of 

6 the proposed rehabilitation or improvement and per7 form value engineering analyses. 

8 (2) NEGOTIATION WITH TRIBE.—On the basis 

9 of the review described in paragraph (1), the Sec10 retary shall negotiate with the Tribe appropriate 

11 changes to the final design so that the final design 

12 meets applicable industry standards, as well as 

13 changes, if any, that would improve the cost-effec14 tiveness of the delivery of irrigation water and take 

15 into consideration the equitable distribution of water 

16 to allottees. 

17 (d) NONREIMBURSABILITY OF COSTS.—All costs in18 curred by the Secretary in carrying out this section shall 

19 be nonreimbursable. 

20 (e) FUNDING.—The total amount of obligations in21 curred by the Secretary in carrying out this section shall 

22 not exceed $131,843,000, except that the total amount of 

23 $131,843,000 shall be increased or decreased, as appro24 priate, based on ordinary fluctuations from May 1, 2008, 
99 

† HR 4783 EAS 

1 in construction cost indices applicable to the types of con2 struction involved in the rehabilitation and improvement. 

3 (f) TRIBAL IMPLEMENTATION AGREEMENT.— 

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

5 in accordance with applicable Federal law, the Sec6 retary shall enter into 1 or more agreements with 

7 the Tribe to implement the provisions of this section 

8 by which the Tribe shall plan, design, and construct 

9 any or all of the rehabilitation and improvement re10 quired by this section. 

11 (2) OVERSIGHT COSTS.—The Bureau of Rec12 lamation and the Tribe shall negotiate the cost of 

13 any oversight activities carried out by the Bureau of 

14 Reclamation for each agreement under this section, 

15 provided that the total cost for that oversight shall 

16 not exceed 4 percent of the total project costs. 

17 (g) ACQUISITION OF LAND.— 

18 (1) TRIBAL EASEMENTS AND RIGHTS-OF19 WAY.— 

20 (A) IN GENERAL.—Upon request, and in 

21 partial consideration for the funding provided 

22 under section 414(a), the Tribe shall consent to 

23 the grant of such easements and rights-of-way 

24 over tribal land as may be necessary for the re25 habilitation and improvement of the Crow Irri-
100 

† HR 4783 EAS 

1 gation Project authorized by this section at no 

2 cost to the United States. 

3 (B) JURISDICTION.—The Tribe shall re4 tain criminal and civil jurisdiction over any 

5 lands that were subject to tribal jurisdiction 

6 prior to the granting of an easement or right7 of-way in connection with the rehabilitation and 

8 improvement of the Crow Irrigation Project. 

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

10 In partial consideration of the rehabilitation and im11 provement of the Crow Irrigation Project authorized 

12 by this section and as a condition of continued serv13 ice from the Crow Irrigation Project after the en14 forceability date, any water user of the Crow Irriga15 tion Project shall consent to the grant of such ease16 ments and rights-of-way as may be necessary for the 

17 rehabilitation and improvements authorized under 

18 this section at no cost to the Secretary. 

19 (3) LAND ACQUIRED BY THE UNITED

20 STATES.—Land acquired by the United States in 

21 connection with rehabilitation and improvement of 

22 the Crow Irrigation Project authorized by this sec23 tion shall be held in trust by the United States on 

24 behalf of the Tribe as part of the Reservation of the 

25 Tribe. 
101 

† HR 4783 EAS 

1 (h) PROJECT MANAGEMENT COMMITTEE.—The Sec2 retary shall facilitate the formation of a project manage3 ment committee composed of representatives from the Bu4 reau of Reclamation, the Bureau of Indian Affairs, and 

5 the Tribe— 

6 (1) to review cost factors and budgets for con7 struction, operation, and maintenance activities re8 lating to the Crow Irrigation Project; 

9 (2) to improve management of inherently gov10 ernmental activities through enhanced communica11 tion; and 

12 (3) to seek additional ways to reduce overall 

13 costs for the rehabilitation and improvement of the 

14 Crow Irrigation Project. 

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

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

17 Commissioner of Reclamation, shall plan, design, and con18 struct the water diversion and delivery features of the 

19 MR&I System, in accordance with 1 or more agreements 

20 between the Secretary and the Tribe. 

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

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

23 to design and construct the water diversion and delivery 

24 features of the MR&I System. 

25 (c) SCOPE.— 
102 

† HR 4783 EAS 

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

2 construction under this section shall be as generally 

3 described in the document entitled ‘‘Crow Indian 

4 Reservation Municipal, Rural and Industrial Water 

5 System Engineering Report’’ prepared by DOWL 

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

7 report dated December 2009 by DOWL HKM, on 

8 the condition that prior to beginning construction 

9 activities, the Secretary shall review the design of 

10 the proposed MR&I System and perform value engi11 neering analyses. 

12 (2) NEGOTIATION WITH TRIBE.—On the basis 

13 of the review described in paragraph (1), the Sec14 retary shall negotiate with the Tribe appropriate 

15 changes to the final design so that the final design 

16 meets applicable industry standards, as well as 

17 changes, if any, that would improve the cost-effec18 tiveness of the delivery of MR&I System water and 

19 take into consideration the equitable distribution of 

20 water to allottees. 

21 (d) NONREIMBURSABILITY OF COSTS.—All costs in22 curred by the Secretary in carrying out this section shall 

23 be nonreimbursable. 

24 (e) FUNDING.—The total amount of obligations in25 curred by the Secretary in carrying out this section shall 
103 

† HR 4783 EAS 

1 not exceed $246,381,000, except that the total amount of 

2 $246,381,000 shall be increased or decreased, as appro3 priate, based on ordinary fluctuations from May 1, 2008, 

4 in construction cost indices applicable to the types of con5 struction involved in the design and construction of the 

6 MR&I System. 

7 (f) TRIBAL IMPLEMENTATION AGREEMENT.— 

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

9 in accordance with applicable Federal law, the Sec10 retary shall enter into 1 or more agreements with 

11 the Tribe to implement the provisions of this section 

12 by which the Tribe shall plan, design, and construct 

13 any or all of the rehabilitation and improvement re14 quired by this section. 

15 (2) OVERSIGHT COSTS.—The Bureau of Rec16 lamation and the Tribe shall negotiate the cost of 

17 any oversight activities carried out by the Bureau of 

18 Reclamation for each agreement under this section, 

19 provided that the total cost for that oversight shall 

20 not exceed 4 percent of the total project costs. 

21 (g) ACQUISITION OF LAND.— 

22 (1) TRIBAL EASEMENTS AND RIGHTS-OF23 WAY.— 

24 (A) IN GENERAL.—Upon request, and in 

25 partial consideration for the funding provided 
104 

† HR 4783 EAS 

1 under section 414(b), the Tribe shall consent to 

2 the grant of such easements and rights-of-way 

3 over tribal land as may be necessary for the 

4 construction of the MR&I System authorized by 

5 this section at no cost to the United States. 

6 (B) JURISDICTION.—The Tribe shall re7 tain criminal and civil jurisdiction over any 

8 lands that were subject to tribal jurisdiction 

9 prior to the granting of an easement or right10 of-way in connection with the construction of 

11 the MR&I System. 

12 (2) LAND ACQUIRED BY THE UNITED

13 STATES.—Land acquired by the United States in 

14 connection with the construction of the MR&I Sys15 tem authorized by this section shall be held in trust 

16 by the United States on behalf of the Tribe as part 

17 of the Reservation of the Tribe. 

18 (h) CONVEYANCE OF TITLE TO MR&I SYSTEM FA19 CILITIES.—— 

20 (1) IN GENERAL.—The Secretary shall convey 

21 title to each MR&I System facility or section of a 

22 MR&I System facility authorized under subsection 

23 (a) to the Tribe after completion of construction of 

24 a MR&I System facility or a section of a MR&I Sys25 tem facility that is operating and delivering water. 
105 

† HR 4783 EAS 

1 (2) LIABILITY.— 

2 (A) IN GENERAL.—Effective on the date of 

3 the conveyance authorized by this subsection, 

4 the United States shall not be held liable by 

5 any court for damages of any kind arising out 

6 of any act, omission, or occurrence relating to 

7 the land, buildings, or facilities conveyed under 

8 this subsection, other than damages caused by 

9 acts of negligence committed by the United 

10 States, or by employees or agents of the United 

11 States, prior to the date of conveyance. 

12 (B) TORT CLAIMS.—Nothing in this sec13 tion increases the liability of the United States 

14 beyond the liability provided in chapter 171 of 

15 title 28, United States Code (commonly known 

16 as the ‘‘Federal Tort Claims Act’’). 

17 (3) NOTICE OF PROPOSED CONVEYANCE.—Not 

18 later than 45 days before the date of a proposed 

19 conveyance of title to any MR&I System facility, the 

20 Secretary shall submit to the Committee on Natural 

21 Resources of the House of Representatives and to 

22 the Committee on Energy and Natural Resources of 

23 the Senate notice of the conveyance of each such 

24 MR&I System facility or section of a MR&I System 

25 facility. 
106 

† HR 4783 EAS 

1 (4) MR&I SYSTEM OM&R OBLIGATION OF THE

2 FEDERAL GOVERNMENT AFTER CONVEYANCE.—The 

3 Federal Government shall have no obligation to pay 

4 for the operation, maintenance, or replacement costs 

5 of the MR&I System beginning on the date on 

6 which— 

7 (A) title to any MR&I System facility or 

8 section of a MR&I System facility under this 

9 subsection is conveyed to the Tribe; and 

10 (B) the amounts required to be deposited 

11 in the MR&I System OM&R Account pursuant 

12 to section 411 have been deposited in that ac13 count. 

14 (i) AUTHORITY OF TRIBE.—Upon transfer of title to 

15 the MR&I System or any section of a MR&I System facil16 ity to the Tribe in accordance with subsection (h), the 

17 Tribe is authorized to collect water use charges from cus18 tomers of the MR&I System to cover— 

19 (1) MR&I System OM&R costs; and 

20 (2) any other costs relating to the construction 

21 and operation of the MR&I System. 

22 (j) ALIENATION AND TAXATION.—Conveyance of title 

23 to the Tribe pursuant to subsection (h) does not waive 

24 or alter any applicable Federal law prohibiting alienation 
107 

† HR 4783 EAS 

1 or taxation of the MR&I System or the underlying Res2 ervation land. 

3 (k) TECHNICAL ASSISTANCE.—The Secretary shall 

4 provide technical assistance to prepare the Tribe for oper5 ation of the MR&I System, including operation and man6 agement training. 

7 (l) PROJECT MANAGEMENT COMMITTEE.—The Sec8 retary shall facilitate the formation of a project manage9 ment committee composed of representatives from the Bu10 reau of Reclamation, the Bureau of Indian Affairs, and 

11 the Tribe— 

12 (1) to review cost factors and budgets for con13 struction, operation and maintenance activities for 

14 the MR&I System; 

15 (2) to improve management of inherently gov16 ernmental activities through enhanced communica17 tion; and 

18 (3) to seek additional ways to reduce overall 

19 costs for the MR&I System. 

20 (m) NON-FEDERAL CONTRIBUTION.— 

21 (1) IN GENERAL.—Prior to completion of the 

22 final design of the MR&I System required by sub23 section (c), the Secretary shall consult with the 

24 Tribe, the State of Montana, and other affected non25 Federal parties to discuss the possibility of receiving 
108 

† HR 4783 EAS 

1 non-Federal contributions to the cost of the MR&I 

2 System. 

3 (2) NEGOTIATIONS.—If, based on the extent to 

4 which non-Federal parties are expected to use the 

5 MR&I System, a non-Federal contribution to the 

6 MR&I System is determined by the parties described 

7 in paragraph (1) to be appropriate, the Secretary 

8 shall initiate negotiations for an agreement on the 

9 means by which such contributions may be provided. 

10 SEC. 407. TRIBAL WATER RIGHTS. 

11 (a) INTENT OF CONGRESS.—It is the intent of Con12 gress to provide to each allottee benefits that are equiva13 lent to or exceed the benefits allottees possess as of the 

14 date of enactment of this Act, taking into consideration— 

15 (1) the potential risks, cost, and time delay as16 sociated with litigation that would be resolved by the 

17 Compact and this title; 

18 (2) the availability of funding under this title 

19 and from other sources; 

20 (3) the availability of water from the tribal 

21 water rights; and 

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

23 February 8, 1887 (25 U.S.C. 381) and this title to 

24 protect the interests of allottees. 

25 (b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 
109 

† HR 4783 EAS 

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

2 ratified, confirmed, and declared to be valid. 

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

4 be subject to the terms and conditions established by 

5 the Compact. 

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

7 (1) shall be held in trust by the United States 

8 for the use and benefit of the Tribe and the allottees 

9 in accordance with this section; and 

10 (2) shall not be subject to forfeiture or aban11 donment. 

12 (d) ALLOTTEES.— 

13 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

14 1887.—The provisions of section 7 of the Act of Feb15 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

16 of water for irrigation purposes shall apply to the 

17 tribal water rights. 

18 (2) ENTITLEMENT TO WATER.—Any entitle19 ment to water of an allottee under Federal law shall 

20 be satisfied from the tribal water rights. 

21 (3) ALLOCATIONS.—Allottees shall be entitled 

22 to a just and equitable allocation of water for irriga23 tion purposes. 

24 (4) EXHAUSTION OF REMEDIES.—Before as25 serting any claim against the United States under 
110 

† HR 4783 EAS 

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

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

3 exhaust remedies available under the tribal water 

4 code or other applicable tribal law. 

5 (5) CLAIMS.—Following exhaustion of remedies 

6 available under the tribal water code or other appli7 cable tribal law, an allottee may seek relief under 

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

9 381), or other applicable law. 

10 (6) AUTHORITY.—The Secretary shall have the 

11 authority to protect the rights of allottees as speci12 fied in this section. 

13 (e) AUTHORITY OF TRIBE.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Tribe shall have authority to allocate, 

16 distribute, and lease the tribal water rights— 

17 (A) in accordance with the Compact; and 

18 (B) subject to approval of the Secretary of 

19 the tribal water code under subsection 

20 (f)(3)(B). 

21 (2) LEASES BY ALLOTTEES.—Notwithstanding 

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

23 land held by the allottee, together with any water 

24 right determined to be appurtenant to the interest in 

25 land. 
111 

† HR 4783 EAS 

1 (f) TRIBAL WATER CODE.— 

2 (1) IN GENERAL.—Notwithstanding the time 

3 period set forth in article IV(A)(2)(b) of the Com4 pact, not later than 3 years after the date on which 

5 the Tribe ratifies the Compact as set forth in section 

6 410(e)(1)(E), the Tribe shall enact a tribal water 

7 code, that provides for— 

8 (A) the management, regulation, and gov9 ernance of all uses of the tribal water rights in 

10 accordance with the Compact; and 

11 (B) establishment by the Tribe of condi12 tions, permit requirements, and other limita13 tions relating to the storage, recovery, and use 

14 of the tribal water rights in accordance with the 

15 Compact. 

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

17 the Secretary, the tribal water code shall provide 

18 that— 

19 (A) tribal allocations of water to allottees 

20 shall be satisfied with water from the tribal 

21 water rights; 

22 (B) charges for delivery of water for irriga23 tion purposes for allottees shall be assessed on 

24 a just and equitable basis; 
112 

† HR 4783 EAS 

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

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

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

5 consideration and determination by the Tribe of 

6 any request by an allottee, or any successor in 

7 interest to an allottee, for an allocation of such 

8 water for irrigation purposes on allotted land, 

9 including a process for— 

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

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

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

16 rights of the allottee under the tribal water 

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

19 remedies available to the allottee under tribal 

20 law and the tribal water code before initiating 

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

23 (d)(6). 

24 (3) ACTION BY SECRETARY.— 
113 

† HR 4783 EAS 

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

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

6 (B) APPROVAL.—The tribal water code 

7 shall not be valid unless— 

8 (i) the provisions of the tribal water 

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

11 (ii) each amendment to the tribal 

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

14 (C) APPROVAL PERIOD.—The Secretary 

15 shall approve or disapprove the tribal water 

16 code within a reasonable period of time after 

17 the date on which the Tribe submits it to the 

18 Secretary. 

19 (g) EFFECT.—Except as otherwise specifically pro20 vided in this section, nothing in this title— 

21 (1) authorizes any action by an allottee against 

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

23 Federal, State, tribal, or local law; or 
114 

† HR 4783 EAS 

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

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

3 States Code. 

4 SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE. 

5 (a) STORAGE ALLOCATION TO TRIBE.— 

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

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

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

9 of water stored in Bighorn Lake, Yellowtail Unit, 

10 Lower Bighorn Division, Pick Sloan Missouri Basin 

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

12 United States and managed by the Bureau of Rec13 lamation, as measured at the outlet works of 

14 Yellowtail Dam, including— 

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

16 year of the allocation, which may be used in ad17 dition to the natural flow right described in ar18 ticle III(A)(1)(a) of the Compact; and 

19 (B) 150,000 acre-feet per year of the allo20 cation, which may be used only as supplemental 

21 water for the natural flow right described in ar22 ticle III(A)(1)(a) of the Compact for use in 

23 times of natural flow shortage. 

24 (2) TREATMENT.— 
115 

† HR 4783 EAS 

1 (A) IN GENERAL.—The allocation under 

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

3 the tribal water rights. 

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

5 the allocation under paragraph (1) shall be the 

6 priority date of the water right held by the Bu7 reau of Reclamation. 

8 (C) ADMINISTRATION.— 

9 (i) IN GENERAL.—The Tribe shall ad10 minister the water allocated under para11 graph (1) in accordance with the Compact. 

12 (ii) TEMPORARY TRANSFER.—In ac13 cordance with subsection (c), the Tribe 

14 may temporarily transfer by service con15 tract, lease, exchange, or other agreement, 

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

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

18 Reservation, subject to the approval of the 

19 Secretary and the requirements of the 

20 Compact. 

21 (b) ALLOCATION AGREEMENT.— 

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

23 an allocation under this section, the Tribe shall 

24 enter into an allocation agreement with the Sec25 retary to establish the terms and conditions of the 
116 

† HR 4783 EAS 

1 allocation, in accordance with the terms and condi2 tions of the Compact and this title. 

3 (2) INCLUSIONS.—The allocation agreement 

4 under paragraph (1) shall include, among other 

5 things, a provision that— 

6 (A) the agreement is without limit as to 

7 term; 

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

9 shall be entitled to all consideration due to the 

10 Tribe under any lease, contract, or agreement 

11 the Tribe may enter into pursuant to the au12 thority in subsection (c); 

13 (C) the United States shall have no trust 

14 obligation or other obligation to monitor, ad15 minister, or account for— 

16 (i) any funds received by the Tribe as 

17 consideration under any lease, contract, or 

18 agreement the Tribe may enter into pursu19 ant to the authority in subsection (c); or 

20 (ii) the expenditure of such funds; 

21 (D) if the facilities at Yellowtail Dam are 

22 significantly reduced or are anticipated to be 

23 significantly reduced for an extended period of 

24 time, the Tribe shall have the same storage 
117 

† HR 4783 EAS 

1 rights as other storage contractors with respect 

2 to the allocation under this section; 

3 (E) the costs associated with the construc4 tion of the storage facilities at Yellowtail Dam 

5 allocable to the Tribe— 

6 (i) shall be nonreimbursable; and 

7 (ii) shall be excluded from any repay8 ment obligation of the Tribe; 

9 (F) no water service capital charges shall 

10 be due or payable for any water allocated to the 

11 Tribe pursuant to this title and the allocation 

12 agreement, regardless of whether that water is 

13 delivered for use by the Tribe or is delivered 

14 under any leases, contracts, or agreements the 

15 Tribe may enter into pursuant to the authority 

16 in subsection (c); 

17 (G) the Tribe shall not be required to 

18 make payments to the United States for any 

19 water allocated to the Tribe pursuant to this 

20 title and the allocation agreement except for 

21 each acre-foot of stored water leased or sold for 

22 industrial purposes; and 

23 (H) for each acre-foot of stored water 

24 leased or sold by the Tribe for industrial pur25 poses— 
118 

† HR 4783 EAS 

1 (i) the Tribe shall pay annually to the 

2 United States an amount to cover the pro3 portionate share of the annual operation, 

4 maintenance, and replacement costs for the 

5 Yellowtail Unit allocable to the amount of 

6 water for industrial purposes leased or sold 

7 by the Tribe; and 

8 (ii) the annual payments of the Tribe 

9 shall be reviewed and adjusted, as appro10 priate, to reflect the actual operation, 

11 maintenance, and replacement costs for the 

12 Yellowtail Unit. 

13 (c) TEMPORARY TRANSFER FOR USE OFF RESERVA14 TION.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of statutory or common law and subject to 

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

18 subject to the terms and conditions of the Compact, 

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

20 exchange, or other agreement providing for the tem21 porary delivery, use, or transfer of not more than 

22 50,000 acre-feet per year of water allocated under 

23 subsection (a)(1)(A) for use off the Reservation. 
119 

† HR 4783 EAS 

1 (2) REQUIREMENT.—An agreement under para2 graph (1) shall not permanently alienate any portion 

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

4 (d) REMAINING STORAGE.— 

5 (1) IN GENERAL.—As of the date of enactment 

6 of this Act, water in Bighorn Lake shall be consid7 ered to be fully allocated and no further storage allo8 cations shall be made by the Secretary. 

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

10 subsection prevents the Secretary from— 

11 (A) renewing the storage contract with 

12 Pennsylvania Power and Light Company con13 sistent with the allocation to Pennsylvania 

14 Power and Light Company in existence on the 

15 date of enactment of this Act; or 

16 (B) entering into future agreements with 

17 either the Northern Cheyenne Tribe or the 

18 Crow Tribe facilitating either tribe’s use of its 

19 respective allocation of water from Bighorn 

20 Lake. 

21 SEC. 409. SATISFACTION OF CLAIMS. 

22 (a) IN GENERAL.— 

23 (1) SATISFACTION OF TRIBAL CLAIMS.—The 

24 benefits realized by the Tribe under this title shall 

25 be in complete replacement of and substitution for, 
120 

† HR 4783 EAS 

1 and full satisfaction of, all claims of the Tribe 

2 against the United States under paragraphs (1) and 

3 (3) of section 410(a). 

4 (2) SATISFACTION OF ALLOTTEE CLAIMS.—The 

5 benefits realized by the allottees under this title shall 

6 be in complete replacement of and substitution for, 

7 and full satisfaction of— 

8 (A) all claims waived and released under 

9 section 410(a)(2); and 

10 (B) any claims of the allottees against the 

11 United States that the allottees have or could 

12 have asserted that are similar in nature to 

13 those described in section 410(a)(3). 

14 (b) SATISFACTION OF CLAIMS RELATING TO CROW

15 IRRIGATION PROJECT.— 

16 (1) IN GENERAL.—Subject to paragraph (3), 

17 the funds made available under subsections (a) and 

18 (f) of section 414 shall be used to satisfy any claim 

19 of the Tribe or the allottees with respect to the ap20 propriation of funds for the rehabilitation, expan21 sion, improvement, repair, operation, or maintenance 

22 of the Crow Irrigation Project. 

23 (2) SATISFACTION OF CLAIMS.—Upon complete 

24 transfer of the funds described in subsections (a) 

25 and (f) of section 414 any claim of the Tribe or the 
121 

† HR 4783 EAS 

1 allottees with respect to the transfer of funds for the 

2 rehabilitation, expansion, improvement, repair, oper3 ation, or maintenance of the Crow Irrigation Project 

4 shall be deemed to have been satisfied. 

5 (3) EFFECT.—Except as provided in section 

6 405, nothing in this title affects any applicable law 

7 (including regulations) under which the United 

8 States collects irrigation assessments from— 

9 (A) non-Indian users of the Crow Irriga10 tion Project; and 

11 (B) the Tribe, tribal entities and instru12 mentalities, tribal members, allottees, and enti13 ties owned by the Tribe, tribal members, or 

14 allottees, to the extent that annual irrigation 

15 assessments on such tribal water users exceed 

16 the amount of funds available under section 

17 411(e)(3)(D) for costs relating to CIP OM&R. 

18 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith19 standing subsection (a) and except as provided in section 

20 407, nothing in this title recognizes or establishes any 

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

22 within the Reservation or the ceded strip. 

23 SEC. 410. WAIVERS AND RELEASES OF CLAIMS. 

24 (a) IN GENERAL.— 
122 

† HR 4783 EAS 

1 (1) WAIVER AND RELEASE OF CLAIMS BY THE

2 TRIBE AND THE UNITED STATES ACTING IN ITS CA3 PACITY AS TRUSTEE FOR THE TRIBE.—Subject to 

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

5 return for recognition of the tribal water rights and 

6 other benefits as set forth in the Compact and this 

7 title, the Tribe, on behalf of itself and the members 

8 of the Tribe (but not tribal members in their capac9 ities as allottees), and the United States, acting as 

10 trustee for the Tribe and the members of the Tribe 

11 (but not tribal members in their capacities as 

12 allottees), are authorized and directed to execute a 

13 waiver and release of all claims for water rights 

14 within the State of Montana that the Tribe, or the 

15 United States acting as trustee for the Tribe, as16 serted, or could have asserted, in any proceeding, in17 cluding the State of Montana stream adjudication, 

18 prior to and including the enforceability date, except 

19 to the extent that such rights are recognized in the 

20 Compact or this title. 

21 (2) WAIVER AND RELEASE OF CLAIMS BY THE

22 UNITED STATES ACTING IN ITS CAPACITY AS TRUST23 EE FOR ALLOTTEES.—Subject to the retention of 

24 rights set forth in subsection (c), in return for rec25 ognition of the water rights of the Tribe and other 
123 

† HR 4783 EAS 

1 benefits as set forth in the Compact and this title, 

2 the United States, acting as trustee for allottees, is 

3 authorized and directed to execute a waiver and re4 lease of all claims for water rights within the Res5 ervation and the ceded strip that the United States, 

6 acting as trustee for the allottees, asserted, or could 

7 have asserted, in any proceeding, including the State 

8 of Montana stream adjudication, prior to and includ9 ing the enforceability date, except to the extent that 

10 such rights are recognized in the Compact or this 

11 title. 

12 (3) WAIVER AND RELEASE OF CLAIMS BY THE

13 TRIBE AGAINST THE UNITED STATES.—Subject to 

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

15 Tribe, on behalf of itself and the members of the 

16 Tribe (but not Tribal members in their capacities as 

17 allottees), is authorized to execute a waiver and re18 lease of— 

19 (A) all claims against the United States, 

20 including the agencies and employees of the 

21 United States, relating to claims for water 

22 rights within the State of Montana that the 

23 United States, acting as trustee for the Tribe, 

24 asserted, or could have asserted, in any pro25 ceeding, including the State of Montana stream 
124 

† HR 4783 EAS 

1 adjudication, except to the extent that such 

2 rights are recognized as tribal water rights in 

3 this title, including all claims relating in any 

4 manner to the claims reserved against the 

5 United States or agencies or employees of the 

6 United States in section 4(e) of the joint stipu7 lation of settlement; 

8 (B) all claims against the United States, 

9 including the agencies and employees of the 

10 United States, relating to damages, losses, or 

11 injuries to water, water rights, land, or natural 

12 resources due to loss of water or water rights 

13 (including damages, losses, or injuries to hunt14 ing, fishing, gathering, or cultural rights due to 

15 loss of water or water rights, claims relating to 

16 interference with, diversion or taking of water, 

17 or claims relating to failure to protect, acquire, 

18 replace, or develop water, water rights, or water 

19 infrastructure) within the State of Montana 

20 that first accrued at any time prior to and in21 cluding the enforceability date, including all 

22 claims relating to the failure to establish or pro23 vide a municipal rural or industrial water deliv24 ery system on the Reservation and all claims re25 lating to the failure to provide for, operate, or 
125 

† HR 4783 EAS 

1 maintain the Crow Irrigation Project, or any 

2 other irrigation system or irrigation project on 

3 the Reservation; 

4 (C) all claims against the United States, 

5 including the agencies and employees of the 

6 United States, relating to the pending litigation 

7 of claims relating to the water rights of the 

8 Tribe in the State of Montana; 

9 (D) all claims against the United States, 

10 including the agencies and employees of the 

11 United States, relating to the negotiation, exe12 cution, or the adoption of the Compact (includ13 ing exhibits) or this title; 

14 (E) subject to the retention of rights set 

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

16 damages against the United States that first 

17 accrued at any time prior to and including the 

18 enforceability date with respect to— 

19 (i) the failure to recognize or enforce 

20 the claim of the Tribe of title to land cre21 ated by the movement of the Bighorn 

22 River; and 

23 (ii) the failure to make productive use 

24 of that land created by the movement of 
126 

† HR 4783 EAS 

1 the Bighorn River to which the Tribe has 

2 claimed title; 

3 (F) all claims against the United States 

4 that first accrued at any time prior to and in5 cluding the enforceability date arising from the 

6 taking or acquisition of the land of the Tribe or 

7 resources for the construction of the Yellowtail 

8 Dam; 

9 (G) all claims against the United States 

10 that first accrued at any time prior to and in11 cluding the enforceability date relating to the 

12 construction and operation of Yellowtail Dam 

13 and the management of Bighorn Lake; and 

14 (H) all claims that first accrued at any 

15 time prior to and including the enforceability 

16 date relating to the generation, or the lack 

17 thereof, of power from Yellowtail Dam. 

18 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

20 enforceability date. 

21 (c) RESERVATION OF RIGHTS AND RETENTION OF

22 CLAIMS.—Notwithstanding the waivers and releases au23 thorized in this title, the Tribe on behalf of itself and the 

24 members of the Tribe and the United States, acting as 

25 trustee for the Tribe and allottees, retain— 
127 

† HR 4783 EAS 

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

2 any final decree, or this title; 

3 (2) all rights to use and protect water rights ac4 quired after the date of enactment of this Act; 

5 (3) all claims relating to activities affecting the 

6 quality of water, including any claims the Tribe may 

7 have under— 

8 (A) the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq.), including for 

11 damages to natural resources; 

12 (B) the Safe Drinking Water Act (42 

13 U.S.C. 300f et seq.); 

14 (C) the Federal Water Pollution Control 

15 Act (33 U.S.C. 1251 et seq.); and 

16 (D) any regulations implementing the Acts 

17 described in subparagraphs (A) through (C); 

18 (4) all claims relating to damages, losses, or in19 juries to land or natural resources not due to loss 

20 of water or water rights (including hunting, fishing, 

21 gathering, or cultural rights); 

22 (5) all rights, remedies, privileges, immunities, 

23 and powers not specifically waived and released pur24 suant to this title or article VII(E) of the Compact; 
128 

† HR 4783 EAS 

1 (6) all claims against any person or entity other 

2 than the United States, including claims for mone3 tary damages, with respect to— 

4 (A) the claim of the Tribe of title to land 

5 created by the movement of the Bighorn River; 

6 and 

7 (B) the productive use of that land created 

8 by the movement of the Bighorn River to which 

9 the Tribe has claimed title; and 

10 (7) all claims that first accrued after the en11 forceability date with respect to claims otherwise 

12 waived in accordance with subparagraphs (B) and 

13 (E) through (H) of subsection (a)(3). 

14 (d) EFFECT OF COMPACT AND TITLE.—Nothing in 

15 the Compact or this title— 

16 (1) affects the ability of the United States, act17 ing as sovereign, to take actions authorized by law, 

18 including any laws relating to health, safety, or the 

19 environment, including— 

20 (A) the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9601 et seq.); 

23 (B) the Safe Drinking Water Act (42 

24 U.S.C. 300f et seq.); 
129 

† HR 4783 EAS 

1 (C) the Federal Water Pollution Control 

2 Act (33 U.S.C. 1251 et seq.); and 

3 (D) any regulations implementing the Acts 

4 described in subparagraphs (A) through (C); 

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

6 take actions acting as trustee for any other Indian 

7 tribe or allottee of any other Indian tribe; 

8 (3) confers jurisdiction on any State court— 

9 (A) to interpret Federal law regarding 

10 health, safety, or the environment; 

11 (B) to determine the duties of the United 

12 States or other parties pursuant to Federal law 

13 regarding health, safety, or the environment; or 

14 (C) to conduct judicial review of Federal 

15 agency action; 

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

17 in an individual capacity that does not derive from 

18 a right of the Tribe; or 

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

20 the joint stipulation of settlement. 

21 (e) ENFORCEABILITY DATE.— 

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

23 be the date on which the Secretary publishes in the 

24 Federal Register a statement of findings that— 
130 

† HR 4783 EAS 

1 (A)(i) the Montana Water Court has 

2 issued a final judgment and decree approving 

3 the Compact; or 

4 (ii) if the Montana Water Court is found 

5 to lack jurisdiction, the district court of juris6 diction has approved the Compact as a consent 

7 decree and such approval is final; 

8 (B) all of the funds made available under 

9 subsections (c) through (f) of section 414 have 

10 been deposited in the Fund; 

11 (C) the Secretary has executed the agree12 ments with the Tribe required by sections 

13 405(a) and 406(a); 

14 (D) the State of Montana has appropriated 

15 and paid into an interest-bearing escrow ac16 count any payments due as of the date of en17 actment of this Act to the Tribe under the 

18 Compact; 

19 (E)(i) the Tribe has ratified the Compact 

20 by submitting this title and the Compact to a 

21 vote by the tribal membership for approval or 

22 disapproval; and 

23 (ii) the tribal membership has voted to ap24 prove this title and the Compact by a majority 
131 

† HR 4783 EAS 

1 of votes cast on the day of the vote, as certified 

2 by the Secretary and the Tribe; 

3 (F) the Secretary has fulfilled the require4 ments of section 408(a); and 

5 (G) the waivers and releases authorized 

6 and set forth in subsection (a) have been exe7 cuted by the Tribe and the Secretary. 

8 (f) TOLLING OF CLAIMS.— 

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

10 limitation and time-based equitable defense relating 

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

12 the period beginning on the date of enactment of 

13 this Act and ending on the date on which the 

14 amounts made available to carry out this title are 

15 transferred to the Secretary. 

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

17 subsection revives any claim or tolls any period of 

18 limitation or time-based equitable defense that ex19 pired before the date of enactment of this Act. 

20 (g) EXPIRATION AND TOLLING.—In the event that 

21 all appropriations authorized by this Act have not been 

22 made available to the Secretary by June 30, 2030— 

23 (1) the waivers authorized in this section shall 

24 expire and be of no further force or effect; and 
132 

† HR 4783 EAS 

1 (2) all statutes of limitations applicable to any 

2 claim otherwise waived shall be tolled until June 30, 

3 2030. 

4 (h) VOIDING OF WAIVERS.—If the waivers pursuant 

5 to this section are void under subsection (g)— 

6 (1) the United States’ approval of the Compact 

7 under section 404 shall no longer be effective; 

8 (2) any unexpended Federal funds appropriated 

9 or made available to carry out the activities author10 ized in this Act, together with any interest earned on 

11 those funds, and any water rights or contracts to 

12 use water and title to other property acquired or 

13 constructed with Federal funds appropriated or 

14 made available to carry out the activities authorized 

15 in this Act shall be returned to the Federal Govern16 ment, unless otherwise agreed to by the Tribe and 

17 the United States and approved by Congress; and 

18 (3) except for Federal funds used to acquire or 

19 develop property that is returned to the Federal 

20 Government under paragraph (2), the United States 

21 shall be entitled to set off any Federal funds appro22 priated or made available to carry out the activities 

23 authorized in this Act that were expended or with24 drawn, together with any interest accrued, against 

25 any claims against the United States relating to 
133 

† HR 4783 EAS 

1 water rights in the State of Montana asserted by the 

2 Tribe or in any future settlement of the water rights 

3 of the Crow Tribe. 

4 SEC. 411. CROW SETTLEMENT FUND. 

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

6 Treasury of the United States a fund to be known as ‘‘the 

7 Crow Settlement Fund’’, to be administered by the Sec8 retary for the purpose of carrying out this title. 

9 (b) TRANSFERS TO FUND.—The Fund shall consist 

10 of such amounts as are deposited in the Fund under sub11 sections (c) through (h) of section 414. 

12 (c) ACCOUNTS OF CROW SETTLEMENT FUND.—The 

13 Secretary shall establish in the Fund the following ac14 counts: 

15 (1) The Tribal Compact Administration ac16 count, consisting of amounts made available pursu17 ant to section 414(c). 

18 (2) The Energy Development Projects account, 

19 consisting of amounts made available pursuant to 

20 section 414(d). 

21 (3) The MR&I System OM&R Account, con22 sisting of amounts made available pursuant to sec23 tion 414(e). 

24 (4) The CIP OM&R Account, consisting of 

25 amounts made available pursuant to section 414(f). 
134 

† HR 4783 EAS 

1 (d) DEPOSITS TO CROW SETTLEMENT FUND.— 

2 (1) IN GENERAL.—The Secretary of the Treas3 ury shall promptly deposit in the Fund any amounts 

4 appropriated for that purpose. 

5 (2) PRIORITY OF DEPOSITS TO ACCOUNTS.—Of 

6 the amounts appropriated for deposit in the Fund, 

7 the Secretary of the Treasury shall deposit amounts 

8 in the accounts listed in subsection (c)— 

9 (A) in full; and 

10 (B) in the order listed in subsection (c). 

11 (e) MANAGEMENT.— 

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

13 the Fund, make investments from the Fund, and 

14 make amounts available from the Fund for distribu15 tion to the Tribe consistent with the American In16 dian Trust Fund Management Reform Act of 1994 

17 (25 U.S.C. 4001 et seq.). 

18 (2) INVESTMENT OF CROW SETTLEMENT

19 FUND.—Beginning on the enforceability date, the 

20 Secretary shall invest amounts in the Fund in ac21 cordance with— 

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

23 161); 

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

25 1938 (25 U.S.C. 162a); and 
135 

† HR 4783 EAS 

1 (C) the obligations of Federal corporations 

2 and Federal Government-sponsored entities, the 

3 charter documents of which provide that the ob4 ligations of the entities are lawful investments 

5 for federally managed funds, including— 

6 (i) the obligations of the United 

7 States Postal Service described in section 

8 2005 of title 39, United States Code; 

9 (ii) bonds and other obligations of the 

10 Tennessee Valley Authority described in 

11 section 15d of the Tennessee Valley Au12 thority Act of 1933 (16 U.S.C. 831n–4); 

13 (iii) mortgages, obligations, and other 

14 securities of the Federal Home Loan Mort15 gage Corporation described in section 303 

16 of the Federal Home Loan Mortgage Cor17 poration Act (12 U.S.C. 1452); and 

18 (iv) bonds, notes, and debentures of 

19 the Commodity Credit Corporation de20 scribed in section 4 of the Act of March 8, 

21 1938 (15 U.S.C. 713a–4). 

22 (3) DISTRIBUTIONS FROM CROW SETTLEMENT

23 FUND.— 
136 

† HR 4783 EAS 

1 (A) IN GENERAL.—Amounts from the 

2 Fund shall be used for each purpose described 

3 in subparagraphs (B) through (E). 

4 (B) TRIBAL COMPACT ADMINISTRATION

5 ACCOUNT.—The Tribal Compact Administration 

6 account shall be used for expenditures by the 

7 Tribe for Tribal Compact Administration. 

8 (C) ENERGY DEVELOPMENT PROJECTS AC9 COUNT.—The Energy Development Projects ac10 count shall be used for expenditures by the 

11 Tribe for the following types of energy develop12 ment on the Reservation, the ceded strip, and 

13 land owned by the Tribe: 

14 (i) Development and marketing of 

15 power generation on the Yellowtail 

16 Afterbay Dam authorized in section 

17 412(b). 

18 (ii) Development of clean coal conver19 sion projects. 

20 (iii) Renewable energy projects other 

21 than the project described in clause (i). 

22 (D) CIP OM&R ACCOUNT.— 

23 (i) IN GENERAL.—Amounts in the 

24 CIP OM&R Account shall be used for CIP 

25 OM&R costs. 
137 

† HR 4783 EAS 

1 (ii) REDUCTION OF COSTS TO TRIBAL

2 WATER USERS.— 

3 (I) IN GENERAL.—Subject to 

4 subclause (II), the funds described in 

5 clause (i) shall be used to reduce the 

6 CIP OM&R costs to all tribal water 

7 users on a proportional basis for a 

8 given year. 

9 (II) LIMITATION ON USE OF

10 FUNDS.—Funds in the CIP OM&R 

11 Account shall be used to pay irriga12 tion assessments only for the Tribe, 

13 tribal entities and instrumentalities, 

14 tribal members, allottees, and entities 

15 owned by the Tribe, tribal members, 

16 or allottees. 

17 (E) MR&I SYSTEM OM&R ACCOUNT.— 

18 Funds from the MR&I System OM&R Account 

19 shall be used to assist the Tribe in paying 

20 MR&I System OM&R costs. 

21 (4) WITHDRAWALS BY TRIBE.— 

22 (A) IN GENERAL.—The Tribe may with23 draw any portion of amounts in the Fund on 

24 approval by the Secretary of a tribal manage25 ment plan in accordance with the American In-
138 

† HR 4783 EAS 

1 dian Trust Fund Management Reform Act of 

2 1994 (25 U.S.C. 4001 et seq.). 

3 (B) REQUIREMENTS.— 

4 (i) IN GENERAL.—In addition to the 

5 requirements under the American Indian 

6 Trust Fund Management Reform Act of 

7 1994 (25 U.S.C. 4001 et seq.), the tribal 

8 management plan of the Tribe under sub9 paragraph (A) shall require that the Tribe 

10 spend any amounts withdrawn from the 

11 Fund in accordance with this title. 

12 (ii) ENFORCEMENT.—The Secretary 

13 may carry out such judicial or administra14 tive actions as the Secretary determines to 

15 be necessary to enforce a tribal manage16 ment plan to ensure that amounts with17 drawn by the Tribe from the Fund under 

18 this paragraph are used in accordance with 

19 this title. 

20 (C) LIABILITY.—The Secretary and the 

21 Secretary of the Treasury shall not be liable for 

22 the expenditure or investment of amounts with23 drawn from the Fund by the Tribe under this 

24 paragraph. 

25 (D) EXPENDITURE PLAN.— 
139 

† HR 4783 EAS 

1 (i) IN GENERAL.—For each fiscal 

2 year, the Tribe shall submit to the Sec3 retary for approval an expenditure plan for 

4 any portion of the amounts described in 

5 subparagraph (A) that the Tribe elects not 

6 to withdraw under this paragraph during 

7 the fiscal year. 

8 (ii) INCLUSION.—An expenditure plan 

9 under clause (i) shall include a description 

10 of the manner in which, and the purposes 

11 for which, amounts of the Tribe remaining 

12 in the Fund will be used during subse13 quent fiscal years. 

14 (iii) APPROVAL.—On receipt of an ex15 penditure plan under clause (i), the Sec16 retary shall approve the plan if the Sec17 retary determines that the plan is— 

18 (I) reasonable; and 

19 (II) consistent with this title. 

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

21 to the Secretary annual reports describing each ex22 penditure by the Tribe of amounts in the Fund dur23 ing the preceding calendar year. 

24 (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO25 HIBITED.—No amount in the Fund shall be distrib-
140 

† HR 4783 EAS 

1 uted to any member of the Tribe on a per capita 

2 basis. 

3 (f) AVAILABILITY.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the amounts in the Fund shall be avail6 able for use by the Secretary and withdrawal by the 

7 Tribe beginning on the enforceability date. 

8 (2) EXCEPTION.—The amounts made available 

9 under section 414(c) shall be available for use by the 

10 Secretary and withdrawal by the Tribe beginning on 

11 the date on which the Tribe ratifies the Compact as 

12 provided in section 410(e)(1)(E). 

13 (g) STATE CONTRIBUTION.—The State of Montana 

14 contribution to the Fund shall be provided in accordance 

15 with article VI(A) of the Compact. 

16 (h) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

17 1105(a) of title 31, United States Code, is amended— 

18 (1) by redesignating paragraphs (35) and (36) 

19 as paragraphs (36) and (37), respectively; 

20 (2) by redesignating the second paragraph (33) 

21 (relating to obligational authority and outlays re22 quested for homeland security) as paragraph (35); 

23 and 

24 (3) by adding at the end the following: 
141 

† HR 4783 EAS 

1 ‘‘(38) a separate statement for the Crow Settle2 ment Fund established under section 411 of the 

3 Crow Tribe Water Rights Settlement Act of 2010, 

4 which shall include the estimated amount of deposits 

5 into the Fund, obligations, and outlays from the 

6 Fund.’’. 

7 SEC. 412. YELLOWTAIL DAM, MONTANA. 

8 (a) STREAMFLOW AND LAKE LEVEL MANAGEMENT

9 PLAN.— 

10 (1) IN GENERAL.—Nothing in this title, the 

11 Compact, or the Streamflow and Lake Level Man12 agement Plan referred to in article III(A)(7) of the 

13 Compact— 

14 (A) limits the discretion of the Secretary 

15 under the section 4F of that plan; or 

16 (B) requires the Secretary to give priority 

17 to any factor described in section 4F of that 

18 plan over any other factor described in that sec19 tion. 

20 (2) BIGHORN LAKE MANAGEMENT.—Bighorn 

21 Lake water management, including the Streamflow 

22 and Lake Level Management Plan, is a Federal ac23 tivity, and the review and enforcement of any water 

24 management decisions relating to Bighorn Lake 

25 shall be as provided by Federal law. 
142 

† HR 4783 EAS 

1 (3) APPLICABILITY OF PARAGRAPHS (1) AND

2 (2).—The Streamflow and Lake Level Management 

3 Plan referred to in and part of the Compact shall be 

4 interpreted to clearly reflect paragraphs (1) and (2). 

5 (4) APPLICABILITY OF INSTREAM FLOW RE6 QUIREMENTS IN PLAN.—Notwithstanding any term 

7 (including any defined term) or provision in the 

8 Streamflow and Lake Level Management Plan, for 

9 purposes of this title, the Compact, and the 

10 Streamflow and Lake Level Management Plan, any 

11 requirement in the Streamflow and Lake Level Man12 agement Plan that the Tribe dedicate a specified 

13 percentage, portion, or number of acre-feet of water 

14 per year of the tribal water rights to instream flow 

15 means (and is limited in meaning and effect to) an 

16 obligation on the part of the Tribe to withhold from 

17 development or otherwise refrain from diverting or 

18 removing from the Bighorn River the specified quan19 tity of water for the duration, at the locations, and 

20 under the conditions set forth in the applicable re21 quirement. 

22 (b) POWER GENERATION.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, the Tribe shall have the exclusive 

25 right to develop and market power generation on the 
143 

† HR 4783 EAS 

1 Yellowtail Afterbay Dam, provided that this exclu2 sive right shall expire 15 years after the date of en3 actment of this Act if construction has not been sub4 stantially completed on the power generation project 

5 of the Tribe. 

6 (2) BUREAU OF RECLAMATION COOPERA7 TION.—The Bureau of Reclamation shall cooperate 

8 with the Tribe on the development of any power gen9 eration project under this subsection. 

10 (3) AGREEMENT.—Before construction of a 

11 power generation project under this subsection, the 

12 Tribe shall enter into an agreement with the Bureau 

13 of Reclamation that contains provisions that— 

14 (A) allocate the responsibilities for the de15 sign, construction, and operations of the 

16 project; 

17 (B) assure the compatibility of the power 

18 generation project with the operations of the 

19 Yellowtail Unit and the Yellowtail Afterbay 

20 Dam, which shall include entering into agree21 ments— 

22 (i) regarding operating criteria and 

23 emergency procedures, as they relate to 

24 dam safety; and 
144 

† HR 4783 EAS 

1 (ii) under which, should the Tribe 

2 propose any modifications to facilities 

3 owned by the Bureau of Reclamation, the 

4 proposed modifications shall be subject to 

5 review and approval by the Secretary, act6 ing through the Bureau of Reclamation; 

7 (C) beginning 10 years after the date on 

8 which the Tribe begins marketing power gen9 erated from the Yellowtail Afterbay Dam, the 

10 Tribe shall make annual payments for oper11 ation, maintenance, and replacement costs in 

12 amounts determined in accordance with the 

13 guidelines and methods of the Bureau of Rec14 lamation for assessing operation, maintenance, 

15 and replacement charges, provided that such 

16 annual payments shall not exceed 3 percent of 

17 gross annual revenue produced by the sale of 

18 electricity generated by such project; and 

19 (D) the Secretary— 

20 (i) shall review the charges established 

21 in the agreement on the date that is 5 

22 years after the date on which the Tribe 

23 makes the first payment described in sub24 paragraph (C) to the Secretary under the 
145 

† HR 4783 EAS 

1 agreement and at 5 year intervals there2 after; and 

3 (ii) may increase or decrease the 

4 charges in proportion to the amount of any 

5 increase or decrease in the costs of oper6 ation, maintenance, and replacement for 

7 the Yellowtail Afterbay Dam, provided that 

8 any increase in operation, maintenance, 

9 and replacement costs assessed to the 

10 Tribe may not exceed— 

11 (I) 5 percent in any 5 year pe12 riod; and 

13 (II) 3 percent of the gross annual 

14 revenue produced by the sale of elec15 tricity generated by such project. 

16 (4) USE OF POWER BY TRIBE.—Any hydro17 electric power generated in accordance with this sub18 section shall be used or marketed by the Tribe. 

19 (5) REVENUES.—The Tribe shall retain any 

20 revenues from the sale of hydroelectric power gen21 erated by a project under this subsection. 

22 (6) LIABILITY OF UNITED STATES.—The 

23 United States shall have no trust obligation to mon24 itor, administer, or account for— 
146 

† HR 4783 EAS 

1 (A) the revenues received by the Tribe 

2 under this subsection; or 

3 (B) the expenditure of the revenues re4 ceived by the Tribe under this subsection. 

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

6 Reclamation shall consult with the Tribe on at least a 

7 quarterly basis on all issues relating to the management 

8 of Yellowtail Dam by the Bureau of Reclamation. 

9 (d) AMENDMENTS TO COMPACT AND PLAN.—The 

10 provisions of subsection (a) apply to any amendment to— 

11 (1) the Compact; or 

12 (2) the Streamflow and Lake Level Manage13 ment Plan. 

14 SEC. 413. MISCELLANEOUS PROVISIONS. 

15 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

19 title waives the sovereign immunity of the United States. 

20 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

21 Nothing in this title quantifies or diminishes any land or 

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

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

24 Tribe. 
147 

† HR 4783 EAS 

1 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

2 With respect to Indian land within the Reservation or the 

3 ceded strip— 

4 (1) the United States shall not submit against 

5 any Indian-owned land located within the Reserva6 tion or the ceded strip any claim for reimbursement 

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

8 title and the Compact; and 

9 (2) no assessment of any Indian-owned land lo10 cated within the Reservation or the ceded strip shall 

11 be made regarding that cost. 

12 (d) LIMITATION ON LIABILITY OF UNITED

13 STATES.— 

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

15 trust or other obligation— 

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

17 in any manner, any funds provided to the Tribe 

18 by any party to the Compact other than the 

19 United States; or 

20 (B) to review or approve any expenditure 

21 of those funds. 

22 (2) INDEMNIFICATION.—The Tribe shall indem23 nify the United States, and hold the United States 

24 harmless, with respect to all claims (including claims 

25 for takings or breach of trust) arising from the re-
148 

† HR 4783 EAS 

1 ceipt or expenditure of amounts described in para2 graph (1)(A). 

3 (e) EFFECT ON CURRENT LAW.—Nothing in this sec4 tion affects any provision of law (including regulations) 

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

6 Act with respect to preenforcement review of any Federal 

7 environmental enforcement action. 

8 (f) LIMITATIONS ON EFFECT.— 

9 (1) IN GENERAL.—Nothing in this title, the 

10 Compact, or the Streamflow and Lake Level Man11 agement Plan referred to in article III(A)(7) of the 

12 Compact— 

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

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

18 River Compact; 

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

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

23 the Yellowstone River Compact; or 

24 (iv) any present or future claim, de25 fense, or other position asserted in any 
149 

† HR 4783 EAS 

1 legal, administrative, or other proceeding 

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

6 of the date of enactment of this Act before 

7 the United States Supreme Court); 

8 (B) makes an allocation or apportionment 

9 of water between or among States; 

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

11 to what extent (if any)— 

12 (i) the tribal water rights, or any por13 tion of the tribal water rights, should be 

14 accounted for as part of or otherwise 

15 charged against any allocation of water 

16 made to a State under the provisions of 

17 the Yellowstone River Compact; or 

18 (ii) the Yellowstone River Compact in19 cludes the tribal water rights or the water 

20 right of any Indian tribe as part of any al21 location or other disposition of water under 

22 that compact; or 

23 (D) waives the sovereign immunity from 

24 suit of any State under the Eleventh Amend25 ment to the Constitution of the United States, 
150 

† HR 4783 EAS 

1 except as expressly authorized in Article 

2 IV(F)(8) of the Compact. 

3 (2) EFFECT OF CERTAIN PROVISIONS IN COM4 PACT.—The provisions in paragraphs (1) and (2) of 

5 article III (A)(6)(a), paragraphs (1) and (2) of arti6 cle III(B)(6)(a), paragraphs (1) and (2) of article 

7 III(E)(6)(a), and paragraphs (1) and (2) of article 

8 III (F)(6)(a) of the Compact that provide protec9 tions to certain water rights recognized under the 

10 laws of the State of Montana do not affect in any 

11 way, either directly or indirectly, existing or future 

12 water rights (including the exercise of any such 

13 rights) outside of the State of Montana. 

14 (g) EFFECT ON RECLAMATION LAW.—The activities 

15 carried out by the Bureau of Reclamation under this title 

16 shall not establish a precedent or impact the authority 

17 provided under any other provision of Federal reclamation 

18 law, including— 

19 (1) the Rural Supply Act of 2006 (Public Law 

20 109–451; 120 Stat. 3345); and 

21 (2) the Omnibus Public Land Management Act 

22 of 2009 (Public Law 111–11; 123 Stat. 991). 

23 SEC. 414. FUNDING. 

24 (a) REHABILITATION AND IMPROVEMENT OF CROW

25 IRRIGATION PROJECT.— 
151 

† HR 4783 EAS 

1 (1) MANDATORY APPROPRIATION.—Out of any 

2 funds in the Treasury not otherwise appropriated, 

3 the Secretary of the Treasury shall transfer to the 

4 Secretary $73,843,000, adjusted to reflect changes 

5 since May 1, 2008, in construction cost indices ap6 plicable to the types of construction involved in the 

7 rehabilitation and improvement of the Crow Irriga8 tion Project, for the rehabilitation and improvement 

9 of the Crow Irrigation Project. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

11 addition to the amount made available under para12 graph (1), there is authorized to be appropriated to 

13 the Secretary for the rehabilitation and improvement 

14 of the Crow Irrigation Project $58,000,000, ad15 justed to reflect changes since May 1, 2008, in con16 struction cost indices applicable to the types of con17 struction involved in the rehabilitation and improve18 ment of the Crow Irrigation Project. 

19 (b) DESIGN AND CONSTRUCTION OF MR&I SYS20 TEM.— 

21 (1) MANDATORY APPROPRIATION.—Out of any 

22 funds in the Treasury not otherwise appropriated, 

23 the Secretary of the Treasury shall transfer to the 

24 Secretary $146,000,000, adjusted to reflect changes 

25 since May 1, 2008, in construction cost indices ap-
152 

† HR 4783 EAS 

1 plicable to the types of construction involved in the 

2 design and construction of the MR&I System, for 

3 the design and construction of the MR&I System. 

4 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

5 addition to the amount made available under para6 graph (1), there is authorized to be appropriated to 

7 the Secretary for the design and construction of the 

8 MR&I System $100,381,000, adjusted to reflect 

9 changes since May 1, 2008, in construction cost in10 dices applicable to the types of construction involved 

11 in the design and construction of the MR&I System. 

12 (c) TRIBAL COMPACT ADMINISTRATION.—Out of any 

13 funds in the Treasury not otherwise appropriated, the Sec14 retary of the Treasury shall transfer to the Secretary 

15 $4,776,000, adjusted to reflect changes in appropriate 

16 cost indices during the period beginning on the date of 

17 enactment of this Act and ending on the date of the trans18 fer, for Tribal Compact Administration. 

19 (d) ENERGY DEVELOPMENT PROJECTS.—Out of any 

20 funds in the Treasury not otherwise appropriated, the Sec21 retary of the Treasury shall transfer to the Secretary 

22 $20,000,000, adjusted to reflect changes in appropriate 

23 cost indices during the period beginning on the date of 

24 enactment of this Act and ending on the date of the trans-
153 

† HR 4783 EAS 

1 fer, for Energy Development Projects as set forth in sec2 tion 411(e)(3)(C). 

3 (e) MR&I SYSTEM OM&R.—Out of any funds in the 

4 Treasury not otherwise appropriated, the Secretary of the 

5 Treasury shall transfer to the Secretary $47,000,000, ad6 justed to reflect changes in appropriate cost indices during 

7 the period beginning on the date of enactment of this Act 

8 and ending on the date of the transfer, for MR&I System 

9 OM&R. 

10 (f) CIP OM&R.—Out of any funds in the Treasury 

11 not otherwise appropriated, the Secretary of the Treasury 

12 shall transfer to the Secretary $10,000,000, adjusted to 

13 reflect changes in appropriate cost indices during the pe14 riod beginning on the date of enactment of this Act and 

15 ending on the date of the transfer, for CIP OM&R. 

16 (g) USE.—In addition to the uses authorized under 

17 subsections (a) and (b), such amounts as may be nec18 essary of the amounts made available under those sub19 sections may be used to carry out related activities nec20 essary to comply with Federal environmental and cultural 

21 resource laws. 

22 (h) ACCOUNT TRANSFERS.— 

23 (1) IN GENERAL.—The Secretary may transfer 

24 from the amounts made available under subsection 

25 (a) such amounts as the Secretary, with the concur-
154 

† HR 4783 EAS 

1 rence of the Tribe, determines to be necessary to 

2 supplement the amounts made available under sub3 section (b), on a determination of the Secretary, in 

4 consultation with the Tribe, that such a transfer is 

5 in the best interest of the Tribe. 

6 (2) OTHER APPROVED TRANSFERS.—The Sec7 retary may transfer from the amounts made avail8 able under subsection (b) such amounts as the Sec9 retary, with the concurrence of the Tribe, determines 

10 to be necessary to supplement the amounts made 

11 available under subsection (a), on a determination of 

12 the Secretary, in consultation with the Tribe, that 

13 such a transfer is in the best interest of the Tribe. 

14 (i) RECEIPT AND ACCEPTANCE.—The Secretary shall 

15 be entitled to receive, shall accept, and shall use to carry 

16 out this section the funds transferred under subsections 

17 (a) through (f), without further appropriation. 

18 SEC. 415. REPEAL ON FAILURE TO MEET ENFORCEABILITY 

19 DATE. 

20 If the Secretary does not publish a statement of find21 ings under section 410(e) not later than March 31, 2016, 

22 or the extended date agreed to by the Tribe and the Sec23 retary, after reasonable notice to the State of Montana, 

24 as applicable— 
155 

† HR 4783 EAS 

1 (1) this title is repealed effective April 1, 2016, 

2 or the day after the extended date agreed to by the 

3 Tribe and the Secretary after reasonable notice to 

4 the State of Montana, whichever is later; 

5 (2) any action taken by the Secretary and any 

6 contract or agreement pursuant to the authority pro7 vided under any provision of this title shall be void; 

8 (3) any amounts made available under section 

9 414, together with any interest on those amounts, 

10 shall immediately revert to the general fund of the 

11 Treasury; 

12 (4) any amounts made available under section 

13 414 that remain unexpended shall immediately re14 vert to the general fund of the Treasury; and 

15 (5) the United States shall be entitled to set off 

16 against any claims asserted by the Tribe against the 

17 United States relating to water rights— 

18 (A) any funds expended or withdrawn from 

19 the amounts made available pursuant to this 

20 title; and 

21 (B) any funds made available to carry out 

22 the activities authorized in this title from other 

23 authorized sources. 
156 

† HR 4783 EAS 

1 SEC. 416. ANTIDEFICIENCY. 

2 The United States shall not be liable for any failure 

3 to carry out any obligation or activity authorized by this 

4 title (including any such obligation or activity under the 

5 Settlement Agreement) if adequate appropriations are not 

6 provided expressly by Congress to carry out the purposes 

7 of this title in the Reclamation Water Settlements Fund 

8 established under section 10501 of Public Law 111–11 or 

9 the ‘‘Emergency Fund for Indian Safety and Health’’ es10 tablished by section 601(a) of the Tom Lantos and Henry 

11 J. Hyde United States Global Leadership Against HIV/ 

12 AIDS, Tuberculosis, and Malaria Reauthorization Act of 

13 2008 (25 U.S.C. 443c(a)). 

14 TITLE V—TAOS PUEBLO INDIAN 

15 WATER RIGHTS 

16 SEC. 501. SHORT TITLE. 

17 This title may be cited as the ‘‘Taos Pueblo Indian 

18 Water Rights Settlement Act’’. 

19 SEC. 502. PURPOSES. 

20 The purposes of this title are— 

21 (1) to approve, ratify, and confirm the Taos 

22 Pueblo Indian Water Rights Settlement Agreement; 

23 (2) to authorize and direct the Secretary to exe24 cute the Settlement Agreement and to perform all 

25 obligations of the Secretary under the Settlement 

26 Agreement and this title; and 
157 

† HR 4783 EAS 

1 (3) to authorize all actions and appropriations 

2 necessary for the United States to meet its obliga3 tions under the Settlement Agreement and this title. 

4 SEC. 503. DEFINITIONS. 

5 In this title: 

6 (1) ELIGIBLE NON-PUEBLO ENTITIES.—The 

7 term ‘‘Eligible Non-Pueblo Entities’’ means the 

8 Town of Taos, the El Prado Water and Sanitation 

9 District, and the New Mexico Department of Fi10 nance and Administration Local Government Divi11 sion on behalf of the Acequia Madre del Rio Lucero 

12 y del Arroyo Seco, the Acequia Madre del Prado, the 

13 Acequia del Monte, the Acequia Madre del Rio 

14 Chiquito, the Upper Ranchitos Mutual Domestic 

15 Water Consumers Association, the Upper Arroyo 

16 Hondo Mutual Domestic Water Consumers Associa17 tion, and the Llano Quemado Mutual Domestic 

18 Water Consumers Association. 

19 (2) ENFORCEMENT DATE.—The term ‘‘Enforce20 ment Date’’ means the date upon which the Sec21 retary publishes the notice required by section 

22 509(f)(1). 

23 (3) MUTUAL-BENEFIT PROJECTS.—The term 

24 ‘‘Mutual-Benefit Projects’’ means the projects de-
158 

† HR 4783 EAS 

1 scribed and identified in articles 6 and 10.1 of the 

2 Settlement Agreement. 

3 (4) PARTIAL FINAL DECREE.—The term ‘‘Par4 tial Final Decree’’ means the Decree entered in New 

5 Mexico v. Abeyta and New Mexico v. Arellano, Civil 

6 Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

7 D.N.M.) (consolidated), for the resolution of the 

8 Pueblo’s water right claims and which is substan9 tially in the form agreed to by the Parties and at10 tached to the Settlement Agreement as Attachment 

11 5. 

12 (5) PARTIES.—The term ‘‘Parties’’ means the 

13 Parties to the Settlement Agreement, as identified in 

14 article 1 of the Settlement Agreement. 

15 (6) PUEBLO.—The term ‘‘Pueblo’’ means the 

16 Taos Pueblo, a sovereign Indian tribe duly recog17 nized by the United States of America. 

18 (7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 

19 means those lands located within the Taos Valley to 

20 which the Pueblo, or the United States in its capac21 ity as trustee for the Pueblo, holds title subject to 

22 Federal law limitations on alienation. Such lands in23 clude Tracts A, B, and C, the Pueblo’s land grant, 

24 the Blue Lake Wilderness Area, and the Tenorio 
159 

† HR 4783 EAS 

1 and Karavas Tracts and are generally depicted in 

2 Attachment 2 to the Settlement Agreement. 

3 (8) SAN JUAN-CHAMA PROJECT.—The term 

4 ‘‘San Juan-Chama Project’’ means the Project au5 thorized by section 8 of the Act of June 13, 1962 

6 (76 Stat. 96 and 97), and the Act of April 11, 1956 

7 (70 Stat. 105). 

8 (9) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (10) SETTLEMENT AGREEMENT.—The term 

11 ‘‘Settlement Agreement’’ means the contract dated 

12 March 31, 2006, between and among— 

13 (A) the United States, acting solely in its 

14 capacity as trustee for Taos Pueblo; 

15 (B) the Taos Pueblo, on its own behalf; 

16 (C) the State of New Mexico; 

17 (D) the Taos Valley Acequia Association 

18 and its 55 member ditches; 

19 (E) the Town of Taos; 

20 (F) the El Prado Water and Sanitation 

21 District; and 

22 (G) the 12 Taos area Mutual Domestic 

23 Water Consumers Associations, as amended to 

24 conform with this title. 
160 

† HR 4783 EAS 

1 (11) STATE ENGINEER.—The term ‘‘State En2 gineer’’ means the New Mexico State Engineer. 

3 (12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 

4 means the geographic area depicted in Attachment 4 

5 of the Settlement Agreement. 

6 SEC. 504. PUEBLO RIGHTS. 

7 (a) IN GENERAL.—Those rights to which the Pueblo 

8 is entitled under the Partial Final Decree shall be held 

9 in trust by the United States on behalf of the Pueblo and 

10 shall not be subject to forfeiture, abandonment, or perma11 nent alienation. 

12 (b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 

13 shall not be denied all or any part of its rights held in 

14 trust absent its consent unless such rights are explicitly 

15 abrogated by an Act of Congress hereafter enacted. 

16 SEC. 505. TAOS PUEBLO WATER DEVELOPMENT FUND. 

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

18 Treasury of the United States a fund to be known as the 

19 ‘‘Taos Pueblo Water Development Fund’’ (referred to in 

20 this section as the ‘‘Fund’’) to be used to pay or reimburse 

21 costs incurred by the Pueblo for— 

22 (1) acquiring water rights; 

23 (2) planning, permitting, designing, engineer24 ing, constructing, reconstructing, replacing, rehabili25 tating, operating, or repairing water production, 
161 

† HR 4783 EAS 

1 treatment or delivery infrastructure, on-farm im2 provements, or wastewater infrastructure; 

3 (3) restoring, preserving and protecting the 

4 Buffalo Pasture, including planning, permitting, de5 signing, engineering, constructing, operating, man6 aging and replacing the Buffalo Pasture Recharge 

7 Project; 

8 (4) administering the Pueblo’s water rights ac9 quisition program and water management and ad10 ministration system; and 

11 (5) watershed protection and enhancement, sup12 port of agriculture, water-related Pueblo community 

13 welfare and economic development, and costs related 

14 to the negotiation, authorization, and implementa15 tion of the Settlement Agreement. 

16 (b) MANAGEMENT OF FUND.—The Secretary shall 

17 manage the Fund, invest amounts in the Fund, and make 

18 monies available from the Fund for distribution to the 

19 Pueblo consistent with the American Indian Trust Fund 

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

21 (hereinafter, ‘‘Trust Fund Reform Act’’), this title, and 

22 the Settlement Agreement. 

23 (c) INVESTMENT OF FUND.—Upon the Enforcement 

24 Date, the Secretary shall invest amounts in the Fund in 

25 accordance with— 
162 

† HR 4783 EAS 

1 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

2 41, 25 U.S.C. 161); 

3 (2) the first section of the Act of June 24, 

4 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

5 (3) the American Indian Trust Fund Manage6 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

7 (d) AVAILABILITY OF AMOUNTS FROM FUND.—Upon 

8 the Enforcement Date, all monies deposited in the Fund 

9 pursuant to section 509(c)(1) or made available from 

10 other authorized sources shall be available to the Pueblo 

11 for expenditure or withdrawal after the requirements of 

12 subsection (e) have been met. 

13 (e) EXPENDITURES AND WITHDRAWAL.— 

14 (1) TRIBAL MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—The Pueblo may with16 draw all or part of the Fund on approval by the 

17 Secretary of a tribal management plan as de18 scribed in the Trust Fund Reform Act. 

19 (B) REQUIREMENTS.—In addition to the 

20 requirements under the Trust Fund Reform 

21 Act, the tribal management plan shall require 

22 that the Pueblo spend any funds in accordance 

23 with the purposes described in subsection (a). 

24 (2) ENFORCEMENT.—The Secretary may take 

25 judicial or administrative action to enforce the re-
163 

† HR 4783 EAS 

1 quirement that monies withdrawn from the Fund 

2 are used for the purposes specified in subsection (a). 

3 (3) LIABILITY.—If the Pueblo exercises the 

4 right to withdraw monies from the Fund, neither the 

5 Secretary nor the Secretary of the Treasury shall re6 tain any liability for the expenditure or investment 

7 of the monies withdrawn. 

8 (4) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Pueblo shall sub10 mit to the Secretary for approval an expendi11 ture plan for any portions of the funds made 

12 available under this title that the Pueblo does 

13 not withdraw under paragraph (1)(A). 

14 (B) DESCRIPTION.—The expenditure plan 

15 shall describe the manner in which, and the 

16 purposes for which, amounts remaining in the 

17 Fund will be used. 

18 (C) APPROVAL.—On receipt of an expendi19 ture plan under subparagraph (A), the Sec20 retary shall approve the plan if the Secretary 

21 determines that the plan is reasonable and con22 sistent with this title. 

23 (5) ANNUAL REPORT.—The Pueblo shall submit 

24 to the Secretary an annual report that describes all 
164 

† HR 4783 EAS 

1 expenditures from the Fund during the year covered 

2 by the report. 

3 (f) AMOUNTS AVAILABLE ON APPROPRIATION.—Not4 withstanding subsection (d), $15,000,000 of the monies 

5 deposited in the Fund— 

6 (1) shall be available upon appropriation or 

7 availability of the funds from other authorized 

8 sources for the Pueblo’s acquisition of water rights 

9 pursuant to Article 5.1.1.2.3 of the Settlement 

10 Agreement, the Buffalo Pasture Recharge Project, 

11 implementation of the Pueblo’s water rights acquisi12 tion program and water management and adminis13 tration system, the design, planning, engineering, 

14 permitting or construction of water or wastewater 

15 infrastructure eligible for funding under subsection 

16 (a), or costs related to the negotiation, authoriza17 tion, and implementation of the Settlement Agree18 ment, provided that such funds may be expended 

19 prior to the Enforcement Date only for activities 

20 which are determined by the Secretary to be more 

21 cost effective when implemented as early as possible; 

22 and 

23 (2) shall be distributed by the Secretary to the 

24 Pueblo on receipt by the Secretary from the Pueblo 

25 of a written notice and a Tribal Council resolution 
165 

† HR 4783 EAS 

1 that describes the purposes under paragraph (1) for 

2 which the monies will be used after a cost-effective3 ness determination by the Secretary has been made 

4 as described in paragraph (1). The Secretary shall 

5 make the determination described in paragraph (1) 

6 within a reasonable period of time after receipt of 

7 the notice and resolution. 

8 (g) NO PER CAPITA DISTRIBUTIONS.—No portion of 

9 the Fund shall be distributed on a per capita basis to 

10 members of the Pueblo. 

11 SEC. 506. MARKETING. 

12 (a) PUEBLO WATER RIGHTS.—Subject to the ap13 proval of the Secretary in accordance with subsection (e), 

14 the Pueblo may market water rights secured to it under 

15 the Settlement Agreement and Partial Final Decree, pro16 vided that such marketing is in accordance with this sec17 tion. 

18 (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN19 CHAMA PROJECT WATER.—Subject to the approval of the 

20 Secretary in accordance with subsection (e), the Pueblo 

21 may subcontract water made available to the Pueblo under 

22 the contract authorized under section 508(b)(1)(A) to 

23 third parties to supply water for use within or without the 

24 Taos Valley, provided that the delivery obligations under 

25 such subcontract are not inconsistent with the Secretary’s 
166 

† HR 4783 EAS 

1 existing San Juan-Chama Project obligations and such 

2 subcontract is in accordance with this section. 

3 (c) LIMITATION.— 

4 (1) IN GENERAL.—Diversion or use of water off 

5 Pueblo lands pursuant to Pueblo water rights or 

6 Pueblo contract rights to San Juan-Chama Project 

7 water shall be subject to and not inconsistent with 

8 the same requirements and conditions of State law, 

9 any applicable Federal law, and any applicable inter10 state compact as apply to the exercise of water 

11 rights or contract rights to San Juan-Chama Project 

12 water held by non-Federal, non-Indian entities, in13 cluding all applicable State Engineer permitting and 

14 reporting requirements. 

15 (2) EFFECT ON WATER RIGHTS.—Such diver16 sion or use off Pueblo lands under paragraph (1) 

17 shall not impair water rights or increase surface 

18 water depletions within the Taos Valley. 

19 (d) MAXIMUM TERM.— 

20 (1) IN GENERAL.—The maximum term of any 

21 water use lease or subcontract, including all renew22 als, shall not exceed 99 years in duration. 

23 (2) ALIENATION OF RIGHTS.—The Pueblo shall 

24 not permanently alienate any rights it has under the 
167 

† HR 4783 EAS 

1 Settlement Agreement, the Partial Final Decree, 

2 and this title. 

3 (e) APPROVAL OF SECRETARY.—The Secretary shall 

4 approve or disapprove any lease or subcontract submitted 

5 by the Pueblo for approval within a reasonable period of 

6 time after submission, provided that no Secretarial ap7 proval shall be required for any water use lease for less 

8 than 10 acre-feet per year with a term of less than 7 years, 

9 including all renewals. 

10 (f) NO FORFEITURE OR ABANDONMENT.—The non11 use by a lessee or subcontractor of the Pueblo of any right 

12 to which the Pueblo is entitled under the Partial Final 

13 Decree shall in no event result in a forfeiture, abandon14 ment, relinquishment, or other loss of all or any part of 

15 those rights. 

16 (g) NO PREEMPTION.— 

17 (1) IN GENERAL.—The approval authority of 

18 the Secretary provided under subsection (e) shall not 

19 amend, construe, supersede, or preempt any State or 

20 Federal law, interstate compact, or international 

21 treaty that pertains to the Colorado River, the Rio 

22 Grande, or any of their tributaries, including the ap23 propriation, use, development, storage, regulation, 

24 allocation, conservation, exportation, or quantity of 

25 those waters. 
168 

† HR 4783 EAS 

1 (2) APPLICABLE LAW.—The provisions of sec2 tion 2116 of the Revised Statutes (25 U.S.C. 177) 

3 shall not apply to any water made available under 

4 the Settlement Agreement. 

5 (h) NO PREJUDICE.—Nothing in this title shall be 

6 construed to establish, address, prejudice, or prevent any 

7 party from litigating whether or to what extent any appli8 cable State law, Federal law, or interstate compact does 

9 or does not permit, govern, or apply to the use of the 

10 Pueblo’s water outside of New Mexico. 

11 SEC. 507. MUTUAL-BENEFIT PROJECTS. 

12 (a) IN GENERAL.—Upon the Enforcement Date, the 

13 Secretary, acting through the Commissioner of Reclama14 tion, shall provide financial assistance in the form of 

15 grants on a nonreimbursable basis to Eligible Non-Pueblo 

16 Entities to plan, permit, design, engineer, and construct 

17 the Mutual-Benefit Projects in accordance with the Settle18 ment Agreement— 

19 (1) to minimize adverse impacts on the Pueblo’s 

20 water resources by moving future non-Indian ground 

21 water pumping away from the Pueblo’s Buffalo Pas22 ture; and 

23 (2) to implement the resolution of a dispute 

24 over the allocation of certain surface water flows be25 tween the Pueblo and non-Indian irrigation water 
169 

† HR 4783 EAS 

1 right owners in the community of Arroyo Seco 

2 Arriba. 

3 (b) COST-SHARING.— 

4 (1) FEDERAL SHARE.—The Federal share of 

5 the total cost of planning, designing, and con6 structing the Mutual-Benefit Projects authorized in 

7 subsection (a) shall be 75 percent and shall be non8 reimbursable. 

9 (2) NON-FEDERAL SHARE.—The non-Federal 

10 share of the total cost of planning, designing, and 

11 constructing the Mutual-Benefit Projects shall be 25 

12 percent and may be in the form of in-kind contribu13 tions, including the contribution of any valuable 

14 asset or service that the Secretary determines would 

15 substantially contribute to completing the Mutual16 Benefit Projects. 

17 (3) ADDITIONAL STATE CONTRIBUTION.—As a 

18 condition of expenditure by the Secretary of the 

19 funds made available under section 509(c)(2), the 

20 State shall— 

21 (A) appropriate and make available the 

22 non-Federal share described in paragraph (2); 

23 and 

24 (B) agree to provide additional funding as25 sociated with the Mutual-Benefit Projects as 
170 

† HR 4783 EAS 

1 described in paragraph 10 of the Settlement 

2 Agreement. 

3 SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS. 

4 (a) IN GENERAL.—Contracts issued under this sec5 tion shall be in accordance with this title and the Settle6 ment Agreement. 

7 (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT

8 WATER.— 

9 (1) IN GENERAL.—The Secretary shall enter 

10 into 3 repayment contracts within a reasonable pe11 riod after the date of enactment of this Act, for the 

12 delivery of San Juan-Chama Project water in the 

13 following amounts: 

14 (A) 2,215 acre-feet/annum to the Pueblo. 

15 (B) 366 acre-feet/annum to the Town of 

16 Taos. 

17 (C) 40 acre-feet/annum to the El Prado 

18 Water and Sanitation District. 

19 (2) REQUIREMENTS.—Each such contract shall 

20 provide that if the conditions precedent set forth in 

21 section 509(f)(2) have not been fulfilled by March 

22 31, 2017, the contract shall expire on that date. 

23 (3) APPLICABLE LAW.—Public Law 87–483 (76 

24 Stat. 97) applies to the contracts entered into under 

25 paragraph (1) and no preference shall be applied as 
171 

† HR 4783 EAS 

1 a result of section 504(a) with regard to the delivery 

2 or distribution of San Juan-Chama Project water or 

3 the management or operation of the San Juan4 Chama Project. 

5 (c) WAIVER.—With respect to the contract author6 ized and required by subsection (b)(1)(A) and notwith7 standing the provisions of Public Law 87–483 (76 Stat. 

8 96) or any other provision of law— 

9 (1) the Secretary shall waive the entirety of the 

10 Pueblo’s share of the construction costs, both prin11 cipal and the interest, for the San Juan-Chama 

12 Project and pursuant to that waiver, the Pueblo’s 

13 share of all construction costs for the San Juan14 Chama Project, inclusive of both principal and inter15 est shall be nonreimbursable; and 

16 (2) the Secretary’s waiver of the Pueblo’s share 

17 of the construction costs for the San Juan-Chama 

18 Project will not result in an increase in the pro rata 

19 shares of other San Juan-Chama Project water con20 tractors, but such costs shall be absorbed by the 

21 United States Treasury or otherwise appropriated to 

22 the Department of the Interior. 

23 SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA24 TIONS, AND CONDITIONS PRECEDENT. 

25 (a) RATIFICATION.— 
172 

† HR 4783 EAS 

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

2 any provision of the Settlement Agreement conflicts 

3 with any provision of this title, the Settlement 

4 Agreement is authorized, ratified, and confirmed. 

5 (2) AMENDMENTS.—To the extent amendments 

6 are executed to make the Settlement Agreement con7 sistent with this title, such amendments are also au8 thorized, ratified, and confirmed. 

9 (b) EXECUTION OF SETTLEMENT AGREEMENT.—To 

10 the extent that the Settlement Agreement does not conflict 

11 with this title, the Secretary shall execute the Settlement 

12 Agreement, including all exhibits to the Settlement Agree13 ment requiring the signature of the Secretary and any 

14 amendments necessary to make the Settlement Agreement 

15 consistent with this title, after the Pueblo has executed 

16 the Settlement Agreement and any such amendments. 

17 (c) FUNDING.— 

18 (1) TAOS PUEBLO WATER DEVELOPMENT

19 FUND.— 

20 (A) MANDATORY APPROPRIATION.—Out of 

21 any funds in the Treasury not otherwise appro22 priated, the Secretary of the Treasury shall 

23 transfer to the Secretary for deposit in the 

24 Taos Pueblo Water Development Fund estab25 lished by section 505(a), for the period of fiscal 
173 

† HR 4783 EAS 

1 years 2011 through 2016, $50,000,000, as ad2 justed by such amounts as may be required due 

3 to increases since April 1, 2007, in construction 

4 costs, as indicated by engineering cost indices 

5 applicable to the types of construction or reha6 bilitation involved. 

7 (B) AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to the amount made avail9 able under subparagraph (A), there is author10 ized to be appropriated to the Secretary for de11 posit in the Taos Pueblo Water Development 

12 Fund established by section 505(a) 

13 $38,000,000, as adjusted by such amounts as 

14 may be required due to increases since April 1, 

15 2007, in construction costs, as indicated by en16 gineering cost indices applicable to the types of 

17 construction or rehabilitation involved, for the 

18 period of fiscal years 2011 through 2016. 

19 (2) MUTUAL-BENEFIT PROJECTS FUNDING.— 

20 (A) FUNDING.— 

21 (i) MANDATORY APPROPRIATION.— 

22 Out of any funds in the Treasury not oth23 erwise appropriated, the Secretary of the 

24 Treasury shall transfer to the Secretary to 

25 provide grants pursuant to section 507 
174 

† HR 4783 EAS 

1 $16,000,000 for the period of fiscal years 

2 2011 through 2016. 

3 (ii) AUTHORIZATION OF APPROPRIA4 TIONS.—In addition to the amount made 

5 available under clause (i), there is author6 ized to be appropriated to the Secretary to 

7 provide grants pursuant to section 507 

8 $20,000,000 for the period of fiscal years 

9 2011 through 2016. 

10 (B) DEPOSIT IN FUND.—The Secretary 

11 shall deposit the funds made available pursuant 

12 to subparagraph (A) into a noninterest-bearing 

13 fund, to be known as the ‘‘Taos Settlement 

14 Fund’’, to be established in the Treasury of the 

15 United States so that such funds may be made 

16 available on the Enforcement Date as set forth 

17 in section 507(a). 

18 (3) RECEIPT AND ACCEPTANCE.—The Sec19 retary shall be entitled to receive, shall accept, and 

20 shall use to carry out this title the funds transferred 

21 under paragraphs (1)(A) and (2)(A)(i), without fur22 ther appropriation, to remain available until ex23 pended. 

24 (d) AUTHORITY OF SECRETARY.—The Secretary is 

25 authorized to enter into such agreements and to take such 
175 

† HR 4783 EAS 

1 measures as the Secretary may deem necessary or appro2 priate to fulfill the intent of the Settlement Agreement 

3 and this title. 

4 (e) ENVIRONMENTAL COMPLIANCE.— 

5 (1) EFFECT OF EXECUTION OF SETTLEMENT

6 AGREEMENT.—The Secretary’s execution of the Set7 tlement Agreement shall not constitute a major Fed8 eral action under the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). 

10 (2) COMPLIANCE WITH ENVIRONMENTAL

11 LAWS.—In carrying out this title, the Secretary shall 

12 comply with each law of the Federal Government re13 lating to the protection of the environment, includ14 ing— 

15 (A) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); and 

17 (B) the Endangered Species Act of 1973 

18 (16 U.S.C. 1531 et seq.). 

19 (f) CONDITIONS PRECEDENT AND SECRETARIAL

20 FINDING.— 

21 (1) IN GENERAL.—Upon the fulfillment of the 

22 conditions precedent described in paragraph (2), the 

23 Secretary shall publish in the Federal Register a 

24 statement of finding that the conditions have been 

25 fulfilled. 
176 

† HR 4783 EAS 

1 (2) CONDITIONS.—The conditions precedent re2 ferred to in paragraph (1) are the following: 

3 (A) The President has signed into law the 

4 Taos Pueblo Indian Water Rights Settlement 

5 Act. 

6 (B) To the extent that the Settlement 

7 Agreement conflicts with this title, the Settle8 ment Agreement has been revised to conform 

9 with this title. 

10 (C) The Settlement Agreement, so revised, 

11 including waivers and releases pursuant to sec12 tion 510, has been executed by the Parties and 

13 the Secretary prior to the Parties’ motion for 

14 entry of the Partial Final Decree. 

15 (D) Congress has fully appropriated or the 

16 Secretary has provided from other authorized 

17 sources all funds made available under para18 graphs (1) and (2) of subsection (c). 

19 (E) The Legislature of the State of New 

20 Mexico has fully appropriated the funds for the 

21 State contributions as specified in the Settle22 ment Agreement, and those funds have been de23 posited in appropriate accounts. 

24 (F) The State of New Mexico has enacted 

25 legislation that amends NMSA 1978, section 
177 

† HR 4783 EAS 

1 72–6–3 to state that a water use due under a 

2 water right secured to the Pueblo under the 

3 Settlement Agreement or the Partial Final De4 cree may be leased for a term, including all re5 newals, not to exceed 99 years, provided that 

6 this condition shall not be construed to require 

7 that said amendment state that any State law 

8 based water rights acquired by the Pueblo or by 

9 the United States on behalf of the Pueblo may 

10 be leased for said term. 

11 (G) A Partial Final Decree that sets forth 

12 the water rights and contract rights to water to 

13 which the Pueblo is entitled under the Settle14 ment Agreement and this title and that sub15 stantially conforms to the Settlement Agree16 ment and Attachment 5 thereto has been ap17 proved by the Court and has become final and 

18 nonappealable. 

19 (g) ENFORCEMENT DATE.—The Settlement Agree20 ment shall become enforceable, and the waivers and re21 leases executed pursuant to section 510 and the limited 

22 waiver of sovereign immunity set forth in section 511(a) 

23 shall become effective, as of the date that the Secretary 

24 publishes the notice required by subsection (f)(1). 

25 (h) EXPIRATION DATE.— 
178 

† HR 4783 EAS 

1 (1) IN GENERAL.—If all of the conditions 

2 precedent described in section (f)(2) have not been 

3 fulfilled by March 31, 2017, the Settlement Agree4 ment shall be null and void, the waivers and releases 

5 executed pursuant to section 510 and the sovereign 

6 immunity waivers in section 511(a) shall not become 

7 effective, and any unexpended Federal funds, to8 gether with any income earned thereon, and title to 

9 any property acquired or constructed with expended 

10 Federal funds, shall be returned to the Federal Gov11 ernment, unless otherwise agreed to by the Parties 

12 in writing and approved by Congress. 

13 (2) EXCEPTION.—Notwithstanding subsection 

14 (h)(1) or any other provision of law, except as pro15 vided in subsection (i), title to any property acquired 

16 or constructed with expended Federal funds made 

17 available under section 505(f) shall be retained by 

18 the Pueblo. 

19 (i) RIGHT TO SET-OFF.—If the conditions precedent 

20 described in subsection (f)(2) have not been fulfilled by 

21 March 31, 2017, and the Settlement Agreement is null 

22 and void under subsection (h)(1)— 

23 (1) the United States shall be entitled to set off 

24 any Federal funds made available under section 

25 505(f) that were used for purposes other than the 
179 

† HR 4783 EAS 

1 purchase of water rights against any claim of the 

2 Pueblo against the United States described in sec3 tion 510(b) (but excluding any claim retained under 

4 section 510(c)); and 

5 (2) the Pueblo shall have the option either— 

6 (A) to accept an equitable credit for any 

7 water rights acquired with funds made available 

8 under section 505(f) against any water rights 

9 secured for the Pueblo by the Pueblo, or by the 

10 United States on behalf of the Pueblo, in any 

11 litigation or future settlement of the case styled 

12 New Mexico v. Abeyta and New Mexico v. 

13 Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) 

14 and 7939–BB (U.S. D.N.M.) (consolidated); or 

15 (B) to convey to the United States any 

16 water rights acquired with funds made available 

17 under section 505(f). 

18 (j) EXTENSION.—The dates in subsections (h) and 

19 (i) and section 510(e) may be extended if the Parties agree 

20 that an extension is reasonably necessary. 

21 SEC. 510. WAIVERS AND RELEASES OF CLAIMS. 

22 (a) CLAIMS BY THE PUEBLO AND THE UNITED

23 STATES.—In return for recognition of the Pueblo’s water 

24 rights and other benefits, including but not limited to the 

25 commitments by non-Pueblo parties, as set forth in the 
180 

† HR 4783 EAS 

1 Settlement Agreement and this title, the Pueblo, on behalf 

2 of itself and its members, and the United States acting 

3 in its capacity as trustee for the Pueblo are authorized 

4 to execute a waiver and release of claims against the par5 ties to New Mexico v. Abeyta and New Mexico v. Arellano, 

6 Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

7 D.N.M.) (consolidated) from— 

8 (1) all claims for water rights in the Taos Val9 ley that the Pueblo, or the United States acting in 

10 its capacity as trustee for the Pueblo, asserted, or 

11 could have asserted, in any proceeding, including but 

12 not limited to in New Mexico v. Abeyta and New 

13 Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 

14 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli15 dated), up to and including the Enforcement Date, 

16 except to the extent that such rights are recognized 

17 in the Settlement Agreement or this title; 

18 (2) all claims for water rights, whether for con19 sumptive or nonconsumptive use, in the Rio Grande 

20 mainstream or its tributaries that the Pueblo, or the 

21 United States acting in its capacity as trustee for 

22 the Pueblo, asserted or could assert in any water 

23 rights adjudication proceedings except those claims 

24 based on Pueblo or United States ownership of lands 

25 or water rights acquired after the Enforcement 
181 

† HR 4783 EAS 

1 Date, provided that nothing in this paragraph shall 

2 prevent the Pueblo or the United States from fully 

3 participating in the inter se phase of any such water 

4 rights adjudication proceedings; 

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

6 water rights or claims of interference with, diversion 

7 or taking of water (including but not limited to 

8 claims for injury to lands resulting from such dam9 ages, losses, injuries, interference with, diversion, or 

10 taking) in the Rio Grande mainstream or its tribu11 taries or for lands within the Taos Valley that ac12 crued at any time up to and including the Enforce13 ment Date; and 

14 (4) all claims against the State of New Mexico, 

15 its agencies, or employees relating to the negotiation 

16 or the adoption of the Settlement Agreement. 

17 (b) CLAIMS BY THE PUEBLO AGAINST THE UNITED

18 STATES.—The Pueblo, on behalf of itself and its members, 

19 is authorized to execute a waiver and release of— 

20 (1) all claims against the United States, its 

21 agencies, or employees relating to claims for water 

22 rights in or water of the Taos Valley that the United 

23 States acting in its capacity as trustee for the Pueb24 lo asserted, or could have asserted, in any pro25 ceeding, including but not limited to in New Mexico 
182 

† HR 4783 EAS 

1 v. Abeyta and New Mexico v. Arellano, Civil Nos. 

2 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

3 D.N.M.) (consolidated); 

4 (2) all claims against the United States, its 

5 agencies, or employees relating to damages, losses, 

6 or injuries to water, water rights, land, or natural 

7 resources due to loss of water or water rights (in8 cluding but not limited to damages, losses or injuries 

9 to hunting, fishing, gathering, or cultural rights due 

10 to loss of water or water rights, claims relating to 

11 interference with, diversion or taking of water or 

12 water rights, or claims relating to failure to protect, 

13 acquire, replace, or develop water, water rights or 

14 water infrastructure) in the Rio Grande mainstream 

15 or its tributaries or within the Taos Valley that first 

16 accrued at any time up to and including the En17 forcement Date; 

18 (3) all claims against the United States, its 

19 agencies, or employees for an accounting of funds 

20 appropriated by the Act of March 4, 1929 (45 Stat. 

21 1562), the Act of March 4, 1931 (46 Stat. 1552), 

22 the Act of June 22, 1936 (49 Stat. 1757), the Act 

23 of August 9, 1937 (50 Stat. 564), and the Act of 

24 May 9, 1938 (52 Stat. 291), as authorized by the 

25 Pueblo Lands Act of June 7, 1924 (43 Stat. 636), 
183 

† HR 4783 EAS 

1 and the Pueblo Lands Act of May 31, 1933 (48 

2 Stat. 108), and for breach of trust relating to funds 

3 for water replacement appropriated by said Acts 

4 that first accrued before the date of enactment of 

5 this Act; 

6 (4) all claims against the United States, its 

7 agencies, or employees relating to the pending litiga8 tion of claims relating to the Pueblo’s water rights 

9 in New Mexico v. Abeyta and New Mexico v. 

10 Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 

11 7939–BB (U.S. D.N.M.) (consolidated); and 

12 (5) all claims against the United States, its 

13 agencies, or employees relating to the negotiation, 

14 Execution or the adoption of the Settlement Agree15 ment, exhibits thereto, the Final Decree, or this 

16 title. 

17 (c) RESERVATION OF RIGHTS AND RETENTION OF

18 CLAIMS.—Notwithstanding the waivers and releases au19 thorized in this title, the Pueblo on behalf of itself and 

20 its members and the United States acting in its capacity 

21 as trustee for the Pueblo retain— 

22 (1) all claims for enforcement of the Settlement 

23 Agreement, the Final Decree, including the Partial 

24 Final Decree, the San Juan-Chama Project contract 
184 

† HR 4783 EAS 

1 between the Pueblo and the United States, or this 

2 title; 

3 (2) all claims against persons other than the 

4 Parties to the Settlement Agreement for damages, 

5 losses or injuries to water rights or claims of inter6 ference with, diversion or taking of water rights (in7 cluding but not limited to claims for injury to lands 

8 resulting from such damages, losses, injuries, inter9 ference with, diversion, or taking of water rights) 

10 within the Taos Valley arising out of activities oc11 curring outside the Taos Valley or the Taos Valley 

12 Stream System; 

13 (3) all rights to use and protect water rights ac14 quired after the date of enactment of this Act; 

15 (4) all rights to use and protect water rights ac16 quired pursuant to State law, to the extent not in17 consistent with the Partial Final Decree and the 

18 Settlement Agreement (including water rights for 

19 the land the Pueblo owns in Questa, New Mexico); 

20 (5) all claims relating to activities affecting the 

21 quality of water including but not limited to any 

22 claims the Pueblo might have under the Comprehen23 sive Environmental Response, Compensation, and 

24 Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in25 cluding but not limited to claims for damages to nat-
185 

† HR 4783 EAS 

1 ural resources), the Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.), the Federal Water Pollution 

3 Control Act (33 U.S.C. 1251 et seq.), and the regu4 lations implementing those Acts; 

5 (6) all claims relating to damages, losses, or in6 juries to land or natural resources not due to loss 

7 of water or water rights (including but not limited 

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

9 and 

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

11 powers, and claims not specifically waived and re12 leased pursuant to this title and the Settlement 

13 Agreement. 

14 (d) EFFECT.—Nothing in the Settlement Agreement 

15 or this title— 

16 (1) affects the ability of the United States act17 ing in its sovereign capacity to take actions author18 ized by law, including but not limited to any laws re19 lating to health, safety, or the environment, includ20 ing but not limited to the Federal Water Pollution 

21 Control Act (33 U.S.C. 1251 et seq.), the Safe 

22 Drinking Water Act (42 U.S.C. 300f et seq.), the 

23 Comprehensive Environmental Response, Compensa24 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

25 seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
186 

† HR 4783 EAS 

1 et seq.), and the regulations implementing such 

2 Acts; 

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

4 take actions acting in its capacity as trustee for any 

5 other Indian tribe or allottee; 

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

7 (A) interpret Federal law regarding health, 

8 safety, or the environment or determine the du9 ties of the United States or other parties pursu10 ant to such Federal law; or 

11 (B) conduct judicial review of Federal 

12 agency action; or 

13 (4) waives any claim of a member of the Pueblo 

14 in an individual capacity that does not derive from 

15 a right of the Pueblo. 

16 (e) TOLLING OF CLAIMS.— 

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

18 limitation and time-based equitable defense relating 

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

20 the period beginning on the date of enactment of 

21 this Act and ending on the earlier of— 

22 (A) March 31, 2017; or 

23 (B) the Enforcement Date. 

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

25 subsection revives any claim or tolls any period of 
187 

† HR 4783 EAS 

1 limitation or time-based equitable defense that ex2 pired before the date of enactment of this Act. 

3 (3) LIMITATION.—Nothing in this subsection 

4 precludes the tolling of any period of limitations or 

5 any time-based equitable defense under any other 

6 applicable law. 

7 SEC. 511. INTERPRETATION AND ENFORCEMENT. 

8 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

9 Upon and after the Enforcement Date, if any Party to 

10 the Settlement Agreement brings an action in any court 

11 of competent jurisdiction over the subject matter relating 

12 only and directly to the interpretation or enforcement of 

13 the Settlement Agreement or this title, and names the 

14 United States or the Pueblo as a party, then the United 

15 States, the Pueblo, or both may be added as a party to 

16 any such action, and any claim by the United States or 

17 the Pueblo to sovereign immunity from the action is 

18 waived, but only for the limited and sole purpose of such 

19 interpretation or enforcement, and no waiver of sovereign 

20 immunity is made for any action against the United States 

21 or the Pueblo that seeks money damages. 

22 (b) SUBJECT MATTER JURISDICTION NOT AF23 FECTED.—Nothing in this title shall be deemed as confer24 ring, restricting, enlarging, or determining the subject 

25 matter jurisdiction of any court, including the jurisdiction 
188 

† HR 4783 EAS 

1 of the court that enters the Partial Final Decree adjudi2 cating the Pueblo’s water rights. 

3 (c) REGULATORY AUTHORITY NOT AFFECTED.— 

4 Nothing in this title shall be deemed to determine or limit 

5 any authority of the State or the Pueblo to regulate or 

6 administer waters or water rights now or in the future. 

7 SEC. 512. DISCLAIMER. 

8 Nothing in the Settlement Agreement or this title 

9 shall be construed in any way to quantify or otherwise ad10 versely affect the land and water rights, claims, or entitle11 ments to water of any other Indian tribe. 

12 SEC. 513. ANTIDEFICIENCY. 

13 The United States shall not be liable for failure to 

14 carry out any obligation or activity authorized to be car15 ried out under this title (including any such obligation or 

16 activity under the Agreement) if adequate appropriations 

17 are not provided expressly to carry out the purposes of 

18 this title by Congress or there are not enough monies 

19 available to carry out the purposes of this title in the Rec20 lamation Water Settlements Fund established under sec21 tion 10501 of Public Law 111–11 or the ‘‘Emergency 

22 Fund for Indian Safety and Health’’ established by section 

23 601(a) of the Tom Lantos and Henry J. Hyde United 

24 States Global Leadership Against HIV/AIDS, Tuber-
189 

† HR 4783 EAS 

1 culosis, and Malaria Reauthorization Act of 2008 (25 

2 U.S.C. 443c(a)). 

3 TITLE VI—AAMODT LITIGATION 

4 SETTLEMENT 

5 SEC. 601. SHORT TITLE. 

6 This title may be cited as the ‘‘Aamodt Litigation 

7 Settlement Act’’. 

8 SEC. 602. DEFINITIONS. 

9 In this title: 

10 (1) AAMODT CASE.—The term ‘‘Aamodt Case’’ 

11 means the civil action entitled State of New Mexico, 

12 ex rel. State Engineer and United States of Amer13 ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 

14 de San Ildefonso, and Pueblo de Tesuque v. R. Lee 

15 Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). 

16 (2) ACRE-FEET.—The term ‘‘acre-feet’’ means 

17 acre-feet of water per year. 

18 (3) AUTHORITY.—The term ‘‘Authority’’ means 

19 the Pojoaque Basin Regional Water Authority de20 scribed in section 9.5 of the Settlement Agreement 

21 or an alternate entity acceptable to the Pueblos and 

22 the County to operate and maintain the diversion 

23 and treatment facilities, certain transmission pipe24 lines, and other facilities of the Regional Water Sys25 tem. 
190 

† HR 4783 EAS 

1 (4) CITY.—The term ‘‘City’’ means the city of 

2 Santa Fe, New Mexico. 

3 (5) COST-SHARING AND SYSTEM INTEGRATION

4 AGREEMENT.—The term ‘‘Cost-Sharing and System 

5 Integration Agreement’’ means the agreement, dated 

6 August 27, 2009, to be executed by the United 

7 States, the State, the Pueblos, the County, and the 

8 City that— 

9 (A) describes the location, capacity, and 

10 management (including the distribution of 

11 water to customers) of the Regional Water Sys12 tem; and 

13 (B) allocates the costs of the Regional 

14 Water System with respect to— 

15 (i) the construction, operation, main16 tenance, and repair of the Regional Water 

17 System; 

18 (ii) rights-of-way for the Regional 

19 Water System; and 

20 (iii) the acquisition of water rights. 

21 (6) COUNTY.—The term ‘‘County’’ means 

22 Santa Fe County, New Mexico. 

23 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

24 ‘‘County Distribution System’’ means the portion of 
191 

† HR 4783 EAS 

1 the Regional Water System that serves water cus2 tomers on non-Pueblo land in the Pojoaque Basin. 

3 (8) COUNTY WATER UTILITY.—The term 

4 ‘‘County Water Utility’’ means the water utility or5 ganized by the County to— 

6 (A) receive water distributed by the Au7 thority; and 

8 (B) provide the water received under sub9 paragraph (A) to customers on non-Pueblo land 

10 in the Pojoaque Basin. 

11 (9) ENGINEERING REPORT.—The term ‘‘Engi12 neering Report’’ means the report entitled 

13 ‘‘Pojoaque Regional Water System Engineering Re14 port’’ dated September 2008 and any amendments 

15 thereto, including any modifications which may be 

16 required by section 611(d)(2). 

17 (10) FUND.—The term ‘‘Fund’’ means the 

18 Aamodt Settlement Pueblos’ Fund established by 

19 section 615(a). 

20 (11) OPERATING AGREEMENT.—The term ‘‘Op21 erating Agreement’’ means the agreement between 

22 the Pueblos and the County executed under section 

23 612(a). 

24 (12) OPERATIONS, MAINTENANCE, AND RE25 PLACEMENT COSTS.— 
192 

† HR 4783 EAS 

1 (A) IN GENERAL.—The term ‘‘operations, 

2 maintenance, and replacement costs’’ means all 

3 costs for the operation of the Regional Water 

4 System that are necessary for the safe, effi5 cient, and continued functioning of the Regional 

6 Water System to produce the benefits described 

7 in the Settlement Agreement. 

8 (B) EXCLUSION.—The term ‘‘operations, 

9 maintenance, and replacement costs’’ does not 

10 include construction costs or costs related to 

11 construction design and planning. 

12 (13) POJOAQUE BASIN.— 

13 (A) IN GENERAL.—The term ‘‘Pojoaque 

14 Basin’’ means the geographic area limited by a 

15 surface water divide (which can be drawn on a 

16 topographic map), within which area rainfall 

17 and runoff flow into arroyos, drainages, and 

18 named tributaries that eventually drain to— 

19 (i) the Rio Pojoaque; or 

20 (ii) the 2 unnamed arroyos imme21 diately south; and 

22 (iii) 2 arroyos (including the Arroyo 

23 Alamo) that are north of the confluence of 

24 the Rio Pojoaque and the Rio Grande. 
193 

† HR 4783 EAS 

1 (B) INCLUSION.—The term ‘‘Pojoaque 

2 Basin’’ includes the San Ildefonso Eastern Res3 ervation recognized by section 8 of Public Law 

4 87–231 (75 Stat. 505). 

5 (14) PUEBLO.—The term ‘‘Pueblo’’ means each 

6 of the pueblos of Nambe, Pojoaque, San Ildefonso, 

7 or Tesuque. 

8 (15) PUEBLOS.—The term ‘‘Pueblos’’ means 

9 collectively the Pueblos of Nambe, Pojoaque, San 

10 Ildefonso, and Tesuque. 

11 (16) PUEBLO LAND.—The term ‘‘Pueblo land’’ 

12 means any real property that is— 

13 (A) held by the United States in trust for 

14 a Pueblo within the Pojoaque Basin; 

15 (B)(i) owned by a Pueblo within the 

16 Pojoaque Basin before the date on which a 

17 court approves the Settlement Agreement; or 

18 (ii) acquired by a Pueblo on or after the 

19 date on which a court approves the Settlement 

20 Agreement, if the real property is located— 

21 (I) within the exterior boundaries of 

22 the Pueblo, as recognized and conformed 

23 by a patent issued under the Act of De24 cember 22, 1858 (11 Stat. 374, chapter 

25 V); or 
194 

† HR 4783 EAS 

1 (II) within the exterior boundaries of 

2 any territory set aside for the Pueblo by 

3 law, executive order, or court decree; 

4 (C) owned by a Pueblo or held by the 

5 United States in trust for the benefit of a 

6 Pueblo outside the Pojoaque Basin that is lo7 cated within the exterior boundaries of the 

8 Pueblo as recognized and confirmed by a patent 

9 issued under the Act of December 22, 1858 (11 

10 Stat. 374, chapter V); or 

11 (D) within the exterior boundaries of any 

12 real property located outside the Pojoaque 

13 Basin set aside for a Pueblo by law, executive 

14 order, or court decree, if the land is within or 

15 contiguous to land held by the United States in 

16 trust for the Pueblo as of January 1, 2005. 

17 (17) PUEBLO WATER FACILITY.— 

18 (A) IN GENERAL.—The term ‘‘Pueblo 

19 Water Facility’’ means— 

20 (i) a portion of the Regional Water 

21 System that serves only water customers 

22 on Pueblo land; and 

23 (ii) portions of a Pueblo water system 

24 in existence on the date of enactment of 

25 this Act that serve water customers on 
195 

† HR 4783 EAS 

1 non-Pueblo land, also in existence on the 

2 date of enactment of this Act, or their suc3 cessors, that are— 

4 (I) depicted in the final project 

5 design, as modified by the drawings 

6 reflecting the completed Regional 

7 Water System; and 

8 (II) described in the Operating 

9 Agreement. 

10 (B) INCLUSIONS.—The term ‘‘Pueblo 

11 Water Facility’’ includes— 

12 (i) the barrier dam and infiltration 

13 project on the Rio Pojoaque described in 

14 the Engineering Report; and 

15 (ii) the Tesuque Pueblo infiltration 

16 pond described in the Engineering Report. 

17 (18) REGIONAL WATER SYSTEM.— 

18 (A) IN GENERAL.—The term ‘‘Regional 

19 Water System’’ means the Regional Water Sys20 tem described in section 611(a). 

21 (B) EXCLUSIONS.—The term ‘‘Regional 

22 Water System’’ does not include the County or 

23 Pueblo water supply delivered through the Re24 gional Water System. 
196 

† HR 4783 EAS 

1 (19) SAN JUAN-CHAMA PROJECT.—The term 

2 ‘‘San Juan-Chama Project’’ means the Project au3 thorized by section 8 of the Act of June 13, 1962 

4 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 

5 Stat. 105). 

6 (20) SAN JUAN-CHAMA PROJECT ACT.—The 

7 term ‘‘San Juan-Chama Project Act’’ means sections 

8 8 through 18 of the Act of June 13, 1962 (76 Stat. 

9 96, 97). 

10 (21) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of the Interior. 

12 (22) SETTLEMENT AGREEMENT.—The term 

13 ‘‘Settlement Agreement’’ means the agreement 

14 among the State, the Pueblos, the United States, the 

15 County, and the City dated January 19, 2006, and 

16 signed by all of the government parties to the Settle17 ment Agreement (other than the United States) on 

18 May 3, 2006, as amended in conformity with this 

19 title. 

20 (23) STATE.—The term ‘‘State’’ means the 

21 State of New Mexico. 
197 

† HR 4783 EAS 

1 Subtitle A—Pojoaque Basin 

2 Regional Water System 

3 SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

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

5 Commissioner of Reclamation, shall plan, design, and con6 struct a regional water system in accordance with the Set7 tlement Agreement, to be known as the ‘‘Regional Water 

8 System’’— 

9 (1) to divert and distribute water to the Pueb10 los and to the County Water Utility, in accordance 

11 with the Engineering Report; and 

12 (2) that consists of— 

13 (A) surface water diversion facilities at 

14 San Ildefonso Pueblo on the Rio Grande; and 

15 (B) any treatment, transmission, storage 

16 and distribution facilities and wellfields for the 

17 County Distribution System and Pueblo Water 

18 Facilities that are necessary to supply 4,000 

19 acre-feet of water within the Pojoaque Basin, 

20 unless modified in accordance with subsection 

21 (d)(2). 

22 (b) FINAL PROJECT DESIGN.—The Secretary shall 

23 issue a final project design within 90 days of completion 

24 of the environmental compliance described in section 616 

25 for the Regional Water System that— 
198 

† HR 4783 EAS 

1 (1) is consistent with the Engineering Report; 

2 and 

3 (2) includes a description of any Pueblo Water 

4 Facilities. 

5 (c) ACQUISITION OF LAND; WATER RIGHTS.— 

6 (1) ACQUISITION OF LAND.—Upon request, and 

7 in exchange for the funding which shall be provided 

8 in section 617(c), the Pueblos shall consent to the 

9 grant of such easements and rights-of-way as may 

10 be necessary for the construction of the Regional 

11 Water System at no cost to the Secretary. To the 

12 extent that the State or County own easements or 

13 rights-of-way that may be used for construction of 

14 the Regional Water System, the State or County 

15 shall provide that land or interest in land as nec16 essary for construction at no cost to the Secretary. 

17 The Secretary shall acquire any other land or inter18 est in land that is necessary for the construction of 

19 the Regional Water System. 

20 (2) WATER RIGHTS.—The Secretary shall not 

21 condemn water rights for purposes of the Regional 

22 Water System. 

23 (d) CONDITIONS FOR CONSTRUCTION.— 
199 

† HR 4783 EAS 

1 (1) IN GENERAL.—The Secretary shall not 

2 begin construction of the Regional Water System fa3 cilities until the date on which— 

4 (A) the Secretary executes— 

5 (i) the Settlement Agreement; and 

6 (ii) the Cost-Sharing and System In7 tegration Agreement; and 

8 (B) the State and the County have entered 

9 into an agreement with the Secretary to con10 tribute the non-Federal share of the costs of the 

11 construction in accordance with the Cost-Shar12 ing and System Integration Agreement. 

13 (2) MODIFICATIONS TO REGIONAL WATER SYS14 TEM.— 

15 (A) IN GENERAL.—The State and the 

16 County, in agreement with the Pueblos, the 

17 City, and other signatories to the Cost-Sharing 

18 and System Integration Agreement, may modify 

19 the extent, size, and capacity of the County 

20 Distribution System as set forth in the Cost21 Sharing and System Integration Agreement. 

22 (B) EFFECT.—A modification under sub23 paragraph (A)— 
200 

† HR 4783 EAS 

1 (i) shall not affect implementation of 

2 the Settlement Agreement so long as the 

3 provisions in section 623 are satisfied; and 

4 (ii) may result in an adjustment of 

5 the State and County cost-share allocation 

6 as set forth in the Cost-Sharing and Sys7 tem Integration Agreement. 

8 (e) APPLICABLE LAW.—The Indian Self-Determina9 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 

10 shall not apply to the design and construction of the Re11 gional Water System. 

12 (f) CONSTRUCTION COSTS.— 

13 (1) PUEBLO WATER FACILITIES.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the expenditures of the Sec16 retary to construct the Pueblo Water Facilities 

17 under this section shall not exceed 

18 $106,400,000. 

19 (B) EXCEPTION.—The amount described 

20 in subparagraph (A) shall be increased or de21 creased, as appropriate, based on ordinary fluc22 tuations in construction costs since October 1, 

23 2006, as determined using applicable engineer24 ing cost indices. 
201 

† HR 4783 EAS 

1 (2) COSTS TO PUEBLO.—The costs incurred by 

2 the Secretary in carrying out activities to construct 

3 the Pueblo Water Facilities under this section shall 

4 not be reimbursable to the United States. 

5 (3) COUNTY DISTRIBUTION SYSTEM.—As a con6 dition of the Secretary using the funds made avail7 able pursuant to section 617(a)(1), the costs of con8 structing the County Distribution System shall be a 

9 State and local expense pursuant to the Cost-Shar10 ing and System Integration Agreement. 

11 (g) INITIATION OF DISCUSSIONS.— 

12 (1) IN GENERAL.—If the Secretary determines 

13 that the cost of constructing the Regional Water 

14 System exceed the amounts described in the Cost15 Sharing and System Integration Agreement for con16 struction of the Regional Water System and would 

17 necessitate funds in excess of the amount made 

18 available pursuant to section 617(a)(1), the Sec19 retary shall initiate negotiations with the parties to 

20 the Cost-Sharing and System Integration Agreement 

21 for an agreement regarding non-Federal contribu22 tions to ensure that the Regional Water System can 

23 be completed as required by section 623(e). 

24 (2) JOINT RESPONSIBILITIES.—The United 

25 States shall not bear the entire amount of any cost 
202 

† HR 4783 EAS 

1 overrun, nor shall the State be responsible to pay 

2 any amounts in addition to the amounts specified in 

3 the Cost-Sharing and System Integration Agree4 ment. 

5 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA6 CILITIES.— 

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

8 completion of the construction of the Regional Water 

9 System as defined in section 623(e), the Secretary, 

10 in accordance with the Operating Agreement, shall 

11 convey to— 

12 (A) each Pueblo the portion of any Pueblo 

13 Water Facility that is located within the bound14 aries of the Pueblo, including any land or inter15 est in land located within the boundaries of the 

16 Pueblo that is acquired by the United States 

17 for the construction of the Pueblo Water Facil18 ity; 

19 (B) the County the County Distribution 

20 System, including any land or interest in land 

21 acquired by the United States for the construc22 tion of the County Distribution System; and 

23 (C) the Authority any portions of the Re24 gional Water System that remain after making 

25 the conveyances under subparagraphs (A) and 
203 

† HR 4783 EAS 

1 (B), including any land or interest in land ac2 quired by the United States for the construc3 tion of the portions of the Regional Water Sys4 tem. 

5 (2) CONDITIONS FOR CONVEYANCE.—The Sec6 retary shall not convey any portion of the Regional 

7 Water System facilities under paragraph (1) until 

8 the date on which— 

9 (A) construction of the Regional Water 

10 System is substantially complete, as defined in 

11 section 623(e); and 

12 (B) the Operating Agreement is executed 

13 in accordance with section 612. 

14 (3) SUBSEQUENT CONVEYANCE.—On convey15 ance by the Secretary under paragraph (1), the 

16 Pueblos, the County, and the Authority shall not re17 convey any portion of the Regional Water System 

18 conveyed to the Pueblos, the County, and the Au19 thority, respectively, unless the reconveyance is au20 thorized by an Act of Congress enacted after the 

21 date of enactment of this Act. 

22 (4) INTEREST OF THE UNITED STATES.—On 

23 conveyance of a portion of the Regional Water Sys24 tem under paragraph (1), the United States shall 
204 

† HR 4783 EAS 

1 have no further right, title, or interest in and to the 

2 portion of the Regional Water System conveyed. 

3 (5) ADDITIONAL CONSTRUCTION.—On convey4 ance of a portion of the Regional Water System 

5 under paragraph (1), the Pueblos, County, or the 

6 Authority, as applicable, may, at the expense of the 

7 Pueblos, County, or the Authority, construct any ad8 ditional infrastructure that is necessary to fully use 

9 the water delivered by the Regional Water System. 

10 (6) TAXATION.—Conveyance of title to any por11 tion of the Regional Water System, the Pueblo 

12 Water Facilities, or the County Distribution System 

13 under paragraph (1) does not waive or alter any ap14 plicable Federal law prohibiting taxation of such fa15 cilities or the underlying land. 

16 (7) LIABILITY.— 

17 (A) IN GENERAL.—Effective on the date of 

18 conveyance of any land or facility under this 

19 section, the United States shall not be held lia20 ble by any court for damages of any kind aris21 ing out of any act, omission, or occurrence re22 lating to the land and facilities conveyed, other 

23 than damages caused by acts of negligence by 

24 the United States, or by employees or agents of 
205 

† HR 4783 EAS 

1 the United States, prior to the date of convey2 ance. 

3 (B) TORT CLAIMS.—Nothing in this sec4 tion increases the liability of the United States 

5 beyond the liability provided in chapter 171 of 

6 title 28, United States Code (commonly known 

7 as the ‘‘Federal Tort Claims Act’’). 

8 (8) EFFECT.—Nothing in any transfer of own9 ership provided or any conveyance thereto as pro10 vided in this section shall extinguish the right of any 

11 Pueblo, the County, or the Regional Water Author12 ity to the continuous use and benefit of each ease13 ment or right of way for the use, operation, mainte14 nance, repair, and replacement of Pueblo Water Fa15 cilities, the County Distribution System or the Re16 gional Water System or for wastewater purposes as 

17 provided in the Cost-Sharing and System Integra18 tion Agreement. 

19 SEC. 612. OPERATING AGREEMENT. 

20 (a) IN GENERAL.—The Pueblos and the County shall 

21 submit to the Secretary an executed Operating Agreement 

22 for the Regional Water System that is consistent with this 

23 title, the Settlement Agreement, and the Cost-Sharing and 

24 System Integration Agreement not later than 180 days 

25 after the later of— 
206 

† HR 4783 EAS 

1 (1) the date of completion of environmental 

2 compliance and permitting; or 

3 (2) the date of issuance of a final project design 

4 for the Regional Water System under section 

5 611(b). 

6 (b) APPROVAL.—The Secretary shall approve or dis7 approve the Operating Agreement within a reasonable pe8 riod of time after the Pueblos and the County submit the 

9 Operating Agreement described in subsection (a) and 

10 upon making a determination that the Operating Agree11 ment is consistent with this title, the Settlement Agree12 ment, and the Cost-Sharing and System Integration 

13 Agreement. 

14 (c) CONTENTS.—The Operating Agreement shall in15 clude— 

16 (1) provisions consistent with the Settlement 

17 Agreement and the Cost-Sharing and System Inte18 gration Agreement and necessary to implement the 

19 intended benefits of the Regional Water System de20 scribed in those documents; 

21 (2) provisions for— 

22 (A) the distribution of water conveyed 

23 through the Regional Water System, including 

24 a delineation of— 
207 

† HR 4783 EAS 

1 (i) distribution lines for the County 

2 Distribution System; 

3 (ii) distribution lines for the Pueblo 

4 Water Facilities; and 

5 (iii) distribution lines that serve 

6 both— 

7 (I) the County Distribution Sys8 tem; and 

9 (II) the Pueblo Water Facilities; 

10 (B) the allocation of the Regional Water 

11 System capacity; 

12 (C) the terms of use of unused water ca13 pacity in the Regional Water System; 

14 (D) terms of interim use of County unused 

15 capacity, in accordance with section 614(d); 

16 (E) the construction of additional infra17 structure and the acquisition of associated 

18 rights-of-way or easements necessary to enable 

19 any of the Pueblos or the County to fully use 

20 water allocated to the Pueblos or the County 

21 from the Regional Water System, including pro22 visions addressing when the construction of 

23 such additional infrastructure requires approval 

24 by the Authority; 
208 

† HR 4783 EAS 

1 (F) the allocation and payment of annual 

2 operation, maintenance, and replacement costs 

3 for the Regional Water System, including the 

4 portions of the Regional Water System that are 

5 used to treat, transmit, and distribute water to 

6 both the Pueblo Water Facilities and the Coun7 ty Water Utility; 

8 (G) the operation of wellfields located on 

9 Pueblo land; 

10 (H) the transfer of any water rights nec11 essary to provide the Pueblo water supply de12 scribed in section 613(a); 

13 (I) the operation of the Regional Water 

14 System with respect to the water supply, includ15 ing the allocation of the water supply in accord16 ance with section 3.1.8.4.2 of the Settlement 

17 Agreement so that, in the event of a shortage 

18 of supply to the Regional Water System, the 

19 supply to each of the Pueblos’ and to the Coun20 ty’s distribution system shall be reduced on a 

21 pro rata basis, in proportion to each distribu22 tion system’s most current annual use; and 

23 (J) dispute resolution; and 

24 (3) provisions for operating and maintaining 

25 the Regional Water System facilities before and 
209 

† HR 4783 EAS 

1 after conveyance under section 611(h), including 

2 provisions to— 

3 (A) ensure that— 

4 (i) the operation of, and the diversion 

5 and conveyance of water by, the Regional 

6 Water System is in accordance with the 

7 Settlement Agreement; 

8 (ii) the wells in the Regional Water 

9 System are used in conjunction with the 

10 surface water supply of the Regional 

11 Water System to ensure a reliable firm 

12 supply of water to all users of the Regional 

13 Water System, consistent with the intent 

14 of the Settlement Agreement that surface 

15 supplies will be used to the maximum ex16 tent feasible; 

17 (iii) the respective obligations regard18 ing delivery, payment, operation, and man19 agement are enforceable; and 

20 (iv) the County has the right to serve 

21 any new water users located on non-Pueblo 

22 land in the Pojoaque Basin; and 

23 (B) allow for any aquifer storage and re24 covery projects that are approved by the Office 

25 of the New Mexico State Engineer. 
210 

† HR 4783 EAS 

1 (d) EFFECT.—Nothing in this title precludes the Op2 erating Agreement from authorizing phased or interim op3 erations if the Regional Water System is constructed in 

4 phases. 

5 SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

6 REGIONAL WATER SYSTEM. 

7 (a) IN GENERAL.—For the purpose of providing a 

8 reliable firm supply of water from the Regional Water Sys9 tem for the Pueblos in accordance with the Settlement 

10 Agreement, the Secretary, on behalf of the Pueblos, 

11 shall— 

12 (1) acquire water rights to— 

13 (A) 302 acre-feet of Nambe reserved water 

14 described in section 2.6.2 of the Settlement 

15 Agreement; and 

16 (B) 1141 acre-feet from water acquired by 

17 the County for water rights commonly referred 

18 to as ‘‘Top of the World’’ rights in the Aamodt 

19 Case; 

20 (2) enter into a contract with the Pueblos for 

21 1,079 acre-feet in accordance with section 11 of the 

22 San Juan-Chama Project Act; and 

23 (3) by application to the State Engineer, seek 

24 approval to divert the water acquired and made 

25 available under paragraphs (1) and (2) at the points 
211 

† HR 4783 EAS 

1 of diversion for the Regional Water System, con2 sistent with the Settlement Agreement and the Cost3 Sharing and System Integration Agreement. 

4 (b) FORFEITURE.—The nonuse of the water supply 

5 secured by the Secretary for the Pueblos under subsection 

6 (a) shall in no event result in forfeiture, abandonment, re7 linquishment, or other loss thereof. 

8 (c) TRUST.—The Pueblo water rights secured under 

9 subsection (a) shall be held by the United States in trust 

10 for the Pueblos. 

11 (d) APPLICABLE LAW.—The water supply made 

12 available pursuant to subsection (a)(2) shall be subject to 

13 the San Juan-Chama Project Act, and no preference shall 

14 be provided to the Pueblos as a result of subsection (c) 

15 with regard to the delivery or distribution of San Juan16 Chama Project water or the management or operation of 

17 the San Juan-Chama Project. 

18 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

19 WATER SUPPLY.—With respect to the contract for the 

20 water supply required by subsection (a)(2), such San 

21 Juan-Chama Project contract shall be pursuant to the fol22 lowing terms: 

23 (1) WAIVERS.—Notwithstanding the provisions 

24 of the San Juan-Chama Project Act, or any other 

25 provision of law— 
212 

† HR 4783 EAS 

1 (A) the Secretary shall waive the entirety 

2 of the Pueblos’ share of the construction costs 

3 for the San Juan-Chama Project, and pursuant 

4 to that waiver, the Pueblos’ share of all con5 struction costs for the San Juan-Chama 

6 Project, inclusive of both principal and interest, 

7 due from 1972 to the execution of the contract 

8 required by subsection (a)(2), shall be nonreim9 bursable; 

10 (B) the Secretary’s waiver of each Pueblo’s 

11 share of the construction costs for the San 

12 Juan-Chama Project will not result in an in13 crease in the pro rata shares of other San 

14 Juan-Chama Project water contractors, but 

15 such costs shall be absorbed by the United 

16 States Treasury or otherwise appropriated to 

17 the Department of the Interior; and 

18 (C) the construction costs associated with 

19 any water made available from the San Juan20 Chama Project which were determined nonreim21 bursable and nonreturnable pursuant to Public 

22 Law No. 88–293, 78 Stat. 171 (March 26, 

23 1964), shall remain nonreimbursable and non24 returnable. 
213 

† HR 4783 EAS 

1 (2) TERMINATION.—The contract shall provide 

2 that it shall terminate only on— 

3 (A) failure of the United States District 

4 Court for the District of New Mexico to enter 

5 a final decree for the Aamodt Case by the expi6 ration date described in section 623(b), or with7 in the time period of any extension of that 

8 deadline granted by the court; or 

9 (B) entry of an order by the United States 

10 District Court for the District of New Mexico 

11 voiding the final decree and Settlement Agree12 ment for the Aamodt Case pursuant to section 

13 10.3 of the Settlement Agreement. 

14 (f) LIMITATION.—The Secretary shall use the water 

15 supply secured under subsection (a) only for the purposes 

16 described in the Settlement Agreement. 

17 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

18 OBLIGATIONS.—Compliance with subsections (a) through 

19 (f) shall satisfy any and all obligations of the Secretary 

20 to acquire or secure a water supply for the Pueblos pursu21 ant to the Settlement Agreement. 

22 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE23 MENT UNAFFECTED.—Notwithstanding the provisions of 

24 subsections (a) through (g), the Pueblos, the County or 

25 the Regional Water Authority may acquire any additional 
214 

† HR 4783 EAS 

1 water rights to ensure all parties to the Settlement Agree2 ment receive the full allocation of water provided by the 

3 Settlement Agreement and nothing in this title amends or 

4 modifies the quantities of water allocated to the Pueblos 

5 thereunder. 

6 SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL 

7 WATER SYSTEM CAPACITY AND WATER. 

8 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA9 PACITY.— 

10 (1) IN GENERAL.—The Regional Water System 

11 shall have the capacity to divert from the Rio 

12 Grande a quantity of water sufficient to provide— 

13 (A) up to 4,000 acre-feet of consumptive 

14 use of water; and 

15 (B) the requisite peaking capacity de16 scribed in— 

17 (i) the Engineering Report; and 

18 (ii) the final project design. 

19 (2) ALLOCATION TO THE PUEBLOS AND COUN20 TY WATER UTILITY.—Of the capacity described in 

21 paragraph (1)— 

22 (A) there shall be allocated to the Pueb23 los— 
215 

† HR 4783 EAS 

1 (i) sufficient capacity for the convey2 ance of 2,500 acre-feet consumptive use; 

3 and 

4 (ii) the requisite peaking capacity for 

5 the quantity of water described in clause 

6 (i); and 

7 (B) there shall be allocated to the County 

8 Water Utility— 

9 (i) sufficient capacity for the convey10 ance of up to 1,500 acre-feet consumptive 

11 use; and 

12 (ii) the requisite peaking capacity for 

13 the quantity of water described in clause 

14 (i). 

15 (3) APPLICABLE LAW.—Water shall be allo16 cated to the Pueblos and the County Water Utility 

17 under this subsection in accordance with— 

18 (A) this subtitle; 

19 (B) the Settlement Agreement; and 

20 (C) the Operating Agreement. 

21 (b) DELIVERY OF REGIONAL WATER SYSTEM

22 WATER.—The Authority shall deliver water from the Re23 gional Water System— 

24 (1) to the Pueblos water in a quantity sufficient 

25 to allow full consumptive use of up to 2,500 acre- 
216 

† HR 4783 EAS 

1 feet per year of water rights by the Pueblos in ac2 cordance with— 

3 (A) the Settlement Agreement; 

4 (B) the Operating Agreement; and 

5 (C) this subtitle; and 

6 (2) to the County water in a quantity sufficient 

7 to allow full consumptive use of up to 1,500 acre8 feet per year of water rights by the County Water 

9 Utility in accordance with— 

10 (A) the Settlement Agreement; 

11 (B) the Operating Agreement; and 

12 (C) this subtitle. 

13 (c) ADDITIONAL USE OF ALLOCATION QUANTITY

14 AND UNUSED CAPACITY.—The Regional Water System 

15 may be used to— 

16 (1) provide for use of return flow credits to 

17 allow for full consumptive use of the water allocated 

18 in the Settlement Agreement to each of the Pueblos 

19 and to the County; and 

20 (2) convey water allocated to one of the Pueblos 

21 or the County Water Utility for the benefit of an22 other Pueblo or the County Water Utility or allow 

23 use of unused capacity by each other through the 

24 Regional Water System in accordance with an inter25 governmental agreement between the Pueblos, or be-
217 

† HR 4783 EAS 

1 tween a Pueblo and County Water Utility, as appli2 cable, if— 

3 (A) such intergovernmental agreements are 

4 consistent with the Operating Agreement, the 

5 Settlement Agreement, and this title; 

6 (B) capacity is available without reducing 

7 water delivery to any Pueblo or the County 

8 Water Utility in accordance with the Settlement 

9 Agreement, unless the County Water Utility or 

10 Pueblo contracts for a reduction in water deliv11 ery or Regional Water System capacity; 

12 (C) the Pueblo or County Water Utility 

13 contracting for use of the unused capacity or 

14 water has the right to use the water under ap15 plicable law; and 

16 (D) any agreement for the use of unused 

17 capacity or water provides for payment of the 

18 operation, maintenance, and replacement costs 

19 associated with the use of capacity or water. 

20 (d) INTERIM USE OF COUNTY CAPACITY.—In accord21 ance with section 9.6.4 of the Settlement Agreement, the 

22 County may use unused capacity and water rights of the 

23 County Water Utility to supply water within the County 

24 outside of the Pojoaque Basin— 
218 

† HR 4783 EAS 

1 (1) on approval by the State and the Authority; 

2 and 

3 (2) subject to the issuance of a permit by the 

4 New Mexico State Engineer. 

5 SEC. 615. AAMODT SETTLEMENT PUEBLOS’ FUND. 

6 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

7 PUEBLOS’ FUND.—There is established in the Treasury 

8 of the United States a fund, to be known as the ‘‘Aamodt 

9 Settlement Pueblos’ Fund,’’ consisting of— 

10 (1) such amounts as are made available to the 

11 Fund under section 617(c) or other authorized 

12 sources; and 

13 (2) any interest earned from investment of 

14 amounts in the Fund under subsection (b). 

15 (b) MANAGEMENT OF THE FUND.—The Secretary 

16 shall manage the Fund, invest amounts in the Fund, and 

17 make amounts available from the Fund for distribution 

18 to the Pueblos in accordance with— 

19 (1) the American Indian Trust Fund Manage20 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

21 and 

22 (2) this title. 

23 (c) INVESTMENT OF THE FUND.—On the date on 

24 which the waivers become effective as set forth in section 
219 

† HR 4783 EAS 

1 623(d), the Secretary shall invest amounts in the Fund 

2 in accordance with— 

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

4 (2) the first section of the Act of June 24, 

5 1938 (25 U.S.C. 162a); and 

6 (3) the American Indian Trust Fund Manage7 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

8 (d) TRIBAL MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—A Pueblo may withdraw all 

10 or part of the Pueblo’s portion of the Fund on ap11 proval by the Secretary of a tribal management plan 

12 as described in the American Indian Trust Fund 

13 Management Reform Act of 1994 (25 U.S.C. 4001 

14 et seq.). 

15 (2) REQUIREMENTS.—In addition to the re16 quirements under the American Indian Trust Fund 

17 Management Reform Act of 1994 (25 U.S.C. 4001 

18 et seq.), the tribal management plan shall require 

19 that a Pueblo spend any amounts withdrawn from 

20 the Fund in accordance with the purposes described 

21 in section 617(c). 

22 (3) ENFORCEMENT.—The Secretary may take 

23 judicial or administrative action to enforce the provi24 sions of any tribal management plan to ensure that 

25 any amounts withdrawn from the Fund under an 
220 

† HR 4783 EAS 

1 approved tribal management plan are used in ac2 cordance with this subtitle. 

3 (4) LIABILITY.—If a Pueblo or the Pueblos ex4 ercise the right to withdraw amounts from the 

5 Fund, neither the Secretary nor the Secretary of the 

6 Treasury shall retain any liability for the expendi7 ture or investment of the amounts withdrawn. 

8 (5) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Pueblos shall sub10 mit to the Secretary for approval an expendi11 ture plan for any portion of the amounts in the 

12 Fund that the Pueblos do not withdraw under 

13 this subsection. 

14 (B) DESCRIPTION.—The expenditure plan 

15 shall describe the manner in which, and the 

16 purposes for which, amounts remaining in the 

17 Fund will be used. 

18 (C) APPROVAL.—On receipt of an expendi19 ture plan under subparagraph (A), the Sec20 retary shall approve the plan if the Secretary 

21 determines that the plan is reasonable and con22 sistent with this title, the Settlement Agree23 ment, and the Cost-Sharing and System Inte24 gration Agreement. 
221 

† HR 4783 EAS 

1 (D) ANNUAL REPORT.—The Pueblos shall 

2 submit to the Secretary an annual report that 

3 describes all expenditures from the Fund during 

4 the year covered by the report. 

5 (6) NO PER CAPITA PAYMENTS.—No part of 

6 the principal of the Fund, or the interest or income 

7 accruing on the principal shall be distributed to any 

8 member of a Pueblo on a per capita basis. 

9 (7) AVAILABILITY OF AMOUNTS FROM THE

10 FUND.— 

11 (A) APPROVAL OF SETTLEMENT AGREE12 MENT.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), amounts made available 

15 under section 617(c)(1), or from other au16 thorized sources, shall be available for ex17 penditure or withdrawal only after the pub18 lication of the statement of findings re19 quired by section 623(a)(1). 

20 (ii) EXCEPTION.—Notwithstanding 

21 clause (i), the amounts described in that 

22 clause may be expended before the date of 

23 publication of the statement of findings 

24 under section 623(a)(1) for any activity 

25 that is more cost-effective when imple-
222 

† HR 4783 EAS 

1 mented in conjunction with the construc2 tion of the Regional Water System, as de3 termined by the Secretary. 

4 (B) COMPLETION OF CERTAIN PORTIONS

5 OF REGIONAL WATER SYSTEM.—Amounts made 

6 available under section 617(c)(1) or from other 

7 authorized sources shall be available for expend8 iture or withdrawal only after those portions of 

9 the Regional Water System described in section 

10 1.5.24 of the Settlement Agreement have been 

11 declared substantially complete by the Sec12 retary. 

13 SEC. 616. ENVIRONMENTAL COMPLIANCE. 

14 (a) IN GENERAL.—In carrying out this subtitle, the 

15 Secretary shall comply with each law of the Federal Gov16 ernment relating to the protection of the environment, in17 cluding— 

18 (1) the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); and 

20 (2) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.). 

22 (b) NATIONAL ENVIRONMENTAL POLICY ACT.— 

23 Nothing in this title affects the outcome of any analysis 

24 conducted by the Secretary or any other Federal official 
223 

† HR 4783 EAS 

1 under the National Environmental Policy Act of 1969 (42 

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

3 SEC. 617. FUNDING. 

4 (a) REGIONAL WATER SYSTEM.— 

5 (1) FUNDING.— 

6 (A) MANDATORY APPROPRIATION.—Sub7 ject to paragraph (5), out of any funds in the 

8 Treasury not otherwise appropriated, the Sec9 retary of the Treasury shall transfer to the Sec10 retary for the planning, design, and construc11 tion of the Regional Water System and the con12 duct of environmental compliance activities 

13 under section 616 an amount not to exceed 

14 $56,400,000, as adjusted under paragraph (4), 

15 for the period of fiscal years 2011 through 

16 2016, to remain available until expended. 

17 (B) AUTHORIZATION OF APPROPRIA18 TIONS.—In addition to the amount made avail19 able under subparagraph (A), there is author20 ized to be appropriated to the Secretary for the 

21 planning, design, and construction of the Re22 gional Water System and the conduct of envi23 ronmental compliance activities under section 

24 616 $50,000,000, as adjusted under paragraph 
224 

† HR 4783 EAS 

1 (4), for the period of fiscal years 2011 through 

2 2024. 

3 (2) RECEIPT AND ACCEPTANCE.—The Sec4 retary shall be entitled to receive, shall accept, and 

5 shall use to carry out this title the funds transferred 

6 under paragraph (1)(A), without further appropria7 tion, to remain available until expended. 

8 (3) PRIORITY OF FUNDING.—Of the amounts 

9 made available under paragraph (1), the Secretary 

10 shall give priority to funding— 

11 (A) the construction of the San Ildefonso 

12 portion of the Regional Water System, con13 sisting of— 

14 (i) the surface water diversion, treat15 ment, and transmission facilities at San 

16 Ildefonso Pueblo; and 

17 (ii) the San Ildefonso Pueblo portion 

18 of the Pueblo Water Facilities; and 

19 (B) that part of the Regional Water Sys20 tem providing 475 acre-feet to Pojoaque Pueblo 

21 pursuant to section 2.2 of the Settlement 

22 Agreement. 

23 (4) ADJUSTMENT.—The amounts made avail24 able under paragraph (1) shall be adjusted annually 

25 to account for increases in construction costs since 
225 

† HR 4783 EAS 

1 October 1, 2006, as determined using applicable en2 gineering cost indices. 

3 (5) LIMITATIONS.— 

4 (A) IN GENERAL.—No amounts shall be 

5 made available under paragraph (1) for the 

6 construction of the Regional Water System 

7 until the date on which the United States Dis8 trict Court for the District of New Mexico 

9 issues an order approving the Settlement Agree10 ment. 

11 (B) RECORD OF DECISION.—No amounts 

12 made available under paragraph (1) shall be ex13 pended for construction unless the record of de14 cision issued by the Secretary after completion 

15 of an environmental impact statement provides 

16 for a preferred alternative that is in substantial 

17 compliance with the proposed Regional Water 

18 System, as defined in the Engineering Report. 

19 (b) ACQUISITION OF WATER RIGHTS.— 

20 (1) IN GENERAL.—Out of any funds in the 

21 Treasury not otherwise appropriated, the Secretary 

22 of the Treasury shall transfer to the Secretary for 

23 the acquisition of the water rights under section 

24 613(a)(1)(B) $5,400,000. 
226 

† HR 4783 EAS 

1 (2) RECEIPT AND ACCEPTANCE.—The Sec2 retary shall be entitled to receive, shall accept, and 

3 shall use to carry out this title the funds transferred 

4 under paragraph (1), without further appropriation, 

5 to remain available until expended. 

6 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

7 (1) FUNDING.— 

8 (A) MANDATORY APPROPRIATIONS.—Out 

9 of any funds in the Treasury not otherwise ap10 propriated, the Secretary of the Treasury shall 

11 transfer to the Secretary the following amounts 

12 for the period of fiscal years 2011 through 

13 2015: 

14 (i) $15,000,000, as adjusted accord15 ing to the CPI Urban Index beginning on 

16 October 1, 2006, which shall be allocated 

17 to the Pueblos, in accordance with section 

18 2.7.1 of the Settlement Agreement, for the 

19 rehabilitation, improvement, operation, 

20 maintenance, and replacement of the agri21 cultural delivery facilities, waste water sys22 tems, and other water-related infrastruc23 ture of the applicable Pueblo. 

24 (ii) $5,000,000, as adjusted according 

25 to the CPI Urban Index beginning on Jan-
227 

† HR 4783 EAS 

1 uary 1, 2011, and any interest on that 

2 amount, which shall be allocated to the 

3 Pueblo of Nambe only for the acquisition 

4 land, other real property interests, or eco5 nomic development for the Nambe reserved 

6 water rights in accordance with section 

7 613(a)(1)(A). 

8 (B) AUTHORIZATION OF APPROPRIA9 TIONS.—In addition to the amounts made avail10 able under clauses (i) and (ii) of subparagraph 

11 (A), respectively, there are authorized to be ap12 propriated to the Secretary for the period of fis13 cal years 2011 through 2024, $37,500,000 to 

14 assist the Pueblos in paying the Pueblos’ share 

15 of the cost of operating, maintaining, and re16 placing the Pueblo Water Facilities and the Re17 gional Water System. 

18 (2) OPERATION, MAINTENANCE, AND REPLACE19 MENT COSTS.— 

20 (A) IN GENERAL.—Prior to conveyance of 

21 the Regional Water System pursuant to section 

22 611, the Secretary is authorized to and shall 

23 pay any operation, maintenance, and replace24 ment costs associated with the Pueblo Water 

25 Facilities or the Regional Water System, up to 
228 

† HR 4783 EAS 

1 the amount made available under subparagraph 

2 (B). 

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated 

5 to the Secretary to carry out subparagraph (A) 

6 $5,000,000. 

7 (C) OBLIGATION OF FEDERAL GOVERN8 MENT AFTER COMPLETION.—After the date on 

9 which construction of the Regional Water Sys10 tem is completed and the amounts required to 

11 be deposited in the Aamodt Settlement Pueblos’ 

12 Fund pursuant to paragraph (1) have been de13 posited by the Federal Government— 

14 (i) the Federal Government shall have 

15 no obligation to pay for the operation, 

16 maintenance, and replacement costs associ17 ated with the Pueblo Water Facilities or 

18 the Regional Water System; and 

19 (ii) the authorization for the Secretary 

20 to expend funds for the operation, mainte21 nance, and replacement costs of those sys22 tems under subparagraph (A) shall expire. 

23 (3) RECEIPT AND ACCEPTANCE.—The Sec24 retary shall be entitled to receive, shall accept, and 

25 shall use to carry out this title the funds transferred 
229 

† HR 4783 EAS 

1 under paragraphs (1)(A), without further appropria2 tion, to remain available until expended or until the 

3 authorization for the Secretary to expend funds pur4 suant to paragraph (2) expires. 

5 Subtitle B—Pojoaque Basin Indian 

6 Water Rights Settlement 

7 SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT AP8 PROVAL. 

9 (a) APPROVAL.—To the extent the Settlement Agree10 ment and the Cost-Sharing and System Integration Agree11 ment do not conflict with this title, the Settlement Agree12 ment and the Cost-Sharing and System Integration Agree13 ment (including any amendments to the Settlement Agree14 ment and the Cost-Sharing and System Integration Agree15 ment that are executed to make the Settlement Agreement 

16 or the Cost-Sharing and System Integration Agreement 

17 consistent with this title) are authorized, ratified, and con18 firmed. 

19 (b) EXECUTION.—To the extent the Settlement 

20 Agreement and the Cost-Sharing and System Integration 

21 Agreement do not conflict with this title, the Secretary 

22 shall execute the Settlement Agreement and the Cost23 Sharing and System Integration Agreement (including 

24 any amendments that are necessary to make the Settle-
230 

† HR 4783 EAS 

1 ment Agreement or the Cost-Sharing and System Integra2 tion Agreement consistent with this title). 

3 (c) AUTHORITIES OF THE PUEBLOS.— 

4 (1) IN GENERAL.—Each of the Pueblos may 

5 enter into leases or contracts to exchange water 

6 rights or to forebear undertaking new or expanded 

7 water uses for water rights recognized in section 2.1 

8 of the Settlement Agreement for use within the 

9 Pojoaque Basin, in accordance with the other limita10 tions of section 2.1.5 of the Settlement Agreement, 

11 provided that section 2.1.5 is amended accordingly. 

12 (2) APPROVAL BY SECRETARY.—Consistent 

13 with the Settlement Agreement, the Secretary shall 

14 approve or disapprove a lease or contract entered 

15 into under paragraph (1). 

16 (3) PROHIBITION ON PERMANENT ALIEN17 ATION.—No lease or contract under paragraph (1) 

18 shall be for a term exceeding 99 years, nor shall any 

19 such lease or contract provide for permanent alien20 ation of any portion of the water rights made avail21 able to the Pueblos under the Settlement Agreement. 

22 (4) APPLICABLE LAW.—Section 2116 of the Re23 vised Statutes (25 U.S.C. 177) shall not apply to 

24 any lease or contract entered into under paragraph 

25 (1). 
231 

† HR 4783 EAS 

1 (5) LEASING OR MARKETING OF WATER SUP2 PLY.—The water supply provided on behalf of the 

3 Pueblos pursuant to section 613(a)(1) may only be 

4 leased or marketed by any of the Pueblos pursuant 

5 to the intergovernmental agreements described in 

6 section 614(c)(2). 

7 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

8 shall amend the contracts relating to the Nambe Falls 

9 Dam and Reservoir that are necessary to use water sup10 plied from the Nambe Falls Dam and Reservoir in accord11 ance with the Settlement Agreement. 

12 SEC. 622. ENVIRONMENTAL COMPLIANCE. 

13 (a) EFFECT OF EXECUTION OF SETTLEMENT

14 AGREEMENT.—The execution of the Settlement Agree15 ment under section 611(b) shall not constitute a major 

16 Federal action under the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.). 

18 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

19 carrying out this title, the Secretary shall comply with 

20 each law of the Federal Government relating to the protec21 tion of the environment, including— 

22 (1) the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

24 (2) the Endangered Species Act of 1973 (16 

25 U.S.C. 1531 et seq.). 
232 

† HR 4783 EAS 

1 SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT 

2 DATE. 

3 (a) CONDITIONS PRECEDENT.— 

4 (1) IN GENERAL.—Upon the fulfillment of the 

5 conditions precedent described in paragraph (2), the 

6 Secretary shall publish in the Federal Register by 

7 September 15, 2017, a statement of findings that 

8 the conditions have been fulfilled. 

9 (2) REQUIREMENTS.—The conditions precedent 

10 referred to in paragraph (1) are the conditions 

11 that— 

12 (A) to the extent that the Settlement 

13 Agreement conflicts with this subtitle, the Set14 tlement Agreement has been revised to conform 

15 with this subtitle; 

16 (B) the Settlement Agreement, so revised, 

17 including waivers and releases pursuant to sec18 tion 624, has been executed by the appropriate 

19 parties and the Secretary; 

20 (C) Congress has fully appropriated, or the 

21 Secretary has provided from other authorized 

22 sources, all funds authorized by section 617, 

23 with the exception of subsection (a)(1) of that 

24 section; 
233 

† HR 4783 EAS 

1 (D) the Secretary has acquired and en2 tered into appropriate contracts for the water 

3 rights described in section 613(a); 

4 (E) for purposes of section 613(a), permits 

5 have been issued by the New Mexico State En6 gineer to the Regional Water Authority to 

7 change the points of diversion to the mainstem 

8 of the Rio Grande for the diversion and con9 sumptive use of at least 2,381 acre-feet by the 

10 Pueblos as part of the water supply for the Re11 gional Water System, subject to the conditions 

12 that— 

13 (i) the permits shall be free of any 

14 condition that materially adversely affects 

15 the ability of the Pueblos or the Regional 

16 Water Authority to divert or use the Pueb17 lo water supply described in section 

18 613(a), including water rights acquired in 

19 addition to those described in section 

20 613(a), in accordance with section 613(g); 

21 and 

22 (ii) the Settlement Agreement shall 

23 establish the means to address any permit 

24 conditions to ensure the ability of the 

25 Pueblos to fully divert and consume at 
234 

† HR 4783 EAS 

1 least 2,381 acre-feet as part of the water 

2 supply for the Regional Water System, in3 cluding defining the conditions that will 

4 not constitute a material adverse affect; 

5 (F) the State has enacted any necessary 

6 legislation and provided any funding that may 

7 be required under the Settlement Agreement; 

8 (G) a partial final decree that sets forth 

9 the water rights and other rights to water to 

10 which the Pueblos are entitled under the Settle11 ment Agreement and this subtitle and that sub12 stantially conforms to the Settlement Agree13 ment has been approved by the United States 

14 District Court for the District of New Mexico; 

15 (H) a final decree that sets forth the water 

16 rights for all parties to the Aamodt Case and 

17 that substantially conforms to the Settlement 

18 Agreement has been approved by the United 

19 States District Court for the District of New 

20 Mexico; and 

21 (I) the waivers and releases described in 

22 section 624 have been executed. 

23 (b) EXPIRATION DATE.—If all the conditions prece24 dent described in subsection (a)(2) have not been fulfilled 

25 by September 15, 2017— 
235 

† HR 4783 EAS 

1 (1) the Settlement Agreement shall no longer 

2 be effective; 

3 (2) the waivers and releases described in the 

4 Settlement Agreement and section 624 shall not be 

5 effective; 

6 (3) any unexpended Federal funds appropriated 

7 or made available to carry out the activities author8 ized by this title, together with any interest earned 

9 on those funds, any water rights or contracts to use 

10 water, and title to other property acquired or con11 structed with Federal funds appropriated or made 

12 available to carry out the activities authorized by 

13 this title shall be returned to the Federal Govern14 ment, unless otherwise agreed to by the Pueblos and 

15 the United States and approved by Congress; and 

16 (4) except for Federal funds used to acquire or 

17 develop property that is returned to the Federal 

18 Government under paragraph (3), the United States 

19 shall be entitled to set off any Federal funds appro20 priated or made available to carry out the activities 

21 authorized by this title that were expended or with22 drawn, together with any interest accrued on those 

23 funds, against any claims against the United 

24 States— 
236 

† HR 4783 EAS 

1 (A) relating to water rights in the 

2 Pojoaque Basin asserted by any Pueblo that 

3 benefitted from the use of expended or with4 drawn Federal funds; or 

5 (B) in any future settlement of the 

6 Aamodt Case. 

7 (c) ENFORCEMENT DATE.—The Settlement Agree8 ment shall become enforceable beginning on the date on 

9 which the United States District Court for the District 

10 of New Mexico enters a partial final decree pursuant to 

11 subsection (a)(2)(G) and an Interim Administrative Order 

12 consistent with the Settlement Agreement. 

13 (d) EFFECTIVENESS OF WAIVERS.—The waivers and 

14 releases executed pursuant to section 624 shall become ef15 fective as of the date that the Secretary publishes the no16 tice required by subsection (a)(1). 

17 (e) REQUIREMENTS FOR DETERMINATION OF SUB18 STANTIAL COMPLETION OF THE REGIONAL WATER SYS19 TEM.— 

20 (1) CRITERIA FOR SUBSTANTIAL COMPLETION

21 OF REGIONAL WATER SYSTEM.—Subject to the pro22 visions in section 611(d) concerning the extent, size, 

23 and capacity of the County Distribution System, the 

24 Regional Water System shall be determined to be 
237 

† HR 4783 EAS 

1 substantially completed if the infrastructure has 

2 been constructed capable of— 

3 (A) diverting, treating, transmitting, and 

4 distributing a supply of 2,500 acre-feet of water 

5 to the Pueblos; and 

6 (B) diverting, treating, and transmitting 

7 the quantity of water specified in the Engineer8 ing Report to the County Distribution System. 

9 (2) CONSULTATION.—On or after June 30, 

10 2021, at the request of 1 or more of the Pueblos, 

11 the Secretary shall consult with the Pueblos and 

12 confer with the County and the State on whether the 

13 criteria in paragraph (1) for substantial completion 

14 of the Regional Water System have been met or will 

15 be met by June 30, 2024. 

16 (3) WRITTEN DETERMINATION BY SEC17 RETARY.—Not earlier than June 30, 2021, at the 

18 request of 1 or more of the Pueblos and after the 

19 consultation required by paragraph (2), the Sec20 retary shall— 

21 (A) determine whether the Regional Water 

22 System has been substantially completed based 

23 on the criteria described in paragraph (1); and 

24 (B) submit a written notice of the deter25 mination under subparagraph (A) to— 
238 

† HR 4783 EAS 

1 (i) the Pueblos; 

2 (ii) the County; and 

3 (iii) the State. 

4 (4) RIGHT TO REVIEW.— 

5 (A) IN GENERAL.—A determination by the 

6 Secretary under paragraph (3)(A) shall be con7 sidered to be a final agency action subject to ju8 dicial review by the Decree Court under sec9 tions 701 through 706 of title 5, United States 

10 Code. 

11 (B) FAILURE TO MAKE TIMELY DETER12 MINATION.— 

13 (i) IN GENERAL.—If a Pueblo re14 quests a written determination under para15 graph (3) and the Secretary fails to make 

16 such a written determination by the date 

17 described in clause (ii), there shall be a re18 buttable presumption that the failure con19 stitutes agency action unlawfully withheld 

20 or unreasonably delayed under section 706 

21 of title 5, United States Code. 

22 (ii) DATE.—The date referred to in 

23 clause (i) is the date that is the later of— 

24 (I) the date that is 180 days 

25 after the date of receipt by the Sec-
239 

† HR 4783 EAS 

1 retary of the request by the Pueblo; 

2 and 

3 (II) June 30, 2023. 

4 (C) EFFECT OF TITLE.—Nothing in this 

5 title gives any Pueblo or Settlement Party the 

6 right to judicial review of a determination of 

7 the Secretary regarding whether the Regional 

8 Water System has been substantially completed 

9 except under subchapter II of chapter 5, and 

10 chapter 7, of title 5, United States Code (com11 monly known as the ‘‘Administrative Procedure 

12 Act’’). 

13 (5) RIGHT TO VOID FINAL DECREE.— 

14 (A) IN GENERAL.—Not later than June 

15 30, 2024, on a determination by the Secretary, 

16 after consultation with the Pueblos, that the 

17 Regional Water System is not substantially 

18 complete, 1 or more of the Pueblos, or the 

19 United States acting on behalf of a Pueblo, 

20 shall have the right to notify the Decree Court 

21 of the determination. 

22 (B) EFFECT.—The Final Decree shall 

23 have no force or effect on a finding by the De24 cree Court that a Pueblo, or the United States 
240 

† HR 4783 EAS 

1 acting on behalf of a Pueblo, has submitted 

2 proper notification under subparagraph (A). 

3 (f) VOIDING OF WAIVERS.—If the Final Decree is 

4 void under subsection (e)(5)— 

5 (1) the Settlement Agreement shall no longer 

6 be effective; 

7 (2) the waivers and releases executed pursuant 

8 to section 624 shall no longer be effective; 

9 (3) any unexpended Federal funds appropriated 

10 or made available to carry out the activities author11 ized by this title, together with any interest earned 

12 on those funds, any water rights or contracts to use 

13 water, and title to other property acquired or con14 structed with Federal funds appropriated or made 

15 available to carry out the activities authorized by 

16 this title shall be returned to the Federal Govern17 ment, unless otherwise agreed to by the Pueblos and 

18 the United States and approved by Congress; and 

19 (4) except for Federal funds used to acquire or 

20 develop property that is returned to the Federal 

21 Government under paragraph (3), the United States 

22 shall be entitled to set off any Federal funds appro23 priated or made available to carry out the activities 

24 authorized by this title that were expended or with25 drawn, together with any interest accrued on those 
241 

† HR 4783 EAS 

1 funds, against any claims against the United 

2 States— 

3 (A) relating to water rights in the 

4 Pojoaque Basin asserted by any Pueblo that 

5 benefitted from the use of expended or with6 drawn Federal funds; or 

7 (B) in any future settlement of the 

8 Aamodt Case. 

9 (g) EXTENSION.—The dates in subsections (a)(1) 

10 and (b) may be extended if the parties to the Cost-Sharing 

11 and System Integration Agreement agree that an exten12 sion is reasonably necessary. 

13 SEC. 624. WAIVERS AND RELEASES OF CLAIMS. 

14 (a) CLAIMS BY THE PUEBLOS AND THE UNITED

15 STATES.—In return for recognition of the Pueblos’ water 

16 rights and other benefits, including waivers and releases 

17 by non-Pueblo parties, as set forth in the Settlement 

18 Agreement and this title, the Pueblos, on behalf of them19 selves and their members, and the United States acting 

20 in its capacity as trustee for the Pueblos are authorized 

21 to execute a waiver and release of— 

22 (1) all claims for water rights in the Pojoaque 

23 Basin that the Pueblos, or the United States acting 

24 in its capacity as trustee for the Pueblos, asserted, 

25 or could have asserted, in any proceeding, including 
242 

† HR 4783 EAS 

1 the Aamodt Case, up to and including the waiver ef2 fectiveness date identified in section 623(d), except 

3 to the extent that such rights are recognized in the 

4 Settlement Agreement or this title; 

5 (2) all claims for water rights for lands in the 

6 Pojoaque Basin and for rights to use water in the 

7 Pojoaque Basin that the Pueblos, or the United 

8 States acting in its capacity as trustee for the Pueb9 los, might be able to otherwise assert in any pro10 ceeding not initiated on or before the date of enact11 ment of this Act, except to the extent that such 

12 rights are recognized in the Settlement Agreement 

13 or this title; 

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

15 water rights or claims of interference with, diversion 

16 or taking of water (including claims for injury to 

17 land resulting from such damages, losses, injuries, 

18 interference with, diversion, or taking) for land with19 in the Pojoaque Basin that accrued at any time up 

20 to and including the waiver effectiveness date identi21 fied in section 623(d); 

22 (4) their defenses in the Aamodt Case to the 

23 claims previously asserted therein by other parties to 

24 the Settlement Agreement; 
243 

† HR 4783 EAS 

1 (5) all pending and future inter se challenges to 

2 the quantification and priority of water rights of 

3 non-Pueblo wells in the Pojoaque Basin, except as 

4 provided by section 2.8 of the Settlement Agree5 ment; 

6 (6) all pending and future inter se challenges 

7 against other parties to the Settlement Agreement; 

8 (7) all claims for damages, losses, or injuries to 

9 water rights or claims of interference with, diversion 

10 or taking of water (including claims for injury to 

11 land resulting from such damages, losses, injuries, 

12 interference with, diversion, or taking of water) at13 tributable to City of Santa Fe pumping of ground14 water that has effects on the ground and surface 

15 water supplies of the Pojoaque Basin, provided that 

16 this waiver shall not be effective by the Pueblo of 

17 Tesuque unless there is a water resources agreement 

18 executed between the Pueblo of Tesuque and the 

19 City of Santa Fe; and 

20 (8) all claims for damages, losses, or injuries to 

21 water rights or claims of interference with, diversion 

22 or taking of water (including claims for injury to 

23 land resulting from such damages, losses, injuries, 

24 interference with, diversion, or taking of water) at25 tributable to County of Santa Fe pumping of 
244 

† HR 4783 EAS 

1 groundwater that has effects on the ground and sur2 face water supplies of the Pojoaque Basin. 

3 (b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED

4 STATES.—The Pueblos, on behalf of themselves and their 

5 members, are authorized to execute a waiver and release 

6 of— 

7 (1) all claims against the United States, its 

8 agencies, or employees, relating to claims for water 

9 rights in or water of the Pojoaque Basin or for 

10 rights to use water in the Pojoaque Basin that the 

11 United States acting in its capacity as trustee for 

12 the Pueblos asserted, or could have asserted, in any 

13 proceeding, including the Aamodt Case; 

14 (2) all claims against the United States, its 

15 agencies, or employees relating to damages, losses, 

16 or injuries to water, water rights, land, or natural 

17 resources due to loss of water or water rights (in18 cluding damages, losses or injuries to hunting, fish19 ing, gathering or cultural rights due to loss of water 

20 or water rights; claims relating to interference with, 

21 diversion or taking of water or water rights; or 

22 claims relating to failure to protect, acquire, replace, 

23 or develop water, water rights or water infrastruc24 ture) within the Pojoaque Basin that first accrued 
245 

† HR 4783 EAS 

1 at any time up to and including the waiver effective2 ness date identified in section 623(d); 

3 (3) all claims against the United States, its 

4 agencies, or employees for an accounting of funds 

5 appropriated by Acts, including the Act of December 

6 22, 1927 (45 Stat. 2), the Act of March 4, 1929 (45 

7 Stat. 1562), the Act of March 26, 1930 (46 Stat. 

8 90), the Act of February 14, 1931 (46 Stat. 1115), 

9 the Act of March 4, 1931 (46 Stat. 1552), the Act 

10 of July 1, 1932 (47 Stat. 525), the Act of June 22, 

11 1936 (49 Stat. 1757), the Act of August 9, 1937 

12 (50 Stat. 564), and the Act of May 9, 1938 (52 

13 Stat. 291), as authorized by the Pueblo Lands Act 

14 of June 7, 1924 (43 Stat. 636), and the Pueblo 

15 Lands Act of May 31, 1933 (48 Stat. 108), and for 

16 breach of Trust relating to funds for water replace17 ment appropriated by said Acts that first accrued 

18 before the date of enactment of this Act; 

19 (4) all claims against the United States, its 

20 agencies, or employees relating to the pending litiga21 tion of claims relating to the Pueblos’ water rights 

22 in the Aamodt Case; and 

23 (5) all claims against the United States, its 

24 agencies, or employees relating to the negotiation, 

25 Execution or the adoption of the Settlement Agree-
246 

† HR 4783 EAS 

1 ment, exhibits thereto, the Partial Final Decree, the 

2 Final Decree, or this title. 

3 (c) RESERVATION OF RIGHTS AND RETENTION OF

4 CLAIMS.—Notwithstanding the waivers and releases au5 thorized in this title, the Pueblos on behalf of themselves 

6 and their members and the United States acting in its 

7 capacity as trustee for the Pueblos retain.— 

8 (1) all claims for enforcement of the Settlement 

9 Agreement, the Cost-Sharing and System Integra10 tion Agreement, the Final Decree, including the Par11 tial Final Decree, the San Juan-Chama Project con12 tract between the Pueblos and the United States or 

13 this title; 

14 (2) all rights to use and protect water rights ac15 quired after the date of enactment of this Act; 

16 (3) all rights to use and protect water rights ac17 quired pursuant to state law to the extent not incon18 sistent with the Partial Final Decree, Final Decree, 

19 and the Settlement Agreement; 

20 (4) all claims against persons other than Par21 ties to the Settlement Agreement for damages, losses 

22 or injuries to water rights or claims of interference 

23 with, diversion or taking of water (including claims 

24 for injury to lands resulting from such damages, 

25 losses, injuries, interference with, diversion, or tak-
247 

† HR 4783 EAS 

1 ing of water) within the Pojoaque Basin arising out 

2 of activities occurring outside the Pojoaque Basin; 

3 (5) all claims relating to activities affecting the 

4 quality of water including any claims the Pueblos 

5 may have under the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 

7 (42 U.S.C. 9601 et seq.) (including claims for dam8 ages to natural resources), the Safe Drinking Water 

9 Act (42 U.S.C. 300f et seq.), the Federal Water Pol10 lution Control Act (33 U.S.C. 1251 et seq.), and the 

11 regulations implementing those laws; 

12 (6) all claims against the United States relating 

13 to damages, losses, or injuries to land or natural re14 sources not due to loss of water or water rights (in15 cluding hunting, fishing, gathering or cultural 

16 rights); 

17 (7) all claims for water rights from water 

18 sources outside the Pojoaque Basin for land outside 

19 the Pojoaque Basin owned by a Pueblo or held by 

20 the United States for the benefit of any of the Pueb21 los; and 

22 (8) all rights, remedies, privileges, immunities, 

23 powers and claims not specifically waived and re24 leased pursuant to this title or the Settlement Agree25 ment. 
248 

† HR 4783 EAS 

1 (d) EFFECT.—Nothing in the Settlement Agreement 

2 or this title— 

3 (1) affects the ability of the United States act4 ing in its sovereign capacity to take actions author5 ized by law, including any laws relating to health, 

6 safety, or the environment, including the Com7 prehensive Environmental Response, Compensation, 

8 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

9 the Safe Drinking Water Act (42 U.S.C. 300f et 

10 seq.), the Federal Water Pollution Control Act (33 

11 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 

12 (42 U.S.C. 6901 et seq.), and the regulations imple13 menting those laws; 

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

15 take actions acting in its capacity as trustee for any 

16 other Indian tribe or allottee; or 

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

18 (A) interpret Federal law regarding health, 

19 safety, or the environment or determine the du20 ties of the United States or other parties pursu21 ant to such Federal law; or 

22 (B) conduct judicial review of Federal 

23 agency action; 

24 (e) TOLLING OF CLAIMS.— 
249 

† HR 4783 EAS 

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

2 limitation and time-based equitable defense relating 

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

4 the period beginning on the date of enactment of 

5 this Act and ending on June 30, 2021. 

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

7 subsection revives any claim or tolls any period of 

8 limitation or time-based equitable defense that ex9 pired before the date of enactment of this Act. 

10 (3) LIMITATION.—Nothing in this section pre11 cludes the tolling of any period of limitations or any 

12 time-based equitable defense under any other appli13 cable law. 

14 SEC. 625. EFFECT. 

15 Nothing in this title or the Settlement Agreement af16 fects the land and water rights, claims, or entitlements 

17 to water of any Indian tribe, pueblo, or community other 

18 than the Pueblos. 

19 SEC. 626. ANTIDEFICIENCY. 

20 The United States shall not be liable for any failure 

21 to carry out any obligation or activity authorized by this 

22 title (including any such obligation or activity under the 

23 Settlement Agreement) if adequate appropriations are not 

24 provided expressly by Congress to carry out the purposes 

25 of this title in the Reclamation Water Settlements Fund 
250 

† HR 4783 EAS 

1 established under section 10501 of Public Law 111–11 or 

2 the ‘‘Emergency Fund for Indian Safety and Health’’ es3 tablished by section 601(a) of the Tom Lantos and Henry 

4 J. Hyde United States Global Leadership Against HIV/ 

5 AIDS, Tuberculosis, and Malaria Reauthorization Act of 

6 2008 (25 U.S.C. 443c(a)). 

7 TITLE VII—RECLAMATION 

8 WATER SETTLEMENTS FUND 

9 SEC. 701. MANDATORY APPROPRIATION. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, out of any funds in the Treasury not otherwise 

12 appropriated, for each of fiscal years 2012 through 2014, 

13 the Secretary of the Treasury shall transfer to the Sec14 retary of the Interior $60,000,000 for deposit in the Rec15 lamation Water Settlements Fund established in section 

16 10501 of Public Law 111–11. 

17 (b) RECEIPT AND ACCEPTANCE.—Starting in fiscal 

18 year 2012, the Secretary of the Interior shall be entitled 

19 to receive, shall accept, and shall use to carry out subtitle 

20 B of title X of Public Law 111–11 the funds transferred 

21 under subsection (a), without further appropriation, to re22 main available until expended. 
251 

† HR 4783 EAS 

1 TITLE VIII—GENERAL 

2 PROVISIONS 

3 Subtitle A—Unemployment 

4 Compensation Program Integrity 

5 SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCE6 ABLE STATE DEBTS. 

7 (a) UNEMPLOYMENT COMPENSATION DEBTS.—Sec8 tion 6402(f) of the Internal Revenue Code of 1986 is 

9 amended— 

10 (1) in the heading, by striking ‘‘RESULTING

11 FROM FRAUD’’; 

12 (2) by striking paragraphs (3) and (8) and re13 designating paragraphs (4) through (7) as para14 graphs (3) through (6), respectively; 

15 (3) in paragraph (3), as so redesignated— 

16 (A) in subparagraph (A), by striking ‘‘by 

17 certified mail with return receipt’’; 

18 (B) in subparagraph (B), by striking ‘‘due 

19 to fraud’’ and inserting ‘‘is not a covered unem20 ployment compensation debt’’; 

21 (C) in subparagraph (C), by striking ‘‘due 

22 to fraud’’ and inserting ‘‘ is not a covered un23 employment compensation debt’’; and 

24 (4) in paragraph (4), as so redesignated— 

25 (A) in subparagraph (A)— 
252 

† HR 4783 EAS 

1 (i) by inserting ‘‘or the person’s fail2 ure to report earnings’’ after ‘‘due to 

3 fraud’’; and 

4 (ii) by striking ‘‘for not more than 10 

5 years’’; and 

6 (B) in subparagraph (B)— 

7 (i) by striking ‘‘due to fraud’’; and 

8 (ii) by striking ‘‘for not more than 10 

9 years’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to refunds payable under section 

12 6402 of the Internal Revenue Code of 1986 on or after 

13 the date of the enactment of this Act. 

14 SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DI15 RECTORY OF NEW HIRES. 

16 (a) ADDITION OF REQUIREMENT.—Section 

17 453A(b)(1)(A) of the Social Security Act (42 U.S.C. 

18 653a(b)(1)(A)) is amended by inserting ‘‘the date services 

19 for remuneration were first performed by the employee,’’ 

20 after ‘‘of the employee,’’. 

21 (b) CONFORMING AMENDMENT REGARDING REPORT22 ING FORMAT AND METHOD.—Section 453A(c) of the So23 cial Security Act (42 U.S.C. 653a(c)) is amended by in24 serting ‘‘, to the extent practicable,’’ after ‘‘Each report 

25 required by subsection (b) shall’’. 
253 

† HR 4783 EAS 

1 (c) EFFECTIVE DATE.— 

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

3 the amendments made by this section shall take ef4 fect 6 months after the date of the enactment of this 

5 Act. 

6 (2) COMPLIANCE TRANSITION PERIOD.—If the 

7 Secretary of Health and Human Services determines 

8 that State legislation (other than legislation appro9 priating funds) is required in order for a State plan 

10 under part D of title IV of the Social Security Act 

11 to meet the additional requirements imposed by the 

12 amendment made by subsection (a), the plan shall 

13 not be regarded as failing to meet such requirements 

14 before the first day of the second calendar quarter 

15 beginning after the close of the first regular session 

16 of the State legislature that begins after the effective 

17 date of such amendment. If the State has a 2-year 

18 legislative session, each year of the session is deemed 

19 to be a separate regular session of the State legisla20 ture. 

21 Subtitle B—TANF 

22 SEC. 811. EXTENSION OF THE TEMPORARY ASSISTANCE 

23 FOR NEEDY FAMILIES PROGRAM. 

24 (a) IN GENERAL.—Activities authorized by part A of 

25 title IV and section 1108(b) of the Social Security Act 
254 

† HR 4783 EAS 

1 (other than the Emergency Contingency Fund for State 

2 Temporary Assistance for Needy Families Programs es3 tablished under subsection (c) of section 403 of such Act) 

4 shall continue through September 30, 2011, in the manner 

5 authorized for fiscal year 2010, and out of any money in 

6 the Treasury of the United States not otherwise appro7 priated, there are hereby appropriated such sums as may 

8 be necessary for such purpose. Grants and payments may 

9 be made pursuant to this authority on a quarterly basis 

10 through fiscal year 2011 at the level provided for such 

11 activities for the corresponding quarter of fiscal year 

12 2010, except that— 

13 (1) in the case of healthy marriage promotion 

14 and responsible fatherhood grants under section 

15 403(a)(2) of such Act, such grants and payments 

16 shall be made in accordance with the amendments 

17 made by subsection (b) of this section; 

18 (2) in the case of supplemental grants under 

19 section 403(a)(3) of such Act— 

20 (A) such grants and payments for the pe21 riod beginning on October 1, 2010, and ending 

22 on December 3, 2010, shall not exceed the level 

23 provided for such grants and payments under 

24 the Continuing Appropriations Act, 2011; and 
255 

† HR 4783 EAS 

1 (B) such grants and payments for the pe2 riod beginning on December 4, 2010, and end3 ing on June 30, 2011, shall not exceed the 

4 amount equal to the difference between 

5 $490,000,000 and such sums as are necessary 

6 for amounts obligated under section 403(b) of 

7 the Social Security Act on or after October 1, 

8 2010, and before the date of enactment of this 

9 Act; and 

10 (3) in the case of the Contingency Fund for 

11 State Welfare Programs established under section 

12 403(b) of such Act, grants and payments may be 

13 made in the manner authorized for fiscal year 2010 

14 through fiscal year 2012, in accordance with the 

15 amendments made by subsection (c) of this section. 

16 (b) HEALTHY MARRIAGE PROMOTION AND RESPON17 SIBLE FATHERHOOD GRANTS.—Section 403(a)(2) of the 

18 Social Security Act (42 U.S.C. 603(a)(2)) is amended— 

19 (1) in subparagraph (A)— 

20 (A) in clause (i), by striking ‘‘and (C)’’ 

21 and inserting ‘‘, (C), and (E)’’; 

22 (B) in clause (ii), in the matter preceding 

23 subclause (I), by inserting ‘‘(or, in the case of 

24 an entity seeking funding to carry out healthy 

25 marriage promotion activities and activities pro-
256 

† HR 4783 EAS 

1 moting responsible fatherhood, a combined ap2 plication that contains assurances that the enti3 ty will carry out such activities under separate 

4 programs and shall not combine any funds 

5 awarded to carry out either such activities)’’ 

6 after ‘‘an application’’; and 

7 (C) in clause (iii), by striking subclause 

8 (III) and inserting the following: 

9 ‘‘(III) Marriage education, mar10 riage skills, and relationship skills 

11 programs, that may include parenting 

12 skills, financial management, conflict 

13 resolution, and job and career ad14 vancement.’’; 

15 (2) in subparagraph (C)(i), by striking 

16 ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’; 

17 (3) by striking subparagraph (D) and inserting 

18 the following: 

19 ‘‘(D) APPROPRIATION.—Out of any money 

20 in the Treasury of the United States not other21 wise appropriated, there are appropriated for 

22 fiscal year 2011 for expenditure in accordance 

23 with this paragraph— 
257 

† HR 4783 EAS 

1 ‘‘(i) $75,000,000 for awarding funds 

2 for the purpose of carrying out healthy 

3 marriage promotion activities; and 

4 ‘‘(ii) $75,000,000 for awarding funds 

5 for the purpose of carrying out activities 

6 promoting responsible fatherhood. 

7 If the Secretary makes an award under sub8 paragraph (B)(i) for fiscal year 2011, the funds 

9 for such award shall be taken in equal portion 

10 from the amounts appropriated under clauses 

11 (i) and (ii).’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(E) PREFERENCE.—In awarding funds 

14 under this paragraph for fiscal year 2011, the 

15 Secretary shall give preference to entities that 

16 were awarded funds under this paragraph for 

17 any prior fiscal year and that have dem18 onstrated the ability to successfully carry out 

19 the programs funded under this paragraph.’’. 

20 (c) CONTINGENCY FUND.—Section 403(b)(2) of the 

21 Social Security Act (42 U.S.C. 603(b)(2)), as amended by 

22 section 131(b)(2)(A) of the Continuing Appropriations 

23 Act, 2011, is amended— 

24 (1) by striking ‘‘$506,000,000’’ and inserting 

25 ‘‘such sums as are necessary for amounts obligated 
258 

† HR 4783 EAS 

1 on or after October 1, 2010, and before the date of 

2 enactment of the Claims Resolution Act of 2010,’’; 

3 and 

4 (2) by striking ‘‘, reduced’’ and all that follows 

5 up to the period. 

6 (d) CONFORMING AMENDMENTS.—Section 403(a)(3) 

7 of the Social Security Act (42 U.S.C. 603(a)(3)), as 

8 amended by section 131(b)(1) of the Continuing Appro9 priations Act, 2011, is amended— 

10 (1) in subparagraph (F)— 

11 (A) by inserting ‘‘(or portion of a fiscal 

12 year)’’ after ‘‘a fiscal year’’; and 

13 (B) by inserting ‘‘(or portion of the fiscal 

14 year)’’ after ‘‘the fiscal year’’ each place it ap15 pears; and 

16 (2) by striking clause (ii) of subparagraph (H) 

17 and inserting the following: 

18 ‘‘(ii) subparagraph (G) shall be ap19 plied as if ‘fiscal year 2011’ were sub20 stituted for ‘fiscal year 2001’;’’. 

21 SEC. 812. MODIFICATIONS TO TANF DATA REPORTING. 

22 (a) IN GENERAL.—Section 411 of the Social Security 

23 Act (42 U.S.C. 611) is amended by adding at the end the 

24 following new subsection: 
259 

† HR 4783 EAS 

1 ‘‘(c) PRE-REAUTHORIZATION STATE-BY-STATE RE2 PORTS ON ENGAGEMENT IN ADDITIONAL WORK ACTIVI3 TIES AND EXPENDITURES FOR OTHER BENEFITS AND

4 SERVICES.— 

5 ‘‘(1) STATE REPORTING REQUIREMENTS.— 

6 ‘‘(A) REPORTING PERIODS AND DEAD7 LINES.—Each eligible State shall submit to the 

8 Secretary the following reports: 

9 ‘‘(i) MARCH 2011 REPORT.—Not later 

10 than May 31, 2011, a report for the period 

11 that begins on March 1, 2011, and ends on 

12 March 31, 2011, that contains the infor13 mation specified in subparagraphs (B) and 

14 (C). 

15 ‘‘(ii) APRIL-JUNE, 2011 REPORT.—Not 

16 later than August 31, 2011, a report for 

17 the period that begins on April 1, 2011, 

18 and ends on June 30, 2011, that contains 

19 with respect to the 3 months that occur 

20 during that period— 

21 ‘‘(I) the average monthly num22 bers for the information specified in 

23 subparagraph (B); and 

24 ‘‘(II) the information specified in 

25 subparagraph (C). 
260 

† HR 4783 EAS 

1 ‘‘(B) ENGAGEMENT IN ADDITIONAL WORK

2 ACTIVITIES.— 

3 ‘‘(i) With respect to each work-eligible 

4 individual in a family receiving assistance 

5 during a reporting period specified in sub6 paragraph (A), whether the individual en7 gages in any activities directed toward at8 taining self-sufficiency during a month oc9 curring in a reporting period, and if so, the 

10 specific activities— 

11 ‘‘(I) that do not qualify as a 

12 work activity under section 407(d) but 

13 that are otherwise reasonably cal14 culated to help the family move to15 ward self-sufficiency; or 

16 ‘‘(II) that are of a type that 

17 would be counted toward the State 

18 participation rates under section 407 

19 but for the fact that— 

20 ‘‘(aa) the work-eligible indi21 vidual did not engage in suffi22 cient hours of the activity; 

23 ‘‘(bb) the work-eligible indi24 vidual has reached the maximum 

25 time limit allowed for having par-
261 

† HR 4783 EAS 

1 ticipation in the activity counted 

2 toward the State’s work partici3 pation rate; or 

4 ‘‘(cc) the number of work-el5 igible individuals engaged in such 

6 activity exceeds a limitation 

7 under such section. 

8 ‘‘(ii) Any other information that the 

9 Secretary determines appropriate with re10 spect to the information required under 

11 clause (i), including if the individual has 

12 no hours of participation, the principal rea13 son or reasons for such non-participation. 

14 ‘‘(C) EXPENDITURES ON OTHER BENEFITS

15 AND SERVICES.— 

16 ‘‘(i) Detailed, disaggregated informa17 tion regarding the types of, and amounts 

18 of, expenditures made by the State during 

19 a reporting period specified in subpara20 graph (A) using— 

21 ‘‘(I) Federal funds provided 

22 under section 403 that are (or will be) 

23 reported by the State on Form ACF– 

24 196 (or any successor form) under the 

25 category of other expenditures or the 
262 

† HR 4783 EAS 

1 category of benefits or services pro2 vided in accordance with the authority 

3 provided under section 404(a)(2); or 

4 ‘‘(II) State funds expended to 

5 meet the requirements of section 

6 409(a)(7) and reported by the State 

7 in the category of other expenditures 

8 on Form ACF–196 (or any successor 

9 form). 

10 ‘‘(ii) Any other information that the 

11 Secretary determines appropriate with re12 spect to the information required under 

13 clause (i). 

14 ‘‘(2) PUBLICATION OF SUMMARY AND ANALYSIS

15 OF ENGAGEMENT IN ADDITIONAL ACTIVITIES.—Con16 current with the submission of each report required 

17 under paragraph (1)(A), an eligible State shall pub18 lish on an Internet website maintained by the State 

19 agency responsible for administering the State pro20 gram funded under this part (or such State-main21 tained website as the Secretary may approve)— 

22 ‘‘(A) a summary of the information sub23 mitted in the report: 

24 ‘‘(B) an analysis statement regarding the 

25 extent to which the information changes meas-
263 

† HR 4783 EAS 

1 ures of total engagement in work activities from 

2 what was (or will be) reported by the State in 

3 the quarterly report submitted under subsection 

4 (a) for the comparable period; and 

5 ‘‘(C) a narrative describing the most com6 mon activities contained in the report that are 

7 not countable toward the State participation 

8 rates under section 407. 

9 ‘‘(3) APPLICATION OF AUTHORITY TO USE SAM10 PLING.—Subparagraph (B) of subsection (a)(1) 

11 shall apply to the reports required under paragraph 

12 (1) of this subsection in the same manner as sub13 paragraph (B) of subsection (a)(1) applies to reports 

14 required under subparagraph (A) of subsection 

15 (a)(1). 

16 ‘‘(4) SECRETARIAL REPORTS TO CONGRESS.— 

17 ‘‘(A) MARCH 2011 REPORT.—Not later 

18 than June 30, 2011, the Secretary shall submit 

19 to Congress a report on the information sub20 mitted by eligible States for the March 2011 re21 porting period under paragraph (1)(A)(i). The 

22 report shall include a State-by-State summary 

23 and analysis of such information, identification 

24 of any States with missing or incomplete re25 ports, and recommendations for such adminis-
264 

† HR 4783 EAS 

1 trative or legislative changes as the Secretary 

2 determines are necessary to require eligible 

3 States to report the information on a recurring 

4 basis. 

5 ‘‘(B) APRIL-JUNE, 2011 REPORT.—Not 

6 later than September 30, 2011, the Secretary 

7 shall submit to Congress a report on the infor8 mation submitted by eligible States for the 

9 April-June 2011 reporting period under para10 graph (1)(A)(ii). The report shall include a 

11 State-by-State summary and analysis of such 

12 information, identification of any States with 

13 missing or incomplete reports, and rec14 ommendations for such administrative or legis15 lative changes as the Secretary determines are 

16 necessary to require eligible States to report the 

17 information on a recurring basis 

18 ‘‘(5) AUTHORITY FOR EXPEDITIOUS IMPLEMEN19 TATION.—The requirements of chapter 5 of title 5, 

20 United States Code (commonly referred to as the 

21 ‘Administrative Procedure Act’) or any other law re22 lating to rulemaking or publication in the Federal 

23 Register shall not apply to the issuance of guidance 

24 or instructions by the Secretary with respect to the 

25 implementation of this subsection to the extent the 
265 

† HR 4783 EAS 

1 Secretary determines that compliance with any such 

2 requirement would impede the expeditious implemen3 tation of this subsection.’’. 

4 (b) APPLICATION OF PENALTY FOR FAILURE TO

5 FILE REPORT.— 

6 (1) IN GENERAL.—Section 409(a)(2) of such 

7 Act (42 U.S.C. 609(a)(2)) is amended— 

8 (A) by redesignating subparagraphs (A) 

9 and (B) as clauses (i) and (ii), respectively, 

10 (B) by inserting before clause (i) (as redes11 ignated by paragraph (1)), the following: 

12 ‘‘(A) QUARTERLY REPORTS.—’’; 

13 (C) in clause (ii) of subparagraph (A) (as 

14 redesignated by paragraphs (1) and (2)), by 

15 striking ‘‘subparagraph (A)’’ and inserting 

16 ‘‘clause (i)’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(B) REPORT ON ENGAGEMENT IN ADDI19 TIONAL WORK ACTIVITIES AND EXPENDITURES

20 FOR OTHER BENEFITS AND SERVICES.— 

21 ‘‘(i) IN GENERAL.—If the Secretary 

22 determines that a State has not submitted 

23 the report required by section 

24 411(c)(1)(A)(i) by May 31, 2011, or the 

25 report required by section 411(c)(1)(A)(ii) 
266 

† HR 4783 EAS 

1 by August 31, 2011, the Secretary shall 

2 reduce the grant payable to the State 

3 under section 403(a)(1) for the imme4 diately succeeding fiscal year by an amount 

5 equal to not more than 4 percent of the 

6 State family assistance grant. 

7 ‘‘(ii) RESCISSION OF PENALTY.—The 

8 Secretary shall rescind a penalty imposed 

9 on a State under clause (i) with respect to 

10 a report required by section 411(c)(1)(A) 

11 if the State submits the report not later 

12 than— 

13 ‘‘(I) in the case of the report re14 quired under section 411(c)(1)(A)(i), 

15 June 15, 2011; and 

16 ‘‘(II) in the case of the report re17 quired under section 411(c)(1)(A)(ii), 

18 September 15, 2011. 

19 ‘‘(iii) PENALTY BASED ON SEVERITY

20 OF FAILURE.—The Secretary shall impose 

21 a reduction under clause (i) with respect to 

22 a fiscal year based on the degree of non23 compliance.’’. 

24 (2) APPLICATION OF REASONABLE CAUSE EX25 CEPTION.—Section 409(b)(2) of such Act (42 U.S.C. 
267 

† HR 4783 EAS 

1 609(b)(2)) is amended by inserting before the period 

2 the following: ‘‘and, with respect to the penalty 

3 under paragraph (2)(B) of subsection (a), shall only 

4 apply to the extent the Secretary determines that 

5 the reasonable cause for failure to comply with a re6 quirement of that paragraph is as a result of a one7 time, unexpected event, such as a widespread data 

8 system failure or a natural or man-made disaster’’. 

9 (3) NONAPPLICATION OF CORRECTIVE COMPLI10 ANCE PLAN PROVISIONS.—Section 409(c)(4) of such 

11 Act (42 U.S.C. 609(c)(4)) is amended by inserting 

12 ‘‘(2)(B),’’ after ‘‘paragraph’’. 

13 Subtitle C—Customs User Fees; 

14 Continued Dumping and Sub15 sidy Offset 

16 SEC. 821. CUSTOMS USER FEES. 

17 Section 13031(j)(3) of the Consolidated Omnibus 

18 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 

19 is amended— 

20 (1) in subparagraph (A), by striking ‘‘December 

21 10, 2018’’ and inserting ‘‘September 30, 2019’’; and 

22 (2) in subparagraph (B)(i), by striking ‘‘No23 vember 30, 2018’’ and inserting ‘‘September 30, 

24 2019’’. 
268 

† HR 4783 EAS 

1 SEC. 822. LIMITATION ON DISTRIBUTIONS RELATING TO 

2 REPEAL OF CONTINUED DUMPING AND SUB3 SIDY OFFSET. 

4 Notwithstanding section 1701(b) of the Deficit Re5 duction Act of 2005 (Public Law 109–171; 120 Stat. 154 

6 (19 U.S.C. 1675c note)) or any other provision of law, 

7 no payments shall be distributed under section 754 of the 

8 Tariff Act of 1930, as in effect on the day before the date 

9 of the enactment of such section 1701, with respect to the 

10 entries of any goods that are, on the date of the enactment 

11 of this Act— 

12 (1) unliquidated; and 

13 (2)(A) not in litigation; or 

14 (B) not under an order of liquidation from the 

15 Department of Commerce. 

16 Subtitle D—Emergency Fund for 

17 Indian Safety and Health 

18 SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY AND 

19 HEALTH. 

20 Section 601 of the Tom Lantos and Henry J. Hyde 

21 United States Global Leadership Against HIV/ AIDS, Tu22 berculosis, and Malaria Reauthorization Act of 2008 (25 

23 U.S.C. 443c) is amended— 

24 (1) in subsection (b)(1), by striking 

25 ‘‘$2,000,000,000’’ and inserting ‘‘$1,602,619,000’’; 

26 and 
269 

† HR 4783 EAS 

1 (2) in subsection (f)(2)(B), by striking ‘‘50 per2 cent’’ and inserting ‘‘not more than $602,619,000’’. 

3 Subtitle E—Rescission of Funds 

4 From WIC Program 

5 SEC. 841. RESCISSION OF FUNDS FROM WIC PROGRAM. 

6 Notwithstanding any other provision of law, of the 

7 amounts made available in appropriations Acts to provide 

8 grants to States under the special supplemental nutrition 

9 program for women, infants, and children established by 

10 section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

11 1786), $562,000,000 is rescinded. 

12 Subtitle F—Budgetary Effects 

13 SEC. 851. BUDGETARY EFFECTS. 

14 The budgetary effects of this Act, for the purpose of 

15 complying with the Statutory Pay-As-You-Go-Act of 2010, 

16 shall be determined by reference to the latest statement 

17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

18 Act, submitted for printing in the Congressional Record 

19 by the Chairman of the Senate Budget Committee, pro20 vided that such statement has been submitted prior to the 

21 vote on passage. 
270 

† HR 4783 EAS 

Amend the title so as to read: This Act may be cited 

as ‘‘The Claims Resettlement Act of 2010.’’. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 4783 

AMENDMENTS