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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4783 Engrossed Amendment Senate (EAS)]

                  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:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Claims Resolution 
Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

    Sec. 1. Short title; table of contents.
     TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT

    Sec. 101. Individual Indian Money Account Litigation 
                                Settlement.
     TITLE II--FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS 
                       DISCRIMINATION LITIGATION

    Sec. 201. Appropriation of funds for final settlement of claims 
                                from In re Black Farmers 
                                Discrimination Litigation.
          TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 
                             QUANTIFICATION

    Sec. 301. Short title.
    Sec. 302. Purposes.
    Sec. 303. Definitions.
    Sec. 304. Approval of Agreement.
    Sec. 305. Water rights.
    Sec. 306. Contract.
    Sec. 307. Authorization of WMAT rural water system.
    Sec. 308. Satisfaction of claims.
    Sec. 309. Waivers and releases of claims.
    Sec. 310. White Mountain Apache Tribe Water Rights Settlement 
                                Subaccount.
    Sec. 311. Miscellaneous provisions.
    Sec. 312. Funding.
    Sec. 313. Antideficiency.
    Sec. 314. Compliance with environmental laws.
              TITLE IV--CROW TRIBE WATER RIGHTS SETTLEMENT

    Sec. 401. Short title.
    Sec. 402. Purposes.
    Sec. 403. Definitions.
    Sec. 404. Ratification of Compact.
    Sec. 405. Rehabilitation and improvement of Crow Irrigation 
                                Project.
    Sec. 406. Design and construction of MR&I System.
    Sec. 407. Tribal water rights.
    Sec. 408. Storage allocation from Bighorn Lake.
    Sec. 409. Satisfaction of claims.
    Sec. 410. Waivers and releases of claims.
    Sec. 411. Crow Settlement Fund.
    Sec. 412. Yellowtail Dam, Montana.
    Sec. 413. Miscellaneous provisions.
    Sec. 414. Funding.
    Sec. 415. Repeal on failure to meet enforceability date.
    Sec. 416. Antideficiency.
                TITLE V--TAOS PUEBLO INDIAN WATER RIGHTS

    Sec. 501. Short title.
    Sec. 502. Purposes.
    Sec. 503. Definitions.
    Sec. 504. Pueblo rights.
    Sec. 505. Taos Pueblo Water Development Fund.
    Sec. 506. Marketing.
    Sec. 507. Mutual-Benefit Projects.
    Sec. 508. San Juan-Chama Project contracts.
    Sec. 509. Authorizations, ratifications, confirmations, and 
                                conditions precedent.
    Sec. 510. Waivers and releases of claims.
    Sec. 511. Interpretation and enforcement.
    Sec. 512. Disclaimer.
    Sec. 513. Antideficiency.
                 TITLE VI--AAMODT LITIGATION SETTLEMENT

    Sec. 601. Short title.
    Sec. 602. Definitions.
            Subtitle A--Pojoaque Basin Regional Water System

    Sec. 611. Authorization of Regional Water System.
    Sec. 612. Operating Agreement.
    Sec. 613. Acquisition of Pueblo water supply for Regional Water 
                                System.
    Sec. 614. Delivery and allocation of Regional Water System 
                                capacity and water.
    Sec. 615. Aamodt Settlement Pueblos' Fund.
    Sec. 616. Environmental compliance.
    Sec. 617. Funding.
       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

    Sec. 621. Settlement Agreement and contract approval.
    Sec. 622. Environmental compliance.
    Sec. 623. Conditions precedent and enforcement date.
    Sec. 624. Waivers and releases of claims.
    Sec. 625. Effect.
    Sec. 626. Antideficiency.
             TITLE VII--RECLAMATION WATER SETTLEMENTS FUND

    Sec. 701. Mandatory appropriation.
                     TITLE VIII--GENERAL PROVISIONS

        Subtitle A--Unemployment Compensation Program Integrity

    Sec. 801. Collection of past-due, legally enforceable State 
                                debts.
    Sec. 802. Reporting of first day of earnings to directory of 
                                new hires.
                            Subtitle B--TANF

    Sec. 811. Extension of the Temporary Assistance for Needy 
                                Families program.
    Sec. 812. Modifications to TANF data reporting.
     Subtitle C--Customs User Fees; Continued Dumping and Subsidy 
                                 Offset

    Sec. 821. Customs user fees.
    Sec. 822. Limitation on distributions relating to repeal of 
                                continued dumping and subsidy 
                                offset.
        Subtitle D--Emergency Fund for Indian Safety and Health

    Sec. 831. Emergency Fund for Indian Safety and Health.
            Subtitle E--Rescission of Funds From WIC Program

    Sec. 841. Rescission of funds from WIC program.
                     Subtitle F--Budgetary Effects

    Sec. 851. Budgetary effects.

     TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT

SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT.

    (a) Definitions.--In this section:
            (1) Agreement on attorneys' fees, expenses, and costs.--The 
        term ``Agreement on Attorneys' Fees, Expenses, and Costs'' 
        means the agreement dated December 7, 2009, between Class 
        Counsel (as defined in the Settlement) and the Defendants (as 
        defined in the Settlement) relating to attorneys' fees, 
        expenses, and costs incurred by Class Counsel in connection 
        with the Litigation and implementation of the Settlement, as 
        modified by the parties to the Litigation.
            (2) Amended complaint.--The term ``Amended Complaint'' 
        means the Amended Complaint attached to the Settlement.
            (3) Final approval.--The term ``final approval'' has the 
        meaning given the term in the Settlement.
            (4) Land consolidation program.--The term ``Land 
        Consolidation Program'' means a program conducted in accordance 
        with the Settlement, the Indian Land Consolidation Act (25 
        U.S.C. 2201 et seq.), and subsection (e)(2) under which the 
        Secretary may purchase fractional interests in trust or 
        restricted land.
            (5) Litigation.--The term ``Litigation'' means the case 
        entitled Elouise Cobell et al. v. Ken Salazar et al., United 
        States District Court, District of Columbia, Civil Action No. 
        96-1285 (TFH).
            (6) Plaintiff.--The term ``Plaintiff'' means a member of 
        any class certified in the Litigation.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Settlement.--The term ``Settlement'' means the Class 
        Action Settlement Agreement dated December 7, 2009, in the 
        Litigation, as modified by the parties to the Litigation.
            (9) Trust administration adjustment fund.--The term ``Trust 
        Administration Adjustment Fund'' means the $100,000,000 
        deposited in the Settlement Account (as defined in the 
        Settlement) pursuant to subsection (j)(1) for use in making the 
        adjustments authorized by that subsection.
            (10) Trust administration class.--The term ``Trust 
        Administration Class'' means the Trust Administration Class as 
        defined in the Settlement.
    (b) Purpose.--The purpose of this section is to authorize the 
Settlement.
    (c) Authorization.--
            (1) In general.--The Settlement is authorized, ratified, 
        and confirmed.
            (2) Amendments.--Any amendment to the Settlement is 
        authorized, ratified, and confirmed, to the extent that such 
        amendment is executed to make the Settlement consistent with 
        this section.
    (d) Jurisdictional Provisions.--
            (1) In general.--Notwithstanding the limitation on the 
        jurisdiction of the district courts of the United States in 
        section 1346(a)(2) of title 28, United States Code, the United 
        States District Court for the District of Columbia shall have 
        jurisdiction of the claims asserted in the Amended Complaint 
        for purposes of the Settlement.
            (2) Certification of trust administration class.--
                    (A) In general.--Notwithstanding the requirements 
                of the Federal Rules of Civil Procedure, the court in 
                the Litigation may certify the Trust Administration 
                Class.
                    (B) Treatment.--On certification under subparagraph 
                (A), the Trust Administration Class shall be treated as 
                a class certified under rule 23(b)(3) of the Federal 
                Rules of Civil Procedure for purposes of the 
                Settlement.
    (e) Trust Land Consolidation.--
            (1) Trust land consolidation fund.--
                    (A) Establishment.--On final approval of the 
                Settlement, there shall be established in the Treasury 
                of the United States a fund, to be known as the ``Trust 
                Land Consolidation Fund''.
                    (B) Availability of amounts.--Amounts in the Trust 
                Land Consolidation Fund shall be made available to the 
                Secretary during the 10-year period beginning on the 
                date of final approval of the Settlement--
                            (i) to conduct the Land Consolidation 
                        Program; and
                            (ii) for other costs specified in the 
                        Settlement.
                    (C) Deposits.--
                            (i) In general.--On final approval of the 
                        Settlement, the Secretary of the Treasury shall 
                        deposit in the Trust Land Consolidation Fund 
                        $1,900,000,000 out of the amounts appropriated 
                        to pay final judgments, awards, and compromise 
                        settlements under section 1304 of title 31, 
                        United States Code.
                            (ii) Conditions met.--The conditions 
                        described in section 1304 of title 31, United 
                        States Code, shall be deemed to be met for 
                        purposes of clause (i).
                    (D) Transfers.--In a manner designed to encourage 
                participation in the Land Consolidation Program, the 
                Secretary may transfer, at the discretion of the 
                Secretary, not more than $60,000,000 of amounts in the 
                Trust Land Consolidation Fund to the Indian Education 
                Scholarship Holding Fund established under paragraph 
                (3).
            (2) Operation.--The Secretary shall consult with Indian 
        tribes to identify fractional interests within the respective 
        jurisdictions of the Indian tribes for purchase in a manner 
        that is consistent with the priorities of the Secretary.
            (3) Indian education scholarship holding fund.--
                    (A) Establishment.--On final approval of the 
                Settlement, there shall be established in the Treasury 
                of the United States a fund, to be known as the 
                ``Indian Education Scholarship Holding Fund''.
                    (B) Availability.--Notwithstanding any other 
                provision of law governing competition, public 
                notification, or Federal procurement or assistance, 
                amounts in the Indian Education Scholarship Holding 
                Fund shall be made available, without further 
                appropriation, to the Secretary to contribute to an 
                Indian Education Scholarship Fund, as described in the 
                Settlement, to provide scholarships for Native 
                Americans.
            (4) Acquisition of trust or restricted land.--The Secretary 
        may acquire, at the discretion of the Secretary and in 
        accordance with the Land Consolidation Program, any fractional 
        interest in trust or restricted land.
            (5) Treatment of unlocatable plaintiffs.--A Plaintiff, the 
        whereabouts of whom are unknown and who, after reasonable 
        efforts by the Secretary, cannot be located during the 5-year 
        period beginning on the date of final approval of the 
        Settlement, shall be considered to have accepted an offer made 
        pursuant to the Land Consolidation Program.
    (f) Taxation and Other Benefits.--
            (1) Internal revenue code.--For purposes of the Internal 
        Revenue Code of 1986, amounts received by an individual Indian 
        as a lump sum or a periodic payment pursuant to the Settlement 
        shall not be--
                    (A) included in gross income; or
                    (B) taken into consideration for purposes of 
                applying any provision of the Internal Revenue Code 
                that takes into account excludable income in computing 
                adjusted gross income or modified adjusted gross 
                income, including section 86 of that Code (relating to 
                Social Security and tier 1 railroad retirement 
                benefits).
            (2) Other benefits.--Notwithstanding any other provision of 
        law, for purposes of determining initial eligibility, ongoing 
        eligibility, or level of benefits under any Federal or 
        federally assisted program, amounts received by an individual 
        Indian as a lump sum or a periodic payment pursuant to the 
        Settlement shall not be treated for any household member, 
        during the 1-year period beginning on the date of receipt--
                    (A) as income for the month during which the 
                amounts were received; or
                    (B) as a resource.
    (g) Incentive Awards and Award of Attorneys' Fees, Expenses, and 
Costs Under Settlement Agreement.--
            (1) In general.--Subject to paragraph (3), the court in the 
        Litigation shall determine the amount to which the Plaintiffs 
        in the Litigation may be entitled for incentive awards and for 
        attorneys' fees, expenses, and costs--
                    (A) in accordance with controlling law, including, 
                with respect to attorneys' fees, expenses, and costs, 
                any applicable rule of law requiring counsel to produce 
                contemporaneous time, expense, and cost records in 
                support of a motion for such fees, expenses, and costs; 
                and
                    (B) giving due consideration to the special status 
                of Class Members (as defined in the Settlement) as 
                beneficiaries of a federally created and administered 
                trust.
            (2) Notice of agreement on attorneys' fees, expenses, and 
        costs.--The description of the request of Class Counsel for an 
        amount of attorneys' fees, expenses, and costs required under 
        paragraph C.1.d. of the Settlement shall include a description 
        of all material provisions of the Agreement on Attorneys' Fees, 
        Expenses, and Costs.
            (3) Effect on agreement.--Nothing in this subsection limits 
        or otherwise affects the enforceability of the Agreement on 
        Attorneys' Fees, Expenses, and Costs.
    (h) Selection of Qualifying Bank.--The United States District Court 
for the District of Columbia, in exercising the discretion of the Court 
to approve the selection of any proposed Qualifying Bank (as defined in 
the Settlement) under paragraph A.1. of the Settlement, may consider 
any factors or circumstances regarding the proposed Qualifying Bank 
that the Court determines to be appropriate to protect the rights and 
interests of Class Members (as defined in the Settlement) in the 
amounts to be deposited in the Settlement Account (as defined in the 
Settlement).
    (i) Appointees to Special Board of Trustees.--The 2 members of the 
special board of trustees to be selected by the Secretary under 
paragraph G.3. of the Settlement shall be selected only after 
consultation with, and after considering the names of possible 
candidates timely offered by, federally recognized Indian tribes.
    (j) Trust Administration Class Adjustments.--
            (1) Funds.--
                    (A) In general.--In addition to the amounts 
                deposited pursuant to paragraph E.2. of the Settlement, 
                on final approval, the Secretary of the Treasury shall 
                deposit in the Trust Administration Adjustment Fund of 
                the Settlement Account (as defined in the Settlement) 
                $100,000,000 out of the amounts appropriated to pay 
                final judgments, awards, and compromise settlements 
                under section 1304 of title 31, United States Code, to 
                be allocated and paid by the Claims Administrator (as 
                defined in the Settlement and pursuant to paragraph 
                E.1.e of the Settlement) in accordance with this 
                subsection.
                    (B) Conditions met.--The conditions described in 
                section 1304 of title 31, United States Code, shall be 
                deemed to be met for purposes of subparagraph (A).
            (2) Adjustment.--
                    (A) In general.--After the calculation of the pro 
                rata share in Section E.4.b of the Settlement, the 
                Trust Administration Adjustment Fund shall be used to 
                increase the minimum payment to each Trust 
                Administration Class Member whose pro rata share is--
                            (i) zero; or
                            (ii) greater than zero, but who would, 
                        after adjustment under this subparagraph, 
                        otherwise receive a smaller Stage 2 payment 
                        than those Trust Administration Class Members 
                        described in clause (i).
                    (B) Result.--The amounts in the Trust 
                Administration Adjustment Fund shall be applied in such 
                a manner as to ensure, to the extent practicable (as 
                determined by the court in the Litigation), that each 
                Trust Administration Class Member receiving amounts 
                from the Trust Administration Adjustment Fund receives 
                the same total payment under Stage 2 of the Settlement 
                after making the adjustments required by this 
                subsection.
            (3) Timing of payments.--The payments authorized by this 
        subsection shall be included with the Stage 2 payments under 
        paragraph E.4. of the Settlement.
    (k) Effect of Adjustment Provisions.--Notwithstanding any provision 
of this section, in the event that a court determines that the 
application of subsection (j) is unfair to the Trust Administration 
Class--
            (1) subsection (j) shall not go into effect; and
            (2) on final approval of the Settlement, in addition to the 
        amounts deposited into the Trust Land Consolidation Fund 
        pursuant to subsection (e), the Secretary of the Treasury shall 
        deposit in that Fund $100,000,000 out of amounts appropriated 
        to pay final judgments, awards, and compromise settlements 
        under section 1304 of title 31, United States Code (the 
        conditions of which section shall be deemed to be met for 
        purposes of this paragraph) to be used by the Secretary in 
        accordance with subsection (e).

     TITLE II--FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS 
                       DISCRIMINATION LITIGATION

SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN 
              RE BLACK FARMERS DISCRIMINATION LITIGATION.

    (a) Definitions.--In this section:
            (1) Settlement agreement.--The term ``Settlement 
        Agreement'' means the settlement agreement dated February 18, 
        2010 (including any modifications agreed to by the parties and 
        approved by the court under that agreement) between certain 
        plaintiffs, by and through their counsel, and the Secretary of 
        Agriculture to resolve, fully and forever, the claims raised or 
        that could have been raised in the cases consolidated in In re 
        Black Farmers Discrimination Litigation, Misc. No. 08-mc-0511 
        (PLF), including Pigford claims asserted under section 14012 of 
        the Food, Conservation, and Energy Act of 2008 (Public Law 110-
        246; 122 Stat. 2209).
            (2) Pigford claim.--The term ``Pigford claim'' has the 
        meaning given that term in section 14012(a)(3) of the Food, 
        Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
        Stat. 2210).
    (b) Appropriation of Funds.--There is appropriated to the Secretary 
of Agriculture $1,150,000,000, to remain available until expended, to 
carry out the terms of the Settlement Agreement if the Settlement 
Agreement is approved by a court order that is or becomes final and 
nonappealable, and the court finds that the Settlement Agreement is 
modified to incorporate the additional terms contained in subsection 
(g). The funds appropriated by this subsection are in addition to the 
$100,000,000 of funds of the Commodity Credit Corporation made 
available by section 14012(i) of the Food, Conservation, and Energy Act 
of 2008 (Public Law 110-246; 122 Stat. 2212) and shall be available for 
obligation only after those Commodity Credit Corporation funds are 
fully obligated. If the Settlement Agreement is not approved as 
provided in this subsection, the $100,000,000 of funds of the Commodity 
Credit Corporation made available by section 14012(i) of the Food, 
Conservation, and Energy Act of 2008 shall be the sole funding 
available for Pigford claims.
    (c) Use of Funds.--The use of the funds appropriated by subsection 
(b) shall be subject to the express terms of the Settlement Agreement.
    (d) Treatment of Remaining Funds.--If any of the funds appropriated 
by subsection (b) are not obligated and expended to carry out the 
Settlement Agreement, the Secretary of Agriculture shall return the 
unused funds to the Treasury and may not make the unused funds 
available for any purpose related to section 14012 of the Food, 
Conservation, and Energy Act of 2008, for any other settlement 
agreement executed in In re Black Farmers Discrimination Litigation, 
No. 08-511 (D.D.C.), or for any other purpose.
    (e) Rules of Construction.--Nothing in this section shall be 
construed as requiring the United States, any of its officers or 
agencies, or any other party to enter into the Settlement Agreement or 
any other settlement agreement. Nothing in this section shall be 
construed as creating the basis for a Pigford claim.
    (f) Conforming Amendments.--Section 14012 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 
2209) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``subsection (h)'' and inserting 
                ``subsection (g)''; and
                    (B) by striking ``subsection (i)'' and inserting 
                ``subsection (h)'';
            (2) by striking subsection (e);
            (3) in subsection (g), by striking ``subsection (f)'' and 
        inserting ``subsection (e)'';
            (4) in subsection (i)--
                    (A) by striking ``(1) In general.--Of the funds'' 
                and inserting ``Of the funds'';
                    (B) by striking paragraph (2); and
                    (C) by striking ``subsection (g)'' and inserting 
                ``subsection (f)'';
            (5) by striking subsection (j); and
            (6) by redesignating subsections (f), (g), (h), (i), and 
        (k) as subsections (e), (f), (g), (h), and (i), respectively.
    (g) Additional Settlement Terms.--For the purposes of this section 
and funding for the Settlement Agreement, the following are additional 
terms:
            (1) Definitions.--In this subsection:
                    (A) Settlement agreement.--The term ``Settlement 
                Agreement'' means the settlement, including any 
                modifications agreed to by the parties and approved by 
                the court, between the Secretary of Agriculture and 
                certain plaintiffs, by and through their counsel in 
                litigation titled Black Farmers Discrimination 
                Litigation, Misc. No. 08-mc-0511 (PLF).
                    (B) Neutral adjudicator.--
                            (i) In general.--The term ``Neutral 
                        Adjudicator'' means a Track A Neutral or a 
                        Track B Neutral as those terms are defined in 
                        the Settlement Agreement, who have been hired 
                        by Lead Class Counsel as that term is defined 
                        in the Settlement Agreement.
                            (ii) Requirement.--The Track A and B 
                        Neutrals called for in the Settlement Agreement 
                        shall be approved by the Secretary of the 
                        United States Department of Agriculture, the 
                        Attorney General, and the court.
            (2) Oath.--Every Neutral Adjudicator shall take an oath 
        administered by the court prior to hearing claims.
            (3) Additional documentation or evidence.--Any Neutral 
        Adjudicator may, during the course of hearing claims, require 
        claimants to provide additional documentation and evidence if, 
        in the Neutral Adjudicator's judgment, the additional 
        documentation and evidence would be necessary or helpful in 
        deciding the merits of the claim, or if the adjudicator 
        suspects fraud regarding the claim.
            (4) Attorneys fees, expenses, and costs.--
                    (A) In general.--Subject to subparagraph (B) and 
                the provisions of the Settlement Agreement regarding 
                attorneys' fee caps and maximum and minimum percentages 
                for awards of attorneys fees, the court shall make any 
                determination as to the amount of attorneys' fees, 
                expenses, and costs in accordance with controlling law, 
                including, with respect to attorneys' fees, expenses, 
                and costs, any applicable rule of law requiring counsel 
                to produce contemporaneous time, expenses, and cost 
                records in support of a motion for such fees, expenses, 
                and costs.
                    (B) Effect on agreement.--Nothing in this paragraph 
                limits or otherwise affects the enforceability of 
                provisions regarding attorneys' fees, expenses, and 
                costs that may be contained in the Settlement 
                Agreement.
            (5) Certification.--An attorney filing a claim on behalf of 
        a claimant shall swear, under penalty of perjury, that: ``to 
        the best of the attorney's knowledge, information, and belief 
        formed after an inquiry reasonable under the circumstances, the 
        claim is supported by existing law and the factual contentions 
        have evidentiary support''.
            (6) Distribution of claims determinations and settlement 
        funds.--In order to ensure full transparency of the 
        administration of claims under the Settlement Agreement, the 
        Claims Administrator as that term is defined in the Settlement 
        Agreement, shall provide to the Secretary of Agriculture, the 
        Inspector General of the Department of Agriculture, the 
        Attorney General, and Lead Class Counsel as that term is 
        defined in the Settlement Agreement, all information regarding 
        Distribution of Claims Determinations and Settlement Funds 
        described in the Settlement Agreement.
    (h) Reports.--
            (1) Government accountability office.--
                    (A) In general.--The Comptroller General of the 
                United States shall evaluate the internal controls 
                (including internal controls concerning fraud and 
                abuse) created to carry out the terms of the Settlement 
                Agreement, and report to the Congress at least 2 times 
                throughout the duration of the claims adjudication 
                process on the results of this evaluation.
                    (B) Access to information.--Solely for purposes of 
                conducting the evaluation under subparagraph (A), the 
                Comptroller General shall have access, upon request, to 
                the claims administrator, the claims adjudicators, and 
                related officials, appointed in connection with the 
                aforementioned settlement, and to any information and 
                records generated, used, or received by them, including 
                names and addresses.
            (2) USDA inspector general.--
                    (A) Performance audit.--The Inspector General of 
                the Department of Agriculture shall, within 180 days of 
                the initial adjudication of claims, and subsequently as 
                appropriate, perform a performance audit based on a 
                statistical sampling of adjudicated claims.
                    (B) Audit recipients.--The audits described in 
                clause (i) shall be provided to Secretary of 
                Agriculture and the Attorney General.

   TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``White Mountain Apache Tribe Water 
Rights Quantification Act of 2010''.

SEC. 302. PURPOSES.

    The purposes of this title are--
            (1) to authorize, ratify, and confirm the Agreement;
            (2) to authorize and direct the Secretary to execute the 
        Agreement and take any other action necessary to carry out all 
        obligations of the Secretary under the Agreement in accordance 
        with this title;
            (3) to authorize the amounts necessary for the United 
        States to meet the obligations of the United States under the 
        Agreement and this title; and
            (4) to permanently resolve certain damage claims and all 
        water rights claims among--
                    (A) the Tribe and its members;
                    (B) the United States, acting as trustee for the 
                Tribe and its members;
                    (C) the parties to the Agreement; and
                    (D) all other claimants seeking to determine the 
                nature and extent of the water rights of the Tribe, its 
                members, the United States, acting as trustee for the 
                Tribe and its members, and other claimants in--
                            (i) the consolidated civil action in the 
                        Superior Court of the State of Arizona for the 
                        County of Maricopa styled In re the General 
                        Adjudication of All Rights To Use Water In The 
                        Gila River System and Source, W-1 (Salt), W-2 
                        (Verde), W-3 (Upper Gila), W-4 (San Pedro); and
                            (ii) the civil action pending in the 
                        Superior Court of the State of Arizona for the 
                        County of Apache styled In re the General 
                        Adjudication of All Rights to Use Water in the 
                        Little Colorado River System and Source and 
                        numbered CIV-6417.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Agreement.--The term ``Agreement'' means--
                    (A) the WMAT Water Rights Quantification Agreement 
                dated January 13, 2009; and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to that Agreement that are--
                            (i) made in accordance with this title; or
                            (ii) otherwise approved by the Secretary.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) CAP.--The term ``CAP'' means the reclamation project 
        authorized and constructed by the United States in accordance 
        with title III of the Colorado River Basin Project Act (43 
        U.S.C. 1521 et seq.).
            (4) CAP contractor.--The term ``CAP contractor'' means an 
        individual or entity that has entered into a long-term contract 
        (as that term is used in the repayment stipulation) with the 
        United States for delivery of water through the CAP system.
            (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' has the meaning given the term in the repayment 
        stipulation.
            (6) CAP m&i priority water.--The term ``CAP M&I priority 
        water'' means the CAP water having a municipal and industrial 
        delivery priority under the repayment contract.
            (7) CAP subcontractor.--The term ``CAP subcontractor'' 
        means an individual or entity that has entered into a long-term 
        subcontract (as that term is used in the repayment stipulation) 
        with the United States and the District for the delivery of 
        water through the CAP system.
            (8) CAP system.--The term ``CAP system'' means--
                    (A) the Mark Wilmer Pumping Plant;
                    (B) the Hayden-Rhodes Aqueduct;
                    (C) the Fannin-McFarland Aqueduct;
                    (D) the Tucson Aqueduct;
                    (E) any pumping plant or appurtenant works of a 
                feature described in any of subparagraphs (A) through 
                (D); and
                    (F) any extension of, addition to, or replacement 
                for a feature described in any of subparagraphs (A) 
                through (E).
            (9) CAP water.--The term ``CAP water'' means ``Project 
        Water'' (as that term is defined in the repayment stipulation).
            (10) Contract.--The term ``Contract'' means--
                    (A) the proposed contract between the Tribe and the 
                United States attached as exhibit 7.1 to the Agreement 
                and numbered 08-XX-30-W0529; and
                    (B) any amendments to that contract.
            (11) District.--The term ``District'' means the Central 
        Arizona Water Conservation District, a political subdivision of 
        the State that is the contractor under the repayment contract.
            (12) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 309(d)(1).
            (13) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (14) Injury to water rights.--
                    (A) In general.--The term ``injury to water 
                rights'' means an interference with, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                    (B) Inclusions.--The term ``injury to water 
                rights'' includes--
                            (i) a change in the groundwater table; and
                            (ii) any effect of such a change.
                    (C) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
            (15) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
            (16) Off-reservation trust land.--The term ``off-
        reservation trust land'' means land--
                    (A) located outside the exterior boundaries of the 
                reservation that is held in trust by the United States 
                for the benefit of the Tribe as of the enforceability 
                date; and
                    (B) depicted on the map attached to the Agreement 
                as exhibit 2.57.
            (17) Operating agency.--The term ``Operating Agency'' means 
        the 1 or more entities authorized to assume responsibility for 
        the care, operation, maintenance, and replacement of the CAP 
        system.
            (18) Repayment contract.--The term ``repayment contract'' 
        means--
                    (A) the contract between the United States and the 
                District for delivery of water and repayment of the 
                costs of the CAP, numbered 14-06-W-245 (Amendment No. 
                1), and dated December 1, 1988; and
                    (B) any amendment to, or revision of, that 
                contract.
            (19) Repayment stipulation.--The term ``repayment 
        stipulation'' means the stipulated judgment and the stipulation 
        for judgment (including any exhibits to those documents) 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action styled Central Arizona Water Conservation District v. 
        United States, et al., and numbered CIV 95-625-TUC-WDB (EHC) 
        and CIV 95-1720-PHX-EHC.
            (20) Reservation.--
                    (A) In general.--The term ``reservation'' means the 
                land within the exterior boundary of the White Mountain 
                Indian Reservation established by the Executive order 
                dated November 9, 1871, as modified by subsequent 
                Executive orders and Acts of Congress--
                            (i) known on the date of enactment of this 
                        Act as the ``Fort Apache Reservation'' pursuant 
                        to chapter 3 of the Act of June 7, 1897 (30 
                        Stat. 62); and
                            (ii) generally depicted on the map attached 
                        to the Agreement as exhibit 2.81.
                    (B) No effect on dispute or as admission.--The 
                depiction of the reservation described in subparagraph 
                (A)(ii) shall not--
                            (i) be used to affect any dispute between 
                        the Tribe and the United States concerning the 
                        legal boundary of the reservation; or
                            (ii) constitute an admission by the Tribe 
                        with regard to any dispute between the Tribe 
                        and the United States concerning the legal 
                        boundary of the reservation.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) State.--The term ``State'' means the State of Arizona.
            (23) Tribal cap water.--The term ``tribal CAP water'' means 
        the CAP water to which the Tribe is entitled pursuant to the 
        Contract.
            (24) Tribal water rights.--The term ``tribal water rights'' 
        means the water rights of the Tribe described in paragraph 4.0 
        of the Agreement.
            (25) Tribe.--The term ``Tribe'' means the White Mountain 
        Apache Tribe organized under section 16 of the Act of June 18, 
        1934 (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 476).
            (26) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
            (27) WMAT rural water system.--The term ``WMAT rural water 
        system'' means the municipal, rural, and industrial water 
        diversion, storage, and delivery system described in section 
        307.
            (28) Year.--The term ``year'' means a calendar year.

SEC. 304. APPROVAL OF AGREEMENT.

    (a) Approval.--
            (1) In general.--Except to the extent that any provision of 
        the Agreement conflicts with a provision of this title, the 
        Agreement is authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Agreement is 
        authorized, ratified, and confirmed, to the extent that such 
        amendment is executed to make the Agreement consistent with 
        this title.
    (b) Execution of Agreement.--
            (1) In general.--To the extent that the Agreement does not 
        conflict with this title, the Secretary shall promptly--
                    (A) execute the Agreement, including all exhibits 
                to the Agreement requiring the signature of the 
                Secretary; and
                    (B) in accordance with the Agreement, execute any 
                amendment to the Agreement, including any amendment to 
                any exhibit to the Agreement requiring the signature of 
                the Secretary, that is not inconsistent with this 
                title; and
            (2) Discretion of the secretary.--The Secretary may execute 
        any other amendment to the Agreement, including any amendment 
        to any exhibit to the Agreement requiring the signature of the 
        Secretary, that is not inconsistent with this title if the 
        amendment does not require congressional approval pursuant to 
        the Trade and Intercourse Act (25 U.S.C. 177) or other 
        applicable Federal law (including regulations).
    (c) National Environmental Policy Act.--
            (1) Environmental compliance.--In implementing the 
        Agreement and carrying out this title, the Secretary shall 
        promptly comply with all applicable requirements of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (C) all other applicable Federal environmental 
                laws; and
                    (D) all regulations promulgated under the laws 
                described in subparagraphs (A) through (C).
            (2) Execution of agreement.--
                    (A) In general.--Execution of the Agreement by the 
                Secretary under this section shall not constitute a 
                major Federal action under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Environmental compliance.--The Secretary shall 
                carry out all necessary environmental compliance 
                activities required by Federal law in implementing the 
                Agreement.
            (3) Lead agency.--The Bureau shall serve as the lead agency 
        with respect to ensuring environmental compliance associated 
        with the WMAT rural water system.

SEC. 305. WATER RIGHTS.

    (a) Treatment of Tribal Water Rights.--The tribal water rights--
            (1) shall be held in trust by the United States on behalf 
        of the Tribe; and
            (2) shall not be subject to forfeiture or abandonment.
    (b) Reallocation.--
            (1) In general.--In accordance with this title and the 
        Agreement, the Secretary shall reallocate to the Tribe, and 
        offer to enter into a contract with the Tribe for the delivery 
        in accordance with this section of--
                    (A) an entitlement to 23,782 acre-feet per year of 
                CAP water that has a non-Indian agricultural delivery 
                priority (as defined in the Contract) in accordance 
                with section 104(a)(1)(A)(iii) of the Arizona Water 
                Settlements Act (Public Law 108-451; 118 Stat. 3488), 
                of which--
                            (i) 3,750 acre-feet per year shall be 
                        firmed by the United States for the benefit of 
                        the Tribe for the 100-year period beginning on 
                        January 1, 2008, with priority equivalent to 
                        CAP M&I priority water, in accordance with 
                        section 105(b)(1)(B) of that Act (118 Stat. 
                        3492); and
                            (ii) 3,750 acre-feet per year shall be 
                        firmed by the State for the benefit of the 
                        Tribe for the 100-year period beginning on 
                        January 1, 2008, with priority equivalent to 
                        CAP M&I priority water, in accordance with 
                        section 105(b)(2)(B) of that Act (118 Stat. 
                        3492); and
                    (B) an entitlement to 1,218 acre-feet per year of 
                the water--
                            (i) acquired by the Secretary through the 
                        permanent relinquishment of the Harquahala 
                        Valley Irrigation District CAP subcontract 
                        entitlement in accordance with the contract 
                        numbered 3-07-30-W0290 among the District, 
                        Harquahala Valley Irrigation District, and the 
                        United States; and
                            (ii) converted to CAP Indian Priority water 
                        (as defined in the Contract) pursuant to the 
                        Fort McDowell Indian Community Water Rights 
                        Settlement Act of 1990 (Public Law 101-628; 104 
                        Stat. 4480).
            (2) Authority of tribe.--Subject to approval by the 
        Secretary under section 306(a)(1), the Tribe shall have the 
        sole authority to lease, distribute, exchange, or allocate the 
        tribal CAP water described in paragraph (1).
    (c) Water Service Capital Charges.--The Tribe shall not be 
responsible for any water service capital charge for tribal CAP water.
    (d) Allocation and Repayment.--For the purpose of determining the 
allocation and repayment of costs of any stage of the CAP constructed 
after November 21, 2007, the costs associated with the delivery of 
water described in subsection (b), regardless of whether the water is 
delivered for use by the Tribe or in accordance with any assignment, 
exchange, lease, option to lease, or other agreement for the temporary 
disposition of water entered into by the Tribe, shall be--
            (1) nonreimbursable; and
            (2) excluded from the repayment obligation of the District.
    (e) Water Code.--Not later than 18 months after the enforceability 
date, the Tribe shall enact a water code that--
            (1) governs the tribal water rights; and
            (2) includes, at a minimum--
                    (A) provisions requiring the measurement, 
                calculation, and recording of all diversions and 
                depletions of water on the reservation and on off-
                reservation trust land;
                    (B) terms of a water conservation plan, including 
                objectives, conservation measures, and an 
                implementation timeline;
                    (C) provisions requiring the approval of the Tribe 
                for the severance and transfer of rights to the use of 
                water from historically irrigated land identified in 
                paragraph 11.3.2.1 of the Agreement to diversions and 
                depletions on other non-historically irrigated land not 
                located on the watershed of the same water source; and
                    (D) provisions requiring the authorization of the 
                Tribe for all diversions of water on the reservation 
                and on off-reservation trust land by any individual or 
                entity other than the Tribe.

SEC. 306. CONTRACT.

    (a)  In General.--The Secretary shall enter into the Contract, in 
accordance with the Agreement, to provide, among other things, that--
            (1) the Tribe, on approval of the Secretary, may--
                    (A) enter into contracts or options to lease, 
                contracts to exchange, or options to exchange tribal 
                CAP water in Maricopa, Pinal, Pima, and Yavapai 
                Counties in the State providing for the temporary 
                delivery to any individual or entity of any portion of 
                the tribal CAP water, subject to the condition that--
                            (i) the term of the contract or option to 
                        lease shall not be longer than 100 years;
                            (ii) the contracts or options to exchange 
                        shall be for the term provided in the contract 
                        or option; and
                            (iii) a lease or option to lease providing 
                        for the temporary delivery of tribal CAP water 
                        shall require the lessee to pay to the 
                        Operating Agency all CAP fixed OM&R charges and 
                        all CAP pumping energy charges (as defined in 
                        the repayment stipulation) associated with the 
                        leased water; and
                    (B) renegotiate any lease at any time during the 
                term of the lease, subject to the condition that the 
                term of the renegotiated lease shall not exceed 100 
                years;
            (2) no portion of the tribal CAP water may be permanently 
        alienated;
            (3)(A) the Tribe (and not the United States in any 
        capacity) shall be entitled to all consideration due to the 
        Tribe under any contract or option to lease or exchange tribal 
        CAP water entered into by the Tribe; and
            (B) the United States (in any capacity) has no trust or 
        other obligation to monitor, administer, or account for, in any 
        manner--
                    (i) any funds received by the Tribe as 
                consideration under a contract or option to lease or 
                exchange tribal CAP water; or
                    (ii) the expenditure of those funds;
            (4)(A) all tribal CAP water shall be delivered through the 
        CAP system; and
            (B) if the delivery capacity of the CAP system is 
        significantly reduced or anticipated to be significantly 
        reduced for an extended period of time, the Tribe shall have 
        the same CAP delivery rights as a CAP contractor or CAP 
        subcontractor that is allowed to take delivery of water other 
        than through the CAP system;
            (5) the Tribe may use tribal CAP water on or off the 
        reservation for any purpose;
            (6) as authorized by subsection (f)(2)(A) of section 403 of 
        the Colorado River Basin Project Act (43 U.S.C. 1543) and to 
        the extent that funds are available in the Lower Colorado River 
        Basin Development Fund established by subsection (a) of that 
        section, the United States shall pay to the Operating Agency 
        the CAP fixed OM&R charges associated with the delivery of 
        tribal CAP water (except in the case of tribal CAP water leased 
        by any individual or entity);
            (7) the Secretary shall waive the right of the Secretary to 
        capture all return flow from project exchange water flowing 
        from the exterior boundary of the reservation; and
            (8) no CAP water service capital charge shall be due or 
        payable for the tribal CAP water, regardless of whether the 
        water is delivered for use by the Tribe or pursuant to a 
        contract or option to lease or exchange tribal CAP water 
        entered into by the Tribe.
    (b) Requirements.--The Contract shall be--
            (1) for permanent service (within the meaning of section 5 
        of the Boulder Canyon Project Act (43 U.S.C. 617d)); and
            (2) without limit as to term.
    (c) Ratification.--
            (1) In general.--Except to the extent that any provision of 
        the Contract conflicts with a provision of this title, the 
        Contract is authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Contract is 
        authorized, ratified, and confirmed, to the extent that such 
        amendment is executed to make the Contract consistent with this 
        title.
    (d) Execution of Contract.--To the extent that the Contract does 
not conflict with this title, the Secretary shall execute the Contract.
    (e) Payment of Charges.--The Tribe, and any recipient of tribal CAP 
water through a contract or option to lease or exchange, shall not be 
obligated to pay a water service capital charge or any other charge, 
payment, or fee for CAP water, except as provided in an applicable 
lease or exchange agreement.
    (f) Prohibitions.--
            (1) Use outside state.--No tribal CAP water may be leased, 
        exchanged, forborne, or otherwise transferred by the Tribe in 
        any way for use directly or indirectly outside the State.
            (2) Use off reservation.--Except as authorized by this 
        section and paragraph 4.7 of the Agreement, no tribal water 
        rights under this title may be sold, leased, transferred, or 
        used outside the boundaries of the reservation or off-
        reservation trust land other than pursuant to an exchange.
            (3) Agreements with arizona water banking authority.--
        Nothing in this title or the Agreement limits the right of the 
        Tribe to enter into an agreement with the Arizona Water Banking 
        Authority (or any successor entity) established by section 45-
        2421 of the Arizona Revised Statutes in accordance with State 
        law.
    (g) Leases.--
            (1) In general.--To the extent that the leases of tribal 
        CAP Water by the Tribe to the District and to any of the cities 
        in the State, attached as exhibits to the Agreement, are not in 
        conflict with the provisions of this title--
                    (A) those leases are authorized, ratified, and 
                confirmed; and
                    (B) the Secretary shall execute the leases.
            (2) Amendments.--To the extent that amendments are executed 
        to make the leases described in paragraph (1) consistent with 
        this title, those amendments are authorized, ratified, and 
        confirmed.

SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM.

    (a) In General.--Consistent with subsections (a) and (e) of section 
312 and subsection (h) of this section, the Secretary, acting through 
the Bureau, shall plan, design, and construct the WMAT rural water 
system to divert, store, and distribute water from the North Fork of 
the White River to the Tribe that shall consist of--
            (1) a dam and storage reservoir, pumping plant, and 
        treatment facilities located along the North Fork of the White 
        River near the community of Whiteriver;
            (2) a distribution system consisting of pipelines extending 
        from the treatment facilities to existing water distribution 
        systems serving the communities of Whiteriver, Fort Apache, 
        Canyon Day, Cedar Creek, Carrizo, and Cibecue;
            (3) connections to existing distribution facilities for the 
        communities described in paragraph (2), but not including any 
        upgrades of, or improvements to, existing or future public 
        water systems for the communities described in paragraph (2) 
        that may be necessary to accommodate increased demand and flow 
        rates (and any associated changes in water quality);
            (4) connections to additional communities along the 
        pipeline, provided that the additional connections may be added 
        to the distribution system described in paragraph (2) at the 
        expense of the Tribe;
            (5) appurtenant buildings and access roads;
            (6) electrical power transmission and distribution 
        facilities necessary for operation of the project; and
            (7) any other project components that the Secretary, in 
        consultation with the Tribe, determines to be necessary.
    (b) Modifications.--The Secretary and the Tribe--
            (1) may modify the components of the WMAT rural water 
        system described in subsection (a) by mutual agreement; and
            (2) shall make all modifications required under subsection 
        (c)(2).
    (c) Final Project Design.--
            (1) In general.--The Secretary shall issue a final project 
        design of the WMAT rural water system, including the dam, 
        pumping plants, pipeline, and treatment plant, that is 
        generally consistent with the project extension report dated 
        February 2007 after the completion of--
                    (A) any appropriate environmental compliance 
                activity; and
                    (B) the review process described in paragraph (2).
            (2) Review.--
                    (A) In general.--The Secretary shall review the 
                proposed design of the WMAT rural water system and 
                perform value engineering analyses.
                    (B) Results.--Taking into consideration the review 
                under subparagraph (A), the Secretary, in consultation 
                with the Tribe, shall require appropriate changes to 
                the design, so that the final design--
                            (i) meets Bureau of Reclamation design 
                        standards;
                            (ii) to the maximum extent practicable, 
                        incorporates any changes that would improve the 
                        cost-effectiveness of the delivery of water 
                        through the WMAT rural water system; and
                            (iii) may be constructed for the amounts 
                        made available under section 312.
    (d) Conveyance of Title.--
            (1) In general.--Title to the WMAT rural water system shall 
        be held by the United States until title to the WMAT rural 
        water system is conveyed by the Secretary to the Tribe pursuant 
        to paragraph (2).
            (2) Conveyance to tribe.--The Secretary shall convey to the 
        Tribe title to the WMAT rural water system not later than 30 
        days after the date on which the Secretary publishes in the 
        Federal Register a statement of findings that--
                    (A) the operating criteria, standing operating 
                procedures, emergency action plan, and first filling 
                and monitoring criteria of the designers have been 
                established and are in place;
                    (B) the WMAT rural water system has operated under 
                the standing operating procedures of the designers, 
                with the participation of the Tribe, for a period of 3 
                years;
                    (C) the Secretary has provided the Tribe with 
                technical assistance on the manner by which to operate 
                and maintain the WMAT rural water system;
                    (D) the funds made available under section 
                312(b)(3)(B) have been deposited in the WMAT 
                Maintenance Fund; and
                    (E) the WMAT rural water system--
                            (i) is substantially complete, as 
                        determined by the Secretary; and
                            (ii) satisfies the requirement that--
                                    (I) the infrastructure constructed 
                                is capable of storing, diverting, 
                                treating, transmitting, and 
                                distributing a supply of water as set 
                                forth in the final project design 
                                described in subsection (c); and
                                    (II) the Secretary has consulted 
                                with the Tribe regarding the proposed 
                                finding that the WMAT rural water 
                                system is substantially complete.
    (e) Alienation and Taxation.--
            (1) In general.--Conveyance of title to the Tribe pursuant 
        to subsection (d) does not waive or alter any applicable 
        Federal law (including regulations) prohibiting alienation or 
        taxation of the WMAT rural water system or the underlying 
        reservation land.
            (2) Alienation of wmat rural water system.--The WMAT rural 
        water system, including the components of the WMAT rural water 
        system, shall not be alienated, encumbered, or conveyed in any 
        manner by the Tribe, unless a reconveyance is authorized by an 
        Act of Congress enacted after the date of enactment of this 
        Act.
    (f) Operation and Maintenance.--
            (1) In general.--Consistent with subsections (d) and (e) of 
        section 312, the Secretary, acting through the Bureau and in 
        cooperation with the Tribe, shall operate, maintain, and 
        replace the WMAT rural water system until the date on which 
        title to the WMAT rural water system is transferred to the 
        Tribe pursuant to subsection (d)(2).
            (2) Limitation.--
                    (A) In general.--Beginning on the date on which 
                title to the WMAT rural water system is transferred to 
                the Tribe pursuant to subsection (d)(2), the United 
                States shall have no obligation to pay for the 
                operation, maintenance, or replacement costs of the 
                WMAT rural water system.
                    (B) Limitation on liability.--Effective on the date 
                on which the Secretary publishes a statement of 
                findings in the Federal Register pursuant to subsection 
                (d)(2), the United States shall not be held liable by 
                any court for damages arising out of any act, omission, 
                or occurrence relating to the land or facilities 
                conveyed, other than damages caused by any intentional 
                act or act of negligence committed by the United 
                States, or by employees or agents of the United States, 
                prior to the date on which the Secretary publishes a 
                statement of findings in the Federal Register pursuant 
                to subsection (d)(2).
    (g) Right To Review.--
            (1) In general.--The statement of findings published by the 
        Secretary pursuant to subsection (d)(2) shall be considered to 
        be a final agency action subject to judicial review under 
        sections 701 through 706 of title 5, United States Code.
            (2) Effect of title.--Nothing in this title gives the Tribe 
        or any other party the right to judicial review of the 
        determination by the Secretary under subsection (d) except 
        under subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as the ``Administrative 
        Procedure Act'').
    (h) Applicability of ISDEAA.--
            (1) Agreement for specific activities.--On receipt of a 
        request of the Tribe, and in accordance with the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.), the Secretary shall enter into 1 or more agreements with 
        the Tribe to carry out the activities authorized by this 
        section.
            (2) Contracts.--Any contract entered into pursuant to the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) for the purpose of carrying out any 
        provision of this title shall incorporate such provisions 
        regarding periodic payment of funds, timing for use of funds, 
        transparency, oversight, reporting, and accountability as the 
        Secretary determines to be necessary (at the sole discretion of 
        the Secretary) to ensure appropriate stewardship of Federal 
        funds.
    (i) Final Designs; Project Construction.--
            (1) Final designs.--All designs for the WMAT rural water 
        system shall--
                    (A) conform to Bureau design standards; and
                    (B) be subject to review and approval by the 
                Secretary.
            (2) Project construction.--Each project component of the 
        WMAT rural water system shall be constructed pursuant to 
        designs and specifications approved by the Secretary, and all 
        construction work shall be subject to inspection and approval 
        by the Secretary.
    (j) Condition.--As a condition of construction of the facilities 
authorized by this section, the Tribe shall provide, at no cost to the 
Secretary, all land or interests in land that the Secretary identifies 
as necessary for the construction, operation, and maintenance of those 
facilities.

SEC. 308. SATISFACTION OF CLAIMS.

    (a) In General.--Except as set forth in the Agreement, the benefits 
realized by the Tribe and its members under this title shall be in full 
satisfaction of all claims of the Tribe, its members, and the United 
States, acting as trustee for the benefit of the Tribe and its members, 
for water rights and injury to water rights under Federal, State, or 
other law with respect to the reservation and off-reservation trust 
land.
    (b) Uses of Water.--All uses of water on land outside of the 
reservation, if and when that land is subsequently and finally 
determined to be part of the reservation through resolution of any 
dispute between the Tribe and the United States over the location of 
the reservation boundary, and any fee land within the reservation 
placed into trust and made part of the reservation, shall be subject to 
the maximum annual diversion amounts and the maximum annual depletion 
amounts specified in the Agreement.
    (c) No Recognition of Water Rights.--Notwithstanding subsection 
(a), nothing in this title recognizes or establishes any right of a 
member of the Tribe to water on the reservation.

SEC. 309. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.---
            (1) Claims against the state and others.--Except for the 
        specifically retained claims described in subsection (b)(1), 
        the Tribe, on behalf of itself and its members, and the United 
        States, acting in its capacity as trustee for the Tribe and its 
        members, as part of the performance of the respective 
        obligations of the United States and the Tribe under the 
        Agreement, are authorized to execute a waiver and release of 
        any claims against the State (or any agency or political 
        subdivision of the State), or any other person, entity, 
        corporation, or municipal corporation under Federal, State, or 
        other law for all--
                    (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                    (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever, that are based on aboriginal occupancy of land 
                by the Tribe, its members, or their predecessors;
                    (B)(i) past and present claims for injury to water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial through the 
                enforceability date;
                    (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever, that are based on aboriginal 
                occupancy of land by the Tribe, its members, or their 
                predecessors; and
                    (iii) claims for injury to water rights arising 
                after the enforceability date for the reservation and 
                off-reservation trust land resulting from off-
                reservation diversion or use of water in a manner that 
                is not in violation of the Agreement or State law; and
                    (C) past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgement or decree, or this title.
            (2) Claims against tribe.--Except for the specifically 
        retained claims described in subsection (b)(3), the United 
        States, in all capacities (except as trustee for an Indian 
        tribe other than the Tribe), as part of the performance of its 
        obligations under the Agreement, is authorized to execute a 
        waiver and release of any and all claims against the Tribe, its 
        members, or any agency, official, or employee of the Tribe, 
        under Federal, State, or any other law for all--
                    (A) past and present claims for injury to water 
                rights resulting from the diversion or use of water on 
                the reservation and on off-reservation trust land 
                arising from time immemorial through the enforceability 
                date;
                    (B) claims for injury to water rights arising after 
                the enforceability date resulting from the diversion or 
                use of water on the reservation and on off-reservation 
                trust land in a manner that is not in violation of the 
                Agreement; and
                    (C) past, present, and future claims arising out of 
                or related in any manner to the negotiation, execution, 
                or adoption of the Agreement, an applicable settlement 
                judgement or decree, or this title.
            (3) Claims against united states.--Except for the 
        specifically retained claims described in subsection (b)(2), 
        the Tribe, on behalf of itself and its members, as part of the 
        performance of the obligations of the Tribe under the 
        Agreement, is authorized to execute a waiver and release of any 
        claim against the United States, including agencies, officials, 
        or employees of the United States (except in the capacity of 
        the United States as trustee for other Indian tribes), under 
        Federal, State, or other law for any and all--
                    (A)(i) past, present, and future claims for water 
                rights for the reservation and off-reservation trust 
                land arising from time immemorial and, thereafter, 
                forever; and
                    (ii) past, present, and future claims for water 
                rights arising from time immemorial and, thereafter, 
                forever that are based on aboriginal occupancy of land 
                by the Tribe, its members, or their predecessors;
                    (B)(i) past and present claims relating in any 
                manner to damages, losses, or injuries to water, water 
                rights, land, or other resources due to loss of water 
                or water rights (including damages, losses, or injuries 
                to hunting, fishing, gathering, or cultural rights due 
                to loss of water or water rights, claims relating to 
                interference with, diversion, or taking of water, or 
                claims relating to failure to protect, acquire, or 
                develop water, water rights, or water infrastructure) 
                within the reservation and off-reservation trust land 
                that first accrued at any time prior to the 
                enforceability date;
                    (ii) past, present, and future claims for injury to 
                water rights arising from time immemorial and, 
                thereafter, forever that are based on aboriginal 
                occupancy of land by the Tribe, its members, or their 
                predecessors; and
                    (iii) claims for injury to water rights arising 
                after the enforceability date for the reservation and 
                off-reservation trust land resulting from the off-
                reservation diversion or use of water in a manner that 
                is not in violation of the Agreement or applicable law;
                    (C) past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Agreement, an applicable 
                settlement judgment or decree, or this title;
                    (D) past and present claims relating in any manner 
                to pending litigation of claims relating to the water 
                rights of the Tribe for the reservation and off-
                reservation trust land;
                    (E) past and present claims relating to the 
                operation, maintenance, and replacement of existing 
                irrigation systems on the reservation constructed prior 
                to the enforceability date that first accrued at any 
                time prior to the enforceability date, which waiver 
                shall only become effective on the full appropriation 
                and payment to the Tribe of $4,950,000 of the amounts 
                made available under section 312(b)(2)(B);
                    (F) any claims relating to operation, maintenance, 
                and replacement of the WMAT rural water system, which 
                waiver shall only become effective on the date on which 
                funds are made available under section 312(b)(3)(B) and 
                deposited in the WMAT Maintenance Fund;
                    (G) past and present breach of trust and negligence 
                claims for damage to the land and natural resources of 
                the Tribe caused by riparian and other vegetative 
                manipulation by the United States for the purpose of 
                increasing water runoff from the reservation that first 
                accrued at any time prior to the enforceability date; 
                and
                    (H) past and present claims for trespass, use, and 
                occupancy of the reservation in, on, and along the 
                Black River that first accrued at any time prior to the 
                enforceability date.
            (4) Effect on boundary claims.--Nothing in this title 
        expands, diminishes, or impacts any claims the Tribe may 
        assert, or any defense the United States may assert, concerning 
        title to land outside the most current survey, as of the date 
        of enactment of this Act, of the northern boundary of the 
        reservation.
    (b) Reservation of Rights and Retention of Claims.--
            (1) Reservation of rights and retention of claims by tribe 
        and united states.--
                    (A) In general.--Notwithstanding the waiver and 
                release of claims authorized under subsection (a)(1), 
                the Tribe, on behalf of itself and its members, and the 
                United States, acting as trustee for the Tribe and its 
                members, shall retain any right--
                            (i) subject to subparagraph 16.9 of the 
                        Agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Tribe and its members under the Agreement or 
                        this title in any Federal or State court of 
                        competent jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Gila River adjudication 
                        proceedings;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Tribe 
                        under the judgment and decree entered by the 
                        court in the Little Colorado River adjudication 
                        proceedings;
                            (iv) to object to any claims by or for any 
                        other Indian tribe, Indian community or nation, 
                        or dependent Indian community, or the United 
                        States on behalf of such a tribe, community, or 
                        nation;
                            (v) to participate in the Gila River 
                        adjudication proceedings and the Little 
                        Colorado River adjudication proceedings to the 
                        extent provided in subparagraph 14.1 of the 
                        Agreement;
                            (vi) to assert any claims arising after the 
                        enforceability date for injury to water rights 
                        not specifically waived under this section;
                            (vii) to assert any past, present, or 
                        future claim for injury to water rights against 
                        any other Indian tribe, Indian community or 
                        nation, dependent Indian community, allottee, 
                        or the United States on behalf of such a tribe, 
                        community, nation, or allottee;
                            (viii) to assert any past, present, or 
                        future claim for trespass, use, and occupancy 
                        of the reservation in, on, or along the Black 
                        River against Freeport-McMoRan Copper & Gold, 
                        Inc., Phelps Dodge Corporation, or Phelps Dodge 
                        Morenci, Inc. (or a predecessor or successor of 
                        those entities), including all subsidiaries and 
                        affiliates of those entities; and
                            (ix) to assert claims arising after the 
                        enforceability date for injury to water rights 
                        resulting from the pumping of water from land 
                        located within national forest land as of the 
                        date of the Agreement in the south \1/2\ of T. 
                        9 N., R. 24 E., the south \1/2\ of T. 9 N., R. 
                        25 E., the north \1/2\ of T. 8 N., R. 24 E., or 
                        the north \1/2\ of T. 8 N., R. 25 E., if water 
                        from the land is used on the land or is 
                        transported off the land for municipal, 
                        commercial, or industrial use.
                    (B) Agreement.--On terms acceptable to the Tribe 
                and the United States, the Tribe and the United States 
                are authorized to enter into an agreement with 
                Freeport-McMoRan Copper & Gold, Inc., Phelps Dodge 
                Corporation, or Phelps Dodge Morenci, Inc. (or a 
                predecessor or successor of those entities), including 
                all subsidiaries and affiliates of those entities, to 
                resolve the claims of the Tribe relating to the 
                trespass, use, and occupancy of the reservation in, on, 
                and along the Black River.
            (2) Reservation of rights and retention of claims by tribe 
        against united states.--Notwithstanding the waiver and release 
        of claims authorized under subsection (a)(3), the Tribe, on 
        behalf of itself and its members, shall retain any right--
                    (A) subject to subparagraph 16.9 of the Agreement, 
                to assert claims for injuries to, and seek enforcement 
                of, the rights of the Tribe and its members under the 
                Agreement or this title, in any Federal or State court 
                of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Gila River adjudication proceedings;
                    (C) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Tribe and members 
                under the judgment and decree entered by the court in 
                the Little Colorado River adjudication proceedings;
                    (D) to object to any claims by or for any other 
                Indian tribe, Indian community or nation, or dependent 
                Indian community, or the United States on behalf of 
                such a tribe, community, or nation;
                    (E) to assert past, present, or future claims for 
                injury to water rights or any other claims other than a 
                claim to water rights, against any other Indian tribe, 
                Indian community or nation, or dependent Indian 
                community, or the United States on behalf of such a 
                tribe, community, or nation;
                    (F) to assert claims arising after the 
                enforceability date for injury to water rights 
                resulting from the pumping of water from land located 
                within national forest land as of the date of the 
                Agreement in the south \1/2\ of T. 9 N., R. 24 E., the 
                south \1/2\ of T. 9 N., R. 25 E., the north \1/2\ of T. 
                8 N., R. 24 E., or the north \1/2\ of T. 8 N., R. 25 
                E., if water from that land is used on the land or is 
                transported off the land for municipal, commercial, or 
                industrial use;
                    (G) to assert any claims arising after the 
                enforceability date for injury to water rights not 
                specifically waived under this section;
                    (H) to seek remedies and to assert any other claims 
                not specifically waived under this section; and
                    (I) to assert any claim arising after the 
                enforceability date for a future taking by the United 
                States of reservation land, off-reservation trust land, 
                or any property rights appurtenant to that land, 
                including any water rights set forth in paragraph 4.0 
                of the Agreement.
            (3) Reservation of rights and retention of claims by united 
        states.--Notwithstanding the waiver and release of claims 
        authorized under subsection (a)(2), the United States shall 
        retain any right to assert any claim not specifically waived in 
        that subsection.
    (c) Effectiveness of Waiver and Releases.--Except as otherwise 
specifically provided in subparagraphs (E) and (F) of subsection 
(a)(3), the waivers and releases under subsection (a) shall become 
effective on the enforceability date.
    (d) Enforceability Date.--
            (1) In general.--This section takes effect on the date on 
        which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A)(i) to the extent that the Agreement conflicts 
                with this title, the Agreement has been revised through 
                an amendment to eliminate the conflict; and
                    (ii) the Agreement, as so revised, has been 
                executed by the Secretary, the Tribe, and the Governor 
                of the State;
                    (B) the Secretary has fulfilled the requirements of 
                sections 305 and 306;
                    (C) the amount made available under section 312(a) 
                has been deposited in the White Mountain Apache Tribe 
                Water Rights Settlement Subaccount;
                    (D) the State funds described in subparagraph 13.3 
                of the Agreement have been deposited in the White 
                Mountain Apache Tribe Water Rights Settlement 
                Subaccount;
                    (E) the Secretary has issued a record of decision 
                approving the construction of the WMAT rural water 
                system in a configuration substantially similar to that 
                described in section 307;
                    (F) the judgments and decrees substantially in the 
                form of those attached to the Agreement as exhibits 
                12.9.6.1 and 12.9.6.2 have been approved by the 
                respective trial courts; and
                    (G) the waivers and releases authorized and set 
                forth in subsection (a) have been executed by the Tribe 
                and the Secretary.
            (2) Failure of enforceability date to occur.--If the 
        Secretary does not publish a statement of findings under 
        paragraph (1) by April 30, 2021--
                    (A) this title is repealed effective May 1, 2021, 
                and any activity by the Secretary to carry out this 
                title shall cease;
                    (B) any amounts made available under section 312 
                shall immediately revert to the general fund of the 
                Treasury;
                    (C) any other amounts deposited in the White 
                Mountain Apache Tribe Water Rights Settlement 
                Subaccount (including any amounts paid by the State in 
                accordance with the Agreement), together with any 
                interest accrued on those amounts, shall immediately be 
                returned to the respective sources of those funds; and
                    (D) the Tribe and its members, and the United 
                States, acting as trustee for the Tribe and its 
                members, shall retain the right to assert past, 
                present, and future water rights claims and claims for 
                injury to water rights for the reservation and off-
                reservation trust land.
            (3) No additional rights to water.--Beginning on the 
        enforceability date, all land held by the United States in 
        trust for the Tribe and its members shall have no rights to 
        water other than those specifically quantified for the Tribe 
        and the United States, acting as trustee for the Tribe and its 
        members, for the reservation and off-reservation trust land 
        pursuant to paragraph 4.0 of the Agreement.
    (e) United States Enforcement Authority.--Nothing in this title or 
the Agreement affects any right of the United States to take any 
action, including environmental actions, under any laws (including 
regulations and the common law) relating to human health, safety, or 
the environment.
    (f) No Effect on Water Rights.--Except as provided in paragraphs 
(1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) of subsection (a), 
nothing in this title affects any rights to water of the Tribe, its 
members, or the United States, acting as trustee for the Tribe and its 
members, for land outside the boundaries of the reservation or the off-
reservation trust land.
    (g) Entitlements.--Any entitlement to water of the Tribe, its 
members, or the United States, acting as trustee for the Tribe and its 
members, relating to the reservation or off-reservation trust land 
shall be satisfied from the water resources granted, quantified, 
confirmed, or recognized with respect to the Tribe, its members, and 
the United States by the Agreement and this title.
    (h) Objection Prohibited.--Except as provided in paragraphs 
(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the United 
States, acting as trustee for the Tribe shall not--
            (1) object to the use of any well located outside the 
        boundaries of the reservation or the off-reservation trust land 
        in existence on the enforceability date; or
            (2) object to, dispute, or challenge after the 
        enforceability date the drilling of any well or the withdrawal 
        and use of water from any well in the Little Colorado River 
        adjudication proceedings, the Gila River adjudication 
        proceedings, or any other judicial or administrative 
        proceeding.

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

    (a) Establishment.--There is established in the Lower Colorado 
River Basin Development Fund a subaccount to be known as the ``White 
Mountain Apache Tribe Water Rights Settlement Subaccount'', consisting 
of--
            (1) the amounts deposited in the subaccount pursuant to 
        section 312(a); and
            (2) such other amounts as are available, including the 
        amounts provided in subparagraph 13.3 of the Agreement.
    (b) Use of Funds.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall use amounts from the White Mountain Apache Tribe Water 
        Rights Settlement Subaccount for the planning, design, and 
        construction of the WMAT rural water system, in accordance with 
        section 307(a).
            (2) Requirements.--In carrying out the activities described 
        in paragraph (1), the Secretary shall use such sums as are 
        necessary from the White Mountain Apache Tribe Water Rights 
        Settlement Subaccount--
                    (A) to provide the Bureau with amounts sufficient 
                to carry out oversight of the planning, design, and 
                construction of the WMAT rural water system;
                    (B) to repay to the Treasury (or the United States) 
                any outstanding balance on the loan authorized by the 
                White Mountain Apache Tribe Rural Water System Loan 
                Authorization Act (Public Law 110-390; 122 Stat. 4191), 
                after which repayment, the Tribe shall have no further 
                liability for the balance on that loan; and
                    (C) to carry out all required environmental 
                compliance activities associated with the planning, 
                design, and construction of the WMAT rural water 
                system.
    (c) ISDEAA Contract.--
            (1) In general.--If the Tribe so requests, the planning, 
        design, and construction of the WMAT rural water system shall 
        be carried out pursuant to the terms of an agreement or 
        agreements entered into under section 307(h).
            (2) Enforcement.--The Secretary may pursue any judicial 
        remedies and carry out any administrative actions that are 
        necessary to enforce an agreement described in paragraph (1) to 
        ensure that amounts in the White Mountain Apache Tribe Water 
        Rights Settlement Subaccount are used in accordance with this 
        section.
    (d) Prohibition on Per Capita Distributions.--No amount of the 
principal, or the interest or income accruing on the principal, of the 
White Mountain Apache Tribe Water Rights Settlement Subaccount shall be 
distributed to any member of the Tribe on a per capita basis.
    (e) Availability of Funds.--
            (1) In general.--Amounts in the White Mountain Apache Tribe 
        Water Rights Settlement Subaccount shall not be available for 
        expenditure by the Secretary until the enforceability date.
            (2) Investment.--The Secretary shall invest the amounts in 
        the White Mountain Apache Tribe Water Rights Settlement 
        Subaccount in accordance with section 403(f)(4) of the Colorado 
        River Basin Project Act (43 U.S.C. 1543(f)(4)).
            (3) Use of interest.--The interest accrued on amounts 
        invested under paragraph (2) shall not be available for 
        expenditure or withdrawal until the enforceability date.

SEC. 311. MISCELLANEOUS PROVISIONS.

    (a) Limited Waiver of Sovereign Immunity.--
            (1) In general.--In the case of a civil action described in 
        paragraph (2)--
                    (A) the United States or the Tribe, or both, may be 
                joined in the civil action; and
                    (B) any claim by the United States or the Tribe to 
                sovereign immunity from the civil action is waived for 
                the sole purpose of resolving any issue regarding the 
                interpretation or enforcement of this title or the 
                Agreement.
            (2) Description of civil action.--A civil action referred 
        to in paragraph (1) is a civil action filed--
                    (A) by any party to the Agreement or signatory to 
                an exhibit to the Agreement in a United States or State 
                court that--
                            (i) relates solely and directly to the 
                        interpretation or enforcement of this title or 
                        the Agreement; and
                            (ii) names as a party the United States or 
                        the Tribe; or
                    (B) by a landowner or water user in the Gila River 
                basin or Little Colorado River basin in the State 
                that--
                            (i) relates solely and directly to the 
                        interpretation or enforcement of section 309 of 
                        this title and paragraph 12.0 of the Agreement; 
                        and
                            (ii) names as a party the United States or 
                        the Tribe.
    (b) Effect of Title.--Nothing in this title quantifies or otherwise 
affects any water right or claim or entitlement to water of any Indian 
tribe, band, or community other than the Tribe.
    (c) Limitation on Liability of United States.--
            (1) In general.--The United States shall have no trust or 
        other obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any amount paid to the Tribe by any party to 
                the Agreement other than the United States; or
                    (B) to review or approve the expenditure of those 
                funds.
            (2) Indemnification.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        any claim (including claims for takings or breach of trust) 
        arising out of the receipt or expenditure of funds described in 
        paragraph (1)(A).
    (d) Applicability of Reclamation Reform Act.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision under Federal law shall not 
apply to any individual, entity, or land solely on the basis of--
            (1) receipt of any benefit under this title;
            (2) the execution or performance of the Agreement; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (e) Secretarial Power Sites.--The portions of the following named 
secretarial power site reserves that are located on the Fort Apache 
Indian Reservation or the San Carlos Apache Reservation, as applicable, 
shall be transferred and restored into the name of the Tribe or the San 
Carlos Apache Tribe, respectively:
            (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 
        E.).
            (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26 
        E.; T. 3 N., R. 26 E.).
            (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
        2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 
        E.; T. 5 N., R. 19 E.).
            (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
            (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
            (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16 
        E.).
    (f) No Effect on Future Allocations.--Water received under a lease 
or exchange of tribal CAP water under this title shall not affect any 
future allocation or reallocation of CAP water by the Secretary.
    (g) After-acquired Trust Land.--
            (1) Requirement of act of congress.--
                    (A) Legal title.--Subject to subparagraph (B), 
                after the enforceability date, if the Tribe seeks to 
                have legal title to additional land in the State 
                located outside the exterior boundaries of the 
                reservation taken into trust by the United States for 
                the benefit of the Tribe, the Tribe may do so only 
                pursuant to an Act of Congress specifically authorizing 
                the transfer for the benefit of the Tribe.
                    (B) Exceptions.--Subparagraph (A) shall not apply 
                to--
                            (i) the restoration of land to the 
                        reservation subsequently and finally determined 
                        to be part of the reservation through 
                        resolution of any dispute between the Tribe and 
                        the United States over the location of the 
                        reservation boundary, unless required by 
                        Federal law; or
                            (ii) off-reservation trust land acquired 
                        prior to January 1, 2008.
            (2) Water rights.--
                    (A) In general.--After-acquired trust land that is 
                located outside the reservation shall not include 
                federally reserved rights to surface water or 
                groundwater.
                    (B) Restored land.--Land that is restored to the 
                reservation as the result of the resolution of any 
                reservation boundary dispute between the Tribe and the 
                United States, or any fee simple land within the 
                reservation that is placed into trust, shall have water 
                rights pursuant to section 308(b).
            (3) Acceptance of land in trust status.--
                    (A) In general.--If the Tribe acquires legal fee 
                title to land that is located within the exterior 
                boundaries of the reservation, the Secretary shall 
                accept the land in trust status for the benefit of the 
                Tribe in accordance with applicable Federal law 
                (including regulations) for such real estate 
                acquisitions.
                    (B) Reservation status.--Land held in trust by the 
                Secretary under subparagraph (A), or restored to the 
                reservation as a result of resolution of a boundary 
                dispute between the Tribe and the United States, shall 
                be deemed to be part of the reservation.
    (h) Conforming Amendment.--Section 3(b)(2) of the White Mountain 
Apache Tribe Rural Water System Loan Authorization Act (Public Law 110-
390; 122 Stat. 4191) is amended by striking ``January 1, 2013'' and 
inserting ``May 1, 2021''.

SEC. 312. FUNDING.

    (a) Rural Water System.--
            (1) Mandatory appropriations.--Subject to paragraph (2), 
        out of any funds in the Treasury not otherwise appropriated, 
        the Secretary of the Treasury shall transfer to the Secretary 
        to carry out the planning, engineering, design, environmental 
        compliance, and construction of the WMAT rural water system 
        $126,193,000.
            (2) Inclusions.--The amount made available under paragraph 
        (1) shall include such sums as are necessary, but not to exceed 
        4 percent of the construction contract costs, for the Bureau to 
        carry out oversight of activities for planning, design, 
        environmental compliance, and construction of the rural water 
        system.
    (b) WMAT Settlement and Maintenance Funds.--
            (1) Definition of funds.--In this subsection, the term 
        ``Funds'' means--
                    (A) the WMAT Settlement Fund established by 
                paragraph (2)(A); and
                    (B) the WMAT Maintenance Fund established by 
                paragraph (3)(A).
            (2) WMAT settlement fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``WMAT Settlement Fund'', to be administered by the 
                Secretary, consisting of the amounts deposited in the 
                fund under subparagraph (B), together with any interest 
                accrued on those amounts, for use by the Tribe in 
                accordance with subparagraph (C).
                    (B) Transfers to fund.--
                            (i) In general.--There are authorized to be 
                        appropriated to the Secretary for deposit in 
                        the WMAT Settlement Fund--
                                    (I) $78,500,000; and
                                    (II) any additional amounts 
                                described in clause (ii), if 
                                applicable.
                            (ii) Authorization of additional amounts.--
                        In accordance with subsection (e)(4)(B), if the 
                        WMAT rural water system is conveyed to the 
                        Tribe before the date on which the $35,000,000 
                        described in subsection (e)(2) is completely 
                        made available, there is authorized to be 
                        appropriated to the Secretary, for deposit in 
                        the WMAT Settlement Fund, any remaining amounts 
                        that would otherwise have been made available 
                        for expenditure from the Cost Overrun 
                        Subaccount.
                    (C) Use of funds.--
                            (i) In general.--The Tribe shall use 
                        amounts in the WMAT Settlement Fund for any of 
                        the following purposes:
                                    (I) Fish production, including 
                                hatcheries.
                                    (II) Rehabilitation of recreational 
                                lakes and existing irrigation systems.
                                    (III) Water-related economic 
                                development projects.
                                    (IV) Protection, restoration, and 
                                economic development of forest and 
                                watershed health.
                            (ii) Existing irrigation systems.--Of the 
                        amounts deposited in the Fund under 
                        subparagraph (B), not less than $4,950,000 
                        shall be used for the rehabilitation of 
                        existing irrigation systems.
            (3) WMAT maintenance fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``WMAT Maintenance Fund'', to be administered by the 
                Secretary, consisting of the amounts deposited in the 
                fund under subparagraph (B), together with any interest 
                accrued on those amounts, for use by the Tribe in 
                accordance with subparagraph (C).
                    (B) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall transfer to the Secretary 
                $50,000,000 for deposit in the WMAT Maintenance Fund.
                    (C) Use of funds.--The Tribe shall use amounts in 
                the WMAT Maintenance Fund only for the operation, 
                maintenance, and replacement costs associated with the 
                delivery of water through the WMAT rural water system.
            (4) Administration.--The Secretary shall manage the Funds 
        in accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by 
        investing amounts in the Funds in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161); and
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a).
            (5) Availability of amounts from funds.--Amounts in the 
        Funds shall be available for expenditure or withdrawal only 
        after the enforceability date and in accordance with subsection 
        (f).
            (6) Expenditure and withdrawal.--
                    (A) Tribal management plan.--
                            (i) In general.--The Tribe may withdraw all 
                        or part of the amounts in the Funds on approval 
                        by the Secretary of a tribal management plan, 
                        as described in the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.).
                            (ii) Requirements.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), a tribal management plan under 
                        this subparagraph shall require the Tribe to 
                        use any amounts withdrawn from the Funds in 
                        accordance with paragraph (2)(C) or (3)(C), as 
                        applicable.
                            (iii) Enforcement.--The Secretary may take 
                        judicial or administrative action to enforce 
                        the provisions of a tribal management plan 
                        described in clause (i) to ensure that any 
                        amounts withdrawn from the Funds under the 
                        tribal management plan are used in accordance 
                        with this title and the Agreement.
                            (iv) Liability.--If the Tribe exercises the 
                        right to withdraw amounts from the Funds, 
                        neither the Secretary nor the Secretary of the 
                        Treasury shall retain any liability for the 
                        expenditure or investment of the amounts.
                    (B) Expenditure plan.--
                            (i) In general.--The Tribe shall submit to 
                        the Secretary for approval an expenditure plan 
                        for any portion of the amounts in the Funds 
                        that the Tribe does not withdraw under the 
                        tribal management plan.
                            (ii) Description.--The expenditure plan 
                        shall describe the manner in which, and the 
                        purposes for which, amounts remaining in the 
                        Funds will be used.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan, if the 
                        Secretary determines that the plan is 
                        reasonable and consistent with this title and 
                        the Agreement.
                            (iv) Annual report.--For each of the Funds, 
                        the Tribe shall submit to the Secretary an 
                        annual report that describes all expenditures 
                        from the Fund during the year covered by the 
                        report.
                    (C) Certain per capita distributions prohibited.--
                No amount in the Funds shall be distributed to any 
                member of the Tribe on a per capita basis.
    (c) Cost Indexing.--All amounts made available under subsections 
(a), (b), and (e) shall be adjusted as necessary to reflect the changes 
since October 1, 2007, in the construction cost indices applicable to 
the types of construction involved in the construction of the WMAT 
rural water supply system, the maintenance of the rural water supply 
system, and the construction or rehabilitation of the other development 
projects described in subsection (b)(2)(C).
    (d) Operation, Maintenance, and Replacement.--Out of any funds in 
the Treasury not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary $2,500,000 for the operation, 
maintenance, and replacement costs of the WMAT rural water system, to 
remain available until the conditions described in section 307(f) have 
been met.
    (e) Cost Overrun Subaccount.--
            (1) Establishment.--There is established in the Lower 
        Colorado River Basin Development Fund a subaccount to be known 
        as the ``WMAT Cost Overrun Subaccount'', to be administered by 
        the Secretary, consisting of the amounts deposited in the 
        subaccount under paragraph (2), together with any interest 
        accrued on those amounts, for use by the Secretary in 
        accordance with paragraph (4).
            (2) Mandatory appropriations; authorization of 
        appropriations.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall transfer to the Secretary 
                $24,000,000 for deposit in the WMAT Cost Overrun 
                Subaccount.
                    (B) Authorization of appropriations.--There is 
                authorized to be appropriated for deposit in the WMAT 
                Cost Overrun Subaccount $11,000,000.
            (3) Availability of funds.--
                    (A) In general.--Amounts in the WMAT Cost Overrun 
                Subaccount shall not be available for expenditure by 
                the Secretary until the enforceability date.
                    (B) Investment.--The Secretary shall invest the 
                amounts in the WMAT Cost Overrun Subaccount in 
                accordance with section 403(f)(4) of the Colorado River 
                Basin Project Act (43 U.S.C. 1543(f)(4)).
                    (C) Use of interest.--The interest accrued on the 
                amounts invested under subparagraph (B) shall not be 
                available for expenditure or withdrawal until the 
                enforceability date.
            (4) Use of cost overrun subaccount.--
                    (A) Initial use.--The Secretary shall use the 
                amounts in the WMAT Cost Overrun Subaccount to complete 
                the WMAT rural water system or to carry out activities 
                relating to the operation, maintenance, or replacement 
                of facilities of the WMAT rural water system, as 
                applicable, if the Secretary determines that the 
                amounts made available under subsections (a) and (d) 
                will be insufficient in the period before title to the 
                WMAT rural water system is conveyed to the Tribe--
                            (i) to complete the WMAT rural water 
                        system; or
                            (ii) to operate and maintain the WMAT rural 
                        water system.
                    (B) Transfer of funds.--All unobligated amounts 
                remaining in the Cost Overrun Subaccount on the date on 
                which title to the WMAT rural water system is conveyed 
                to the Tribe shall be--
                            (i) returned to the general fund of the 
                        Treasury; and
                            (ii) on an appropriation pursuant to 
                        subsection (b)(2)(B)(ii), deposited in the WMAT 
                        Settlement Fund and made available to the Tribe 
                        for use in accordance with subsection 
                        (b)(2)(C).
    (f) Conditions.--The amounts made available to the Secretary for 
deposit in the WMAT Maintenance Fund, together with any interest 
accrued on those amounts under subsection (b)(3) and any interest 
accruing on the WMAT Settlement Fund under subsection (b)(2), shall not 
be available for expenditure or withdrawal until the WMAT rural water 
system is transferred to the Tribe under section 307(d)(2).
    (g) Receipt and Acceptance.--The Secretary shall be entitled to 
receive, shall accept, and shall use to carry out this title the funds 
transferred under subsections (a), (b), (d), and (e), without further 
appropriation, to remain available until expended.

SEC. 313. ANTIDEFICIENCY.

    The United States shall not be liable for failure to carry out any 
obligation or activity authorized to be carried out under this title 
(including any such obligation or activity under the Agreement) if 
adequate appropriations are not provided by Congress expressly to carry 
out the purposes of this title.

SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    In implementing the Agreement and carrying out this title, the 
Secretary shall promptly comply with all applicable requirements of--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) all other applicable Federal environmental laws; and
            (4) all regulations promulgated under the laws described in 
        paragraphs (1) through (3).

              TITLE IV--CROW TRIBE WATER RIGHTS SETTLEMENT

SEC. 401. SHORT TITLE.

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

SEC. 402. PURPOSES.

    The purposes of this title are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State of Montana for--
                    (A) the Crow Tribe; and
                    (B) the United States for the benefit of the Tribe 
                and allottees;
            (2) to authorize, ratify, and confirm the Crow Tribe-
        Montana Water Rights Compact entered into by the Tribe and the 
        State of Montana on June 22, 1999;
            (3) to authorize and direct the Secretary of the Interior--
                    (A) to execute the Crow Tribe-Montana Water Rights 
                Compact; and
                    (B) to take any other action necessary to carry out 
                the Compact in accordance with this title; and
            (4) to ensure the availability of funds necessary for the 
        implementation of the Compact and this title.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Allottee.--The term ``allottee'' means any individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the Reservation or the ceded 
                strip; and
                    (B) held in trust by the United States.
            (2) Ceded strip.--The term ``ceded strip'' means the area 
        identified as the ceded strip on the map included in appendix 5 
        of the Compact.
            (3) CIP om&r.--The term ``CIP OM&R'' means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of the Crow Irrigation 
                Project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of the Crow Irrigation Project; 
                and
                    (C) any activity relating to replacement of a 
                feature of the Crow Irrigation Project.
            (4) Compact.--The term ``Compact'' means the water rights 
        compact between the Tribe and the State of Montana contained in 
        section 85-20-901 of the Montana Code Annotated (2009) 
        (including any exhibit, part, or amendment to the Compact).
            (5) Crow irrigation project.--
                    (A) In general.--The term ``Crow Irrigation 
                Project'' means the irrigation project--
                            (i) authorized by section 31 of the Act of 
                        March 3, 1891 (26 Stat. 1040);
                            (ii) managed by the Secretary (acting 
                        through the Bureau of Indian Affairs); and
                            (iii) consisting of the project units of--
                                    (I) Agency;
                                    (II) Bighorn;
                                    (III) Forty Mile;
                                    (IV) Lodge Grass #1;
                                    (V) Lodge Grass #2;
                                    (VI) Pryor;
                                    (VII) Reno;
                                    (VIII) Soap Creek; and
                                    (IX) Upper Little Horn.
                    (B) Inclusion.--The term ``Crow Irrigation 
                Project'' includes land held in trust by the United 
                States for the Tribe and the allottees in the Bozeman 
                Trail and Two Leggins irrigation districts.
            (6) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 410(e).
            (7) Final.--The term ``final'' with reference to approval 
        of the decree described in section 410(e)(1)(A), means--
                    (A) completion of any direct appeal to the Montana 
                Supreme Court of a decree by the Montana Water Court 
                pursuant to section 85-2-235 of the Montana Code 
                Annotated (2009), including the expiration of time for 
                filing of any such appeal; or
                    (B) completion of any appeal to the appropriate 
                United States Court of Appeals, including the 
                expiration of time in which a petition for certiorari 
                may be filed in the United States Supreme Court, denial 
                of such petition, or issuance of a final judgment of 
                the United States Supreme Court, whichever occurs last.
            (8) Fund.--The term ``Fund'' means the Crow Settlement Fund 
        established by section 411.
            (9) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (10) Joint stipulation of settlement.--The term ``joint 
        stipulation of settlement'' means the joint stipulation of 
        settlement relating to the civil action styled Crow Tribe of 
        Indians v. Norton, No. 02-284 (D.D.C. 2006).
            (11) MR&I system.--
                    (A) In general.--The term ``MR&I System'' means the 
                municipal, rural, and industrial water system of the 
                Reservation, generally described in the document 
                entitled ``Crow Indian Reservation Municipal, Rural and 
                Industrial Water System Engineering Report'' prepared 
                by DOWL HKM, and dated July 2008 and updated in a 
                status report prepared by DOWL HKM dated December 2009.
                    (B) Inclusions.--The term ``MR&I System'' 
                includes--
                            (i) the raw water intake, water treatment 
                        plant, pipelines, storage tanks, pumping 
                        stations, pressure-reducing valves, electrical 
                        transmission facilities, and other items 
                        (including real property and easements 
                        necessary to deliver potable water to the 
                        Reservation) appurtenant to the system 
                        described in subparagraph (A); and
                            (ii) in descending order of construction 
                        priority--
                                    (I) the Bighorn River Valley 
                                Subsystem;
                                    (II) the Little Bighorn River 
                                Valley Subsystem; and
                                    (III) Pryor Extension.
            (12) MR&I system om&r.--The term ``MR&I System OM&R'' 
        means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of the MR&I System;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of the MR&I System; and
                    (C) any activity relating to replacement of project 
                features of the MR&I System.
            (13) Reservation.--The term ``Reservation'' means the area 
        identified as the Reservation on the map in appendix 4 of the 
        Compact.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (15) Tribal compact administration.--The term ``Tribal 
        Compact Administration'' means any activity relating to--
                    (A) the development or enactment by the Tribe of 
                the tribal water code;
                    (B) establishment by the Tribe of a water resources 
                department; and
                    (C) the operation by the Tribe of that water 
                resources department (or a successor agency) during the 
                10-year period beginning on the date of establishment 
                of the department.
            (16) Tribal water code.--The term ``tribal water code'' 
        means a water code adopted by the Tribe in accordance with 
        section 407(f).
            (17) Tribal water rights.--The term ``tribal water rights'' 
        means--
                    (A) the water rights of the Tribe described in 
                article III of the Compact; and
                    (B) the water rights provided to the Tribe under 
                section 408.
            (18) Tribe.--The term ``Tribe'' means the Crow Tribe of 
        Indians of the State of Montana on behalf of itself and its 
        members (but not its members in their capacities as allottees).

SEC. 404. RATIFICATION OF COMPACT.

    (a) Ratification of Compact.--
            (1) In general.--Except as modified by this title, and to 
        the extent the Compact does not conflict with this title, the 
        Compact is authorized, ratified, and confirmed.
            (2) Amendments to compact.--If amendments are executed to 
        make the Compact consistent with this title, those amendments 
        are also authorized, ratified, and confirmed to the extent such 
        amendments are consistent with this title.
    (b) Execution of Compact.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this title, the Secretary is directed to and 
        shall promptly execute the Compact, including all exhibits to 
        or parts of the Compact requiring the signature of the 
        Secretary.
            (2) Modifications.--Nothing in this title precludes the 
        Secretary from approving modifications to appendices or 
        exhibits to the Compact not inconsistent with this title, to 
        the extent such modifications do not otherwise require 
        Congressional approval pursuant to section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or other applicable Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact, the Secretary 
        shall promptly comply with all applicable aspects of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and all other applicable environmental Acts and 
        regulations.
            (2) Execution of the compact.--
                    (A) In general.--Execution of the Compact by the 
                Secretary under this section shall not constitute a 
                major Federal action under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Compliance.--The Secretary shall carry out all 
                Federal compliance activities necessary to implement 
                the Compact.

SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION PROJECT.

    (a) In General.--Notwithstanding any other provision of law, and 
without altering applicable law (including regulations) under which the 
Bureau of Indian Affairs collects assessments and carries out CIP OM&R, 
other than the rehabilitation and improvement carried out under this 
section, the Secretary, acting through the Commissioner of Reclamation, 
shall carry out such activities as are necessary to rehabilitate and 
improve the water diversion and delivery features of the Crow 
Irrigation Project, in accordance with an agreement to be negotiated 
between the Secretary and the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to rehabilitate or improve the 
water diversion or delivery features of the Crow Irrigation Project.
    (c) Scope.--
            (1) In general.--The scope of the rehabilitation and 
        improvement under this section shall be as generally described 
        in the document entitled ``Engineering Evaluation of Existing 
        Conditions, Crow Agency Rehabilitation Study'' prepared by DOWL 
        HKM, and dated August 2007 and updated in a status report dated 
        December 2009 by DOWL HKM, on the condition that prior to 
        beginning construction activities, the Secretary shall review 
        the design of the proposed rehabilitation or improvement and 
        perform value engineering analyses.
            (2) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1), the Secretary shall negotiate with 
        the Tribe appropriate changes to the final design so that the 
        final design meets applicable industry standards, as well as 
        changes, if any, that would improve the cost-effectiveness of 
        the delivery of irrigation water and take into consideration 
        the equitable distribution of water to allottees.
    (d) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $131,843,000, 
except that the total amount of $131,843,000 shall be increased or 
decreased, as appropriate, based on ordinary fluctuations from May 1, 
2008, in construction cost indices applicable to the types of 
construction involved in the rehabilitation and improvement.
    (f) Tribal Implementation Agreement.--
            (1) In general.--At the request of the Tribe, in accordance 
        with applicable Federal law, the Secretary shall enter into 1 
        or more agreements with the Tribe to implement the provisions 
        of this section by which the Tribe shall plan, design, and 
        construct any or all of the rehabilitation and improvement 
        required by this section.
            (2) Oversight costs.--The Bureau of Reclamation and the 
        Tribe shall negotiate the cost of any oversight activities 
        carried out by the Bureau of Reclamation for each agreement 
        under this section, provided that the total cost for that 
        oversight shall not exceed 4 percent of the total project 
        costs.
    (g) Acquisition of Land.--
            (1) Tribal easements and rights-of-way.--
                    (A) In general.--Upon request, and in partial 
                consideration for the funding provided under section 
                414(a), the Tribe shall consent to the grant of such 
                easements and rights-of-way over tribal land as may be 
                necessary for the rehabilitation and improvement of the 
                Crow Irrigation Project authorized by this section at 
                no cost to the United States.
                    (B) Jurisdiction.--The Tribe shall retain criminal 
                and civil jurisdiction over any lands that were subject 
                to tribal jurisdiction prior to the granting of an 
                easement or right-of-way in connection with the 
                rehabilitation and improvement of the Crow Irrigation 
                Project.
            (2) User easements and rights-of-way.--In partial 
        consideration of the rehabilitation and improvement of the Crow 
        Irrigation Project authorized by this section and as a 
        condition of continued service from the Crow Irrigation Project 
        after the enforceability date, any water user of the Crow 
        Irrigation Project shall consent to the grant of such easements 
        and rights-of-way as may be necessary for the rehabilitation 
        and improvements authorized under this section at no cost to 
        the Secretary.
            (3) Land acquired by the united states.--Land acquired by 
        the United States in connection with rehabilitation and 
        improvement of the Crow Irrigation Project authorized by this 
        section shall be held in trust by the United States on behalf 
        of the Tribe as part of the Reservation of the Tribe.
    (h) Project Management Committee.--The Secretary shall facilitate 
the formation of a project management committee composed of 
representatives from the Bureau of Reclamation, the Bureau of Indian 
Affairs, and the Tribe--
            (1) to review cost factors and budgets for construction, 
        operation, and maintenance activities relating to the Crow 
        Irrigation Project;
            (2) to improve management of inherently governmental 
        activities through enhanced communication; and
            (3) to seek additional ways to reduce overall costs for the 
        rehabilitation and improvement of the Crow Irrigation Project.

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

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall plan, design, and construct the water diversion and 
delivery features of the MR&I System, in accordance with 1 or more 
agreements between the Secretary and the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to design and construct the water 
diversion and delivery features of the MR&I System.
    (c) Scope.--
            (1) In general.--The scope of the design and construction 
        under this section shall be as generally described in the 
        document entitled ``Crow Indian Reservation Municipal, Rural 
        and Industrial Water System Engineering Report'' prepared by 
        DOWL HKM, and dated July 2008 and updated in a status report 
        dated December 2009 by DOWL HKM, on the condition that prior to 
        beginning construction activities, the Secretary shall review 
        the design of the proposed MR&I System and perform value 
        engineering analyses.
            (2) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1), the Secretary shall negotiate with 
        the Tribe appropriate changes to the final design so that the 
        final design meets applicable industry standards, as well as 
        changes, if any, that would improve the cost-effectiveness of 
        the delivery of MR&I System water and take into consideration 
        the equitable distribution of water to allottees.
    (d) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $246,381,000, 
except that the total amount of $246,381,000 shall be increased or 
decreased, as appropriate, based on ordinary fluctuations from May 1, 
2008, in construction cost indices applicable to the types of 
construction involved in the design and construction of the MR&I 
System.
    (f) Tribal Implementation Agreement.--
            (1) In general.--At the request of the Tribe, in accordance 
        with applicable Federal law, the Secretary shall enter into 1 
        or more agreements with the Tribe to implement the provisions 
        of this section by which the Tribe shall plan, design, and 
        construct any or all of the rehabilitation and improvement 
        required by this section.
            (2) Oversight costs.--The Bureau of Reclamation and the 
        Tribe shall negotiate the cost of any oversight activities 
        carried out by the Bureau of Reclamation for each agreement 
        under this section, provided that the total cost for that 
        oversight shall not exceed 4 percent of the total project 
        costs.
    (g) Acquisition of Land.--
            (1) Tribal easements and rights-of-way.--
                    (A) In general.--Upon request, and in partial 
                consideration for the funding provided under section 
                414(b), the Tribe shall consent to the grant of such 
                easements and rights-of-way over tribal land as may be 
                necessary for the construction of the MR&I System 
                authorized by this section at no cost to the United 
                States.
                    (B) Jurisdiction.--The Tribe shall retain criminal 
                and civil jurisdiction over any lands that were subject 
                to tribal jurisdiction prior to the granting of an 
                easement or right-of-way in connection with the 
                construction of the MR&I System.
            (2) Land acquired by the united states.--Land acquired by 
        the United States in connection with the construction of the 
        MR&I System authorized by this section shall be held in trust 
        by the United States on behalf of the Tribe as part of the 
        Reservation of the Tribe.
    (h) Conveyance of Title to MR&I System Facilities.----
            (1) In general.--The Secretary shall convey title to each 
        MR&I System facility or section of a MR&I System facility 
        authorized under subsection (a) to the Tribe after completion 
        of construction of a MR&I System facility or a section of a 
        MR&I System facility that is operating and delivering water.
            (2) Liability.--
                    (A) In general.--Effective on the date of the 
                conveyance authorized by this subsection, the United 
                States shall not be held liable by any court for 
                damages of any kind arising out of any act, omission, 
                or occurrence relating to the land, buildings, or 
                facilities conveyed under this subsection, other than 
                damages caused by acts of negligence committed by the 
                United States, or by employees or agents of the United 
                States, prior to the date of conveyance.
                    (B) Tort claims.--Nothing in this section increases 
                the liability of the United States beyond the liability 
                provided in chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act'').
            (3) Notice of proposed conveyance.--Not later than 45 days 
        before the date of a proposed conveyance of title to any MR&I 
        System facility, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and to the 
        Committee on Energy and Natural Resources of the Senate notice 
        of the conveyance of each such MR&I System facility or section 
        of a MR&I System facility.
            (4) MR&I system om&r obligation of the federal government 
        after conveyance.--The Federal Government shall have no 
        obligation to pay for the operation, maintenance, or 
        replacement costs of the MR&I System beginning on the date on 
        which--
                    (A) title to any MR&I System facility or section of 
                a MR&I System facility under this subsection is 
                conveyed to the Tribe; and
                    (B) the amounts required to be deposited in the 
                MR&I System OM&R Account pursuant to section 411 have 
                been deposited in that account.
    (i) Authority of Tribe.--Upon transfer of title to the MR&I System 
or any section of a MR&I System facility to the Tribe in accordance 
with subsection (h), the Tribe is authorized to collect water use 
charges from customers of the MR&I System to cover--
            (1) MR&I System OM&R costs; and
            (2) any other costs relating to the construction and 
        operation of the MR&I System.
    (j) Alienation and Taxation.--Conveyance of title to the Tribe 
pursuant to subsection (h) does not waive or alter any applicable 
Federal law prohibiting alienation or taxation of the MR&I System or 
the underlying Reservation land.
    (k) Technical Assistance.--The Secretary shall provide technical 
assistance to prepare the Tribe for operation of the MR&I System, 
including operation and management training.
    (l) Project Management Committee.--The Secretary shall facilitate 
the formation of a project management committee composed of 
representatives from the Bureau of Reclamation, the Bureau of Indian 
Affairs, and the Tribe--
            (1) to review cost factors and budgets for construction, 
        operation and maintenance activities for the MR&I System;
            (2) to improve management of inherently governmental 
        activities through enhanced communication; and
            (3) to seek additional ways to reduce overall costs for the 
        MR&I System.
    (m) Non-Federal Contribution.--
            (1) In general.--Prior to completion of the final design of 
        the MR&I System required by subsection (c), the Secretary shall 
        consult with the Tribe, the State of Montana, and other 
        affected non-Federal parties to discuss the possibility of 
        receiving non-Federal contributions to the cost of the MR&I 
        System.
            (2) Negotiations.--If, based on the extent to which non-
        Federal parties are expected to use the MR&I System, a non-
        Federal contribution to the MR&I System is determined by the 
        parties described in paragraph (1) to be appropriate, the 
        Secretary shall initiate negotiations for an agreement on the 
        means by which such contributions may be provided.

SEC. 407. TRIBAL WATER RIGHTS.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to or exceed the benefits 
allottees possess as of the date of enactment of this Act, taking into 
consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        title;
            (2) the availability of funding under this title and from 
        other sources;
            (3) the availability of water from the tribal water rights; 
        and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381) and this title to protect the interests 
        of allottees.
    (b) Confirmation of Tribal Water Rights.--
            (1) In general.--The tribal water rights are ratified, 
        confirmed, and declared to be valid.
            (2) Use.--Use of the tribal water rights shall be subject 
        to the terms and conditions established by the Compact.
    (c) Holding in Trust.--The tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Tribe and the allottees in accordance with 
        this section; and
            (2) shall not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the tribal water rights.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the tribal 
        water rights.
            (3) Allocations.--Allottees shall be entitled to a just and 
        equitable allocation of water for irrigation purposes.
            (4) Exhaustion of remedies.--Before asserting any claim 
        against the United States under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or any other applicable law, 
        an allottee shall exhaust remedies available under the tribal 
        water code or other applicable tribal law.
            (5) Claims.--Following exhaustion of remedies available 
        under the tribal water code or other applicable tribal law, an 
        allottee may seek relief under section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), or other applicable law.
            (6) Authority.--The Secretary shall have the authority to 
        protect the rights of allottees as specified in this section.
    (e) Authority of Tribe.--
            (1) In general.--Except as provided in paragraph (2), the 
        Tribe shall have authority to allocate, distribute, and lease 
        the tribal water rights--
                    (A) in accordance with the Compact; and
                    (B) subject to approval of the Secretary of the 
                tribal water code under subsection (f)(3)(B).
            (2) Leases by allottees.--Notwithstanding paragraph (1), an 
        allottee may lease any interest in land held by the allottee, 
        together with any water right determined to be appurtenant to 
        the interest in land.
    (f) Tribal Water Code.--
            (1) In general.--Notwithstanding the time period set forth 
        in article IV(A)(2)(b) of the Compact, not later than 3 years 
        after the date on which the Tribe ratifies the Compact as set 
        forth in section 410(e)(1)(E), the Tribe shall enact a tribal 
        water code, that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the tribal water rights in accordance with 
                the Compact; and
                    (B) establishment by the Tribe of conditions, 
                permit requirements, and other limitations relating to 
                the storage, recovery, and use of the tribal water 
                rights in accordance with the Compact.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the tribal water code shall provide that--
                    (A) tribal allocations of water to allottees shall 
                be satisfied with water from the tribal water rights;
                    (B) charges for delivery of water for irrigation 
                purposes for allottees shall be assessed on a just and 
                equitable basis;
                    (C) there is a process by which an allottee may 
                request that the Tribe provide water for irrigation use 
                in accordance with this title;
                    (D) there is a due process system for the 
                consideration and determination by the Tribe of any 
                request by an allottee, or any successor in interest to 
                an allottee, for an allocation of such water for 
                irrigation purposes on allotted land, including a 
                process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) there is a requirement that any allottee with a 
                claim relating to the enforcement of rights of the 
                allottee under the tribal water code or relating to the 
                amount of water allocated to land of the allottee must 
                first exhaust remedies available to the allottee under 
                tribal law and the tribal water code before initiating 
                an action against the United States or petitioning the 
                Secretary pursuant to subsection (d)(6).
            (3) Action by secretary.--
                    (A) In general.--The Secretary shall administer the 
                tribal water rights until the tribal water code is 
                enacted in accordance with paragraph (1) and those 
                provisions requiring approval pursuant to paragraph 
                (2).
                    (B) Approval.--The tribal water code shall not be 
                valid unless--
                            (i) the provisions of the tribal water code 
                        required by paragraph (2) are approved by the 
                        Secretary; and
                            (ii) each amendment to the tribal water 
                        code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--The Secretary shall approve 
                or disapprove the tribal water code within a reasonable 
                period of time after the date on which the Tribe 
                submits it to the Secretary.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this title--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Tribe, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE.

    (a) Storage Allocation to Tribe.--
            (1) In general.--As described in and subject to article 
        III(A)(1)(b) of the Compact, the Secretary shall allocate to 
        the Tribe 300,000 acre-feet per year of water stored in Bighorn 
        Lake, Yellowtail Unit, Lower Bighorn Division, Pick Sloan 
        Missouri Basin Program, Montana, under a water right held by 
        the United States and managed by the Bureau of Reclamation, as 
        measured at the outlet works of Yellowtail Dam, including--
                    (A) not more than 150,000 acre-feet per year of the 
                allocation, which may be used in addition to the 
                natural flow right described in article III(A)(1)(a) of 
                the Compact; and
                    (B) 150,000 acre-feet per year of the allocation, 
                which may be used only as supplemental water for the 
                natural flow right described in article III(A)(1)(a) of 
                the Compact for use in times of natural flow shortage.
            (2) Treatment.--
                    (A) In general.--The allocation under paragraph (1) 
                shall be considered to be part of the tribal water 
                rights.
                    (B) Priority date.--The priority date of the 
                allocation under paragraph (1) shall be the priority 
                date of the water right held by the Bureau of 
                Reclamation.
                    (C) Administration.--
                            (i) In general.--The Tribe shall administer 
                        the water allocated under paragraph (1) in 
                        accordance with the Compact.
                            (ii) Temporary transfer.--In accordance 
                        with subsection (c), the Tribe may temporarily 
                        transfer by service contract, lease, exchange, 
                        or other agreement, not more than 50,000 acre-
                        feet of water allocated under paragraph (1)(A) 
                        off the Reservation, subject to the approval of 
                        the Secretary and the requirements of the 
                        Compact.
    (b) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Tribe shall enter into an allocation 
        agreement with the Secretary to establish the terms and 
        conditions of the allocation, in accordance with the terms and 
        conditions of the Compact and this title.
            (2) Inclusions.--The allocation agreement under paragraph 
        (1) shall include, among other things, a provision that--
                    (A) the agreement is without limit as to term;
                    (B) the Tribe, and not the United States, shall be 
                entitled to all consideration due to the Tribe under 
                any lease, contract, or agreement the Tribe may enter 
                into pursuant to the authority in subsection (c);
                    (C) the United States shall have no trust 
                obligation or other obligation to monitor, administer, 
                or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement the Tribe may enter into pursuant to 
                        the authority in subsection (c); or
                            (ii) the expenditure of such funds;
                    (D) if the facilities at Yellowtail Dam are 
                significantly reduced or are anticipated to be 
                significantly reduced for an extended period of time, 
                the Tribe shall have the same storage rights as other 
                storage contractors with respect to the allocation 
                under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Yellowtail Dam allocable to 
                the Tribe--
                            (i) shall be nonreimbursable; and
                            (ii) shall be excluded from any repayment 
                        obligation of the Tribe;
                    (F) no water service capital charges shall be due 
                or payable for any water allocated to the Tribe 
                pursuant to this title and the allocation agreement, 
                regardless of whether that water is delivered for use 
                by the Tribe or is delivered under any leases, 
                contracts, or agreements the Tribe may enter into 
                pursuant to the authority in subsection (c);
                    (G) the Tribe shall not be required to make 
                payments to the United States for any water allocated 
                to the Tribe pursuant to this title and the allocation 
                agreement except for each acre-foot of stored water 
                leased or sold for industrial purposes; and
                    (H) for each acre-foot of stored water leased or 
                sold by the Tribe for industrial purposes--
                            (i) the Tribe shall pay annually to the 
                        United States an amount to cover the 
                        proportionate share of the annual operation, 
                        maintenance, and replacement costs for the 
                        Yellowtail Unit allocable to the amount of 
                        water for industrial purposes leased or sold by 
                        the Tribe; and
                            (ii) the annual payments of the Tribe shall 
                        be reviewed and adjusted, as appropriate, to 
                        reflect the actual operation, maintenance, and 
                        replacement costs for the Yellowtail Unit.
    (c) Temporary Transfer for Use Off Reservation.--
            (1) In general.--Notwithstanding any other provision of 
        statutory or common law and subject to paragraph (2), on 
        approval of the Secretary and subject to the terms and 
        conditions of the Compact, the Tribe may enter into a service 
        contract, lease, exchange, or other agreement providing for the 
        temporary delivery, use, or transfer of not more than 50,000 
        acre-feet per year of water allocated under subsection 
        (a)(1)(A) for use off the Reservation.
            (2) Requirement.--An agreement under paragraph (1) shall 
        not permanently alienate any portion of the water allocated 
        under subsection (a)(1)(A).
    (d) Remaining Storage.--
            (1) In general.--As of the date of enactment of this Act, 
        water in Bighorn Lake shall be considered to be fully allocated 
        and no further storage allocations shall be made by the 
        Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        prevents the Secretary from--
                    (A) renewing the storage contract with Pennsylvania 
                Power and Light Company consistent with the allocation 
                to Pennsylvania Power and Light Company in existence on 
                the date of enactment of this Act; or
                    (B) entering into future agreements with either the 
                Northern Cheyenne Tribe or the Crow Tribe facilitating 
                either tribe's use of its respective allocation of 
                water from Bighorn Lake.

SEC. 409. SATISFACTION OF CLAIMS.

    (a) In General.--
            (1) Satisfaction of tribal claims.--The benefits realized 
        by the Tribe under this title shall be in complete replacement 
        of and substitution for, and full satisfaction of, all claims 
        of the Tribe against the United States under paragraphs (1) and 
        (3) of section 410(a).
            (2) Satisfaction of allottee claims.--The benefits realized 
        by the allottees under this title shall be in complete 
        replacement of and substitution for, and full satisfaction of--
                    (A) all claims waived and released under section 
                410(a)(2); and
                    (B) any claims of the allottees against the United 
                States that the allottees have or could have asserted 
                that are similar in nature to those described in 
                section 410(a)(3).
    (b) Satisfaction of Claims Relating to Crow Irrigation Project.--
            (1) In general.--Subject to paragraph (3), the funds made 
        available under subsections (a) and (f) of section 414 shall be 
        used to satisfy any claim of the Tribe or the allottees with 
        respect to the appropriation of funds for the rehabilitation, 
        expansion, improvement, repair, operation, or maintenance of 
        the Crow Irrigation Project.
            (2) Satisfaction of claims.--Upon complete transfer of the 
        funds described in subsections (a) and (f) of section 414 any 
        claim of the Tribe or the allottees with respect to the 
        transfer of funds for the rehabilitation, expansion, 
        improvement, repair, operation, or maintenance of the Crow 
        Irrigation Project shall be deemed to have been satisfied.
            (3) Effect.--Except as provided in section 405, nothing in 
        this title affects any applicable law (including regulations) 
        under which the United States collects irrigation assessments 
        from--
                    (A) non-Indian users of the Crow Irrigation 
                Project; and
                    (B) the Tribe, tribal entities and 
                instrumentalities, tribal members, allottees, and 
                entities owned by the Tribe, tribal members, or 
                allottees, to the extent that annual irrigation 
                assessments on such tribal water users exceed the 
                amount of funds available under section 411(e)(3)(D) 
                for costs relating to CIP OM&R.
    (c) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in section 407, nothing in this title recognizes 
or establishes any right of a member of the Tribe or an allottee to 
water within the Reservation or the ceded strip.

SEC. 410. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waiver and release of claims by the tribe and the 
        united states acting in its capacity as trustee for the 
        tribe.--Subject to the retention of rights set forth in 
        subsection (c), in return for recognition of the tribal water 
        rights and other benefits as set forth in the Compact and this 
        title, the Tribe, on behalf of itself and the members of the 
        Tribe (but not tribal members in their capacities as 
        allottees), and the United States, acting as trustee for the 
        Tribe and the members of the Tribe (but not tribal members in 
        their capacities as allottees), are authorized and directed to 
        execute a waiver and release of all claims for water rights 
        within the State of Montana that the Tribe, or the United 
        States acting as trustee for the Tribe, asserted, or could have 
        asserted, in any proceeding, including the State of Montana 
        stream adjudication, prior to and including the enforceability 
        date, except to the extent that such rights are recognized in 
        the Compact or this title.
            (2) Waiver and release of claims by the united states 
        acting in its capacity as trustee for allottees.--Subject to 
        the retention of rights set forth in subsection (c), in return 
        for recognition of the water rights of the Tribe and other 
        benefits as set forth in the Compact and this title, the United 
        States, acting as trustee for allottees, is authorized and 
        directed to execute a waiver and release of all claims for 
        water rights within the Reservation and the ceded strip that 
        the United States, acting as trustee for the allottees, 
        asserted, or could have asserted, in any proceeding, including 
        the State of Montana stream adjudication, prior to and 
        including the enforceability date, except to the extent that 
        such rights are recognized in the Compact or this title.
            (3) Waiver and release of claims by the tribe against the 
        united states.--Subject to the retention of rights set forth in 
        subsection (c), the Tribe, on behalf of itself and the members 
        of the Tribe (but not Tribal members in their capacities as 
        allottees), is authorized to execute a waiver and release of--
                    (A) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to claims for water rights within the State of 
                Montana that the United States, acting as trustee for 
                the Tribe, asserted, or could have asserted, in any 
                proceeding, including the State of Montana stream 
                adjudication, except to the extent that such rights are 
                recognized as tribal water rights in this title, 
                including all claims relating in any manner to the 
                claims reserved against the United States or agencies 
                or employees of the United States in section 4(e) of 
                the joint stipulation of settlement;
                    (B) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to damages, losses, or injuries to water, 
                water rights, land, or natural resources due to loss of 
                water or water rights (including damages, losses, or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or water rights, claims 
                relating to interference with, diversion or taking of 
                water, or claims relating to failure to protect, 
                acquire, replace, or develop water, water rights, or 
                water infrastructure) within the State of Montana that 
                first accrued at any time prior to and including the 
                enforceability date, including all claims relating to 
                the failure to establish or provide a municipal rural 
                or industrial water delivery system on the Reservation 
                and all claims relating to the failure to provide for, 
                operate, or maintain the Crow Irrigation Project, or 
                any other irrigation system or irrigation project on 
                the Reservation;
                    (C) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to the pending litigation of claims relating 
                to the water rights of the Tribe in the State of 
                Montana;
                    (D) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to the negotiation, execution, or the adoption 
                of the Compact (including exhibits) or this title;
                    (E) subject to the retention of rights set forth in 
                subsection (c), all claims for monetary damages against 
                the United States that first accrued at any time prior 
                to and including the enforceability date with respect 
                to--
                            (i) the failure to recognize or enforce the 
                        claim of the Tribe of title to land created by 
                        the movement of the Bighorn River; and
                            (ii) the failure to make productive use of 
                        that land created by the movement of the 
                        Bighorn River to which the Tribe has claimed 
                        title;
                    (F) all claims against the United States that first 
                accrued at any time prior to and including the 
                enforceability date arising from the taking or 
                acquisition of the land of the Tribe or resources for 
                the construction of the Yellowtail Dam;
                    (G) all claims against the United States that first 
                accrued at any time prior to and including the 
                enforceability date relating to the construction and 
                operation of Yellowtail Dam and the management of 
                Bighorn Lake; and
                    (H) all claims that first accrued at any time prior 
                to and including the enforceability date relating to 
                the generation, or the lack thereof, of power from 
                Yellowtail Dam.
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this title, the Tribe on behalf 
of itself and the members of the Tribe and the United States, acting as 
trustee for the Tribe and allottees, retain--
            (1) all claims for enforcement of the Compact, any final 
        decree, or this title;
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims the Tribe may have under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.), including for damages to natural resources;
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (4) all claims relating to damages, losses, or injuries to 
        land or natural resources not due to loss of water or water 
        rights (including hunting, fishing, gathering, or cultural 
        rights);
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        title or article VII(E) of the Compact;
            (6) all claims against any person or entity other than the 
        United States, including claims for monetary damages, with 
        respect to--
                    (A) the claim of the Tribe of title to land created 
                by the movement of the Bighorn River; and
                    (B) the productive use of that land created by the 
                movement of the Bighorn River to which the Tribe has 
                claimed title; and
            (7) all claims that first accrued after the enforceability 
        date with respect to claims otherwise waived in accordance with 
        subparagraphs (B) and (E) through (H) of subsection (a)(3).
    (d) Effect of Compact and Title.--Nothing in the Compact or this 
title--
            (1) affects the ability of the United States, acting as 
        sovereign, to take actions authorized by law, including any 
        laws relating to health, safety, or the environment, 
        including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (2) affects the ability of the United States to take 
        actions acting as trustee for any other Indian tribe or 
        allottee of any other Indian tribe;
            (3) confers jurisdiction on any State court--
                    (A) to interpret Federal law regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                other parties pursuant to Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of Federal agency 
                action;
            (4) waives any claim of a member of the Tribe in an 
        individual capacity that does not derive from a right of the 
        Tribe; or
            (5) revives any claims waived by the Tribe in the joint 
        stipulation of settlement.
    (e) Enforceability Date.--
            (1) In general.--The enforceability date shall be the date 
        on which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A)(i) the Montana Water Court has issued a final 
                judgment and decree approving the Compact; or
                    (ii) if the Montana Water Court is found to lack 
                jurisdiction, the district court of jurisdiction has 
                approved the Compact as a consent decree and such 
                approval is final;
                    (B) all of the funds made available under 
                subsections (c) through (f) of section 414 have been 
                deposited in the Fund;
                    (C) the Secretary has executed the agreements with 
                the Tribe required by sections 405(a) and 406(a);
                    (D) the State of Montana has appropriated and paid 
                into an interest-bearing escrow account any payments 
                due as of the date of enactment of this Act to the 
                Tribe under the Compact;
                    (E)(i) the Tribe has ratified the Compact by 
                submitting this title and the Compact to a vote by the 
                tribal membership for approval or disapproval; and
                    (ii) the tribal membership has voted to approve 
                this title and the Compact by a majority of votes cast 
                on the day of the vote, as certified by the Secretary 
                and the Tribe;
                    (F) the Secretary has fulfilled the requirements of 
                section 408(a); and
                    (G) the waivers and releases authorized and set 
                forth in subsection (a) have been executed by the Tribe 
                and the Secretary.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the date on which 
        the amounts made available to carry out this title are 
        transferred to the Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (g) Expiration and Tolling.--In the event that all appropriations 
authorized by this Act have not been made available to the Secretary by 
June 30, 2030--
            (1) the waivers authorized in this section shall expire and 
        be of no further force or effect; and
            (2) all statutes of limitations applicable to any claim 
        otherwise waived shall be tolled until June 30, 2030.
    (h) Voiding of Waivers.--If the waivers pursuant to this section 
are void under subsection (g)--
            (1) the United States' approval of the Compact under 
        section 404 shall no longer be effective;
            (2) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized in this Act, 
        together with any interest earned on those funds, and any water 
        rights or contracts to use water and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized in this Act 
        shall be returned to the Federal Government, unless otherwise 
        agreed to by the Tribe and the United States and approved by 
        Congress; and
            (3) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (2), the United States shall be entitled to set off 
        any Federal funds appropriated or made available to carry out 
        the activities authorized in this Act that were expended or 
        withdrawn, together with any interest accrued, against any 
        claims against the United States relating to water rights in 
        the State of Montana asserted by the Tribe or in any future 
        settlement of the water rights of the Crow Tribe.

SEC. 411. CROW SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as ``the Crow Settlement Fund'', to be 
administered by the Secretary for the purpose of carrying out this 
title.
    (b) Transfers to Fund.--The Fund shall consist of such amounts as 
are deposited in the Fund under subsections (c) through (h) of section 
414.
    (c) Accounts of Crow Settlement Fund.--The Secretary shall 
establish in the Fund the following accounts:
            (1) The Tribal Compact Administration account, consisting 
        of amounts made available pursuant to section 414(c).
            (2) The Energy Development Projects account, consisting of 
        amounts made available pursuant to section 414(d).
            (3) The MR&I System OM&R Account, consisting of amounts 
        made available pursuant to section 414(e).
            (4) The CIP OM&R Account, consisting of amounts made 
        available pursuant to section 414(f).
    (d) Deposits to Crow Settlement Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        promptly deposit in the Fund any amounts appropriated for that 
        purpose.
            (2) Priority of deposits to accounts.--Of the amounts 
        appropriated for deposit in the Fund, the Secretary of the 
        Treasury shall deposit amounts in the accounts listed in 
        subsection (c)--
                    (A) in full; and
                    (B) in the order listed in subsection (c).
    (e) Management.--
            (1) In general.--The Secretary shall manage the Fund, make 
        investments from the Fund, and make amounts available from the 
        Fund for distribution to the Tribe consistent with the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.).
            (2) Investment of crow settlement fund.--Beginning on the 
        enforceability date, the Secretary shall invest amounts in the 
        Fund in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161);
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a); and
                    (C) the obligations of Federal corporations and 
                Federal Government-sponsored entities, the charter 
                documents of which provide that the obligations of the 
                entities are lawful investments for federally managed 
                funds, including--
                            (i) the obligations of the United States 
                        Postal Service described in section 2005 of 
                        title 39, United States Code;
                            (ii) bonds and other obligations of the 
                        Tennessee Valley Authority described in section 
                        15d of the Tennessee Valley Authority Act of 
                        1933 (16 U.S.C. 831n-4);
                            (iii) mortgages, obligations, and other 
                        securities of the Federal Home Loan Mortgage 
                        Corporation described in section 303 of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1452); and
                            (iv) bonds, notes, and debentures of the 
                        Commodity Credit Corporation described in 
                        section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4).
            (3) Distributions from crow settlement fund.--
                    (A) In general.--Amounts from the Fund shall be 
                used for each purpose described in subparagraphs (B) 
                through (E).
                    (B) Tribal compact administration account.--The 
                Tribal Compact Administration account shall be used for 
                expenditures by the Tribe for Tribal Compact 
                Administration.
                    (C) Energy development projects account.--The 
                Energy Development Projects account shall be used for 
                expenditures by the Tribe for the following types of 
                energy development on the Reservation, the ceded strip, 
                and land owned by the Tribe:
                            (i) Development and marketing of power 
                        generation on the Yellowtail Afterbay Dam 
                        authorized in section 412(b).
                            (ii) Development of clean coal conversion 
                        projects.
                            (iii) Renewable energy projects other than 
                        the project described in clause (i).
                    (D) CIP om&r account.--
                            (i) In general.--Amounts in the CIP OM&R 
                        Account shall be used for CIP OM&R costs.
                            (ii) Reduction of costs to tribal water 
                        users.--
                                    (I) In general.--Subject to 
                                subclause (II), the funds described in 
                                clause (i) shall be used to reduce the 
                                CIP OM&R costs to all tribal water 
                                users on a proportional basis for a 
                                given year.
                                    (II) Limitation on use of funds.--
                                Funds in the CIP OM&R Account shall be 
                                used to pay irrigation assessments only 
                                for the Tribe, tribal entities and 
                                instrumentalities, tribal members, 
                                allottees, and entities owned by the 
                                Tribe, tribal members, or allottees.
                    (E) MR&I system om&r account.--Funds from the MR&I 
                System OM&R Account shall be used to assist the Tribe 
                in paying MR&I System OM&R costs.
            (4) Withdrawals by tribe.--
                    (A) In general.--The Tribe may withdraw any portion 
                of amounts in the Fund on approval by the Secretary of 
                a tribal management plan in accordance with the 
                American Indian Trust Fund Management Reform Act of 
                1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--
                            (i) In general.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), the tribal management plan of 
                        the Tribe under subparagraph (A) shall require 
                        that the Tribe spend any amounts withdrawn from 
                        the Fund in accordance with this title.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial or administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce a tribal management plan to ensure that 
                        amounts withdrawn by the Tribe from the Fund 
                        under this paragraph are used in accordance 
                        with this title.
                    (C) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from the Fund by the 
                Tribe under this paragraph.
                    (D) Expenditure plan.--
                            (i) In general.--For each fiscal year, the 
                        Tribe shall submit to the Secretary for 
                        approval an expenditure plan for any portion of 
                        the amounts described in subparagraph (A) that 
                        the Tribe elects not to withdraw under this 
                        paragraph during the fiscal year.
                            (ii) Inclusion.--An expenditure plan under 
                        clause (i) shall include a description of the 
                        manner in which, and the purposes for which, 
                        amounts of the Tribe remaining in the Fund will 
                        be used during subsequent fiscal years.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan if the 
                        Secretary determines that the plan is--
                                    (I) reasonable; and
                                    (II) consistent with this title.
            (5) Annual reports.--The Tribe shall submit to the 
        Secretary annual reports describing each expenditure by the 
        Tribe of amounts in the Fund during the preceding calendar 
        year.
            (6) Certain per capita distributions prohibited.--No amount 
        in the Fund shall be distributed to any member of the Tribe on 
        a per capita basis.
    (f) Availability.--
            (1) In general.--Except as provided in paragraph (2), the 
        amounts in the Fund shall be available for use by the Secretary 
        and withdrawal by the Tribe beginning on the enforceability 
        date.
            (2) Exception.--The amounts made available under section 
        414(c) shall be available for use by the Secretary and 
        withdrawal by the Tribe beginning on the date on which the 
        Tribe ratifies the Compact as provided in section 410(e)(1)(E).
    (g) State Contribution.--The State of Montana contribution to the 
Fund shall be provided in accordance with article VI(A) of the Compact.
    (h) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code, is amended--
            (1) by redesignating paragraphs (35) and (36) as paragraphs 
        (36) and (37), respectively;
            (2) by redesignating the second paragraph (33) (relating to 
        obligational authority and outlays requested for homeland 
        security) as paragraph (35); and
            (3) by adding at the end the following:
            ``(38) a separate statement for the Crow Settlement Fund 
        established under section 411 of the Crow Tribe Water Rights 
        Settlement Act of 2010, which shall include the estimated 
        amount of deposits into the Fund, obligations, and outlays from 
        the Fund.''.

SEC. 412. YELLOWTAIL DAM, MONTANA.

    (a) Streamflow and Lake Level Management Plan.--
            (1) In general.--Nothing in this title, the Compact, or the 
        Streamflow and Lake Level Management Plan referred to in 
        article III(A)(7) of the Compact--
                    (A) limits the discretion of the Secretary under 
                the section 4F of that plan; or
                    (B) requires the Secretary to give priority to any 
                factor described in section 4F of that plan over any 
                other factor described in that section.
            (2) Bighorn lake management.--Bighorn Lake water 
        management, including the Streamflow and Lake Level Management 
        Plan, is a Federal activity, and the review and enforcement of 
        any water management decisions relating to Bighorn Lake shall 
        be as provided by Federal law.
            (3) Applicability of paragraphs (1) and (2).--The 
        Streamflow and Lake Level Management Plan referred to in and 
        part of the Compact shall be interpreted to clearly reflect 
        paragraphs (1) and (2).
            (4) Applicability of instream flow requirements in plan.--
        Notwithstanding any term (including any defined term) or 
        provision in the Streamflow and Lake Level Management Plan, for 
        purposes of this title, the Compact, and the Streamflow and 
        Lake Level Management Plan, any requirement in the Streamflow 
        and Lake Level Management Plan that the Tribe dedicate a 
        specified percentage, portion, or number of acre-feet of water 
        per year of the tribal water rights to instream flow means (and 
        is limited in meaning and effect to) an obligation on the part 
        of the Tribe to withhold from development or otherwise refrain 
        from diverting or removing from the Bighorn River the specified 
        quantity of water for the duration, at the locations, and under 
        the conditions set forth in the applicable requirement.
    (b) Power Generation.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Tribe shall have the exclusive right to develop and 
        market power generation on the Yellowtail Afterbay Dam, 
        provided that this exclusive right shall expire 15 years after 
        the date of enactment of this Act if construction has not been 
        substantially completed on the power generation project of the 
        Tribe.
            (2) Bureau of reclamation cooperation.--The Bureau of 
        Reclamation shall cooperate with the Tribe on the development 
        of any power generation project under this subsection.
            (3) Agreement.--Before construction of a power generation 
        project under this subsection, the Tribe shall enter into an 
        agreement with the Bureau of Reclamation that contains 
        provisions that--
                    (A) allocate the responsibilities for the design, 
                construction, and operations of the project;
                    (B) assure the compatibility of the power 
                generation project with the operations of the 
                Yellowtail Unit and the Yellowtail Afterbay Dam, which 
                shall include entering into agreements--
                            (i) regarding operating criteria and 
                        emergency procedures, as they relate to dam 
                        safety; and
                            (ii) under which, should the Tribe propose 
                        any modifications to facilities owned by the 
                        Bureau of Reclamation, the proposed 
                        modifications shall be subject to review and 
                        approval by the Secretary, acting through the 
                        Bureau of Reclamation;
                    (C) beginning 10 years after the date on which the 
                Tribe begins marketing power generated from the 
                Yellowtail Afterbay Dam, the Tribe shall make annual 
                payments for operation, maintenance, and replacement 
                costs in amounts determined in accordance with the 
                guidelines and methods of the Bureau of Reclamation for 
                assessing operation, maintenance, and replacement 
                charges, provided that such annual payments shall not 
                exceed 3 percent of gross annual revenue produced by 
                the sale of electricity generated by such project; and
                    (D) the Secretary--
                            (i) shall review the charges established in 
                        the agreement on the date that is 5 years after 
                        the date on which the Tribe makes the first 
                        payment described in subparagraph (C) to the 
                        Secretary under the agreement and at 5 year 
                        intervals thereafter; and
                            (ii) may increase or decrease the charges 
                        in proportion to the amount of any increase or 
                        decrease in the costs of operation, 
                        maintenance, and replacement for the Yellowtail 
                        Afterbay Dam, provided that any increase in 
                        operation, maintenance, and replacement costs 
                        assessed to the Tribe may not exceed--
                                    (I) 5 percent in any 5 year period; 
                                and
                                    (II) 3 percent of the gross annual 
                                revenue produced by the sale of 
                                electricity generated by such project.
            (4) Use of power by tribe.--Any hydroelectric power 
        generated in accordance with this subsection shall be used or 
        marketed by the Tribe.
            (5) Revenues.--The Tribe shall retain any revenues from the 
        sale of hydroelectric power generated by a project under this 
        subsection.
            (6) Liability of united states.--The United States shall 
        have no trust obligation to monitor, administer, or account 
        for--
                    (A) the revenues received by the Tribe under this 
                subsection; or
                    (B) the expenditure of the revenues received by the 
                Tribe under this subsection.
    (c) Consultation With Tribe.--The Bureau of Reclamation shall 
consult with the Tribe on at least a quarterly basis on all issues 
relating to the management of Yellowtail Dam by the Bureau of 
Reclamation.
    (d) Amendments to Compact and Plan.--The provisions of subsection 
(a) apply to any amendment to--
            (1) the Compact; or
            (2) the Streamflow and Lake Level Management Plan.

SEC. 413. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this title waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this title 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Tribe.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian 
land within the Reservation or the ceded strip--
            (1) the United States shall not submit against any Indian-
        owned land located within the Reservation or the ceded strip 
        any claim for reimbursement of the cost to the United States of 
        carrying out this title and the Compact; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation or the ceded strip shall be made regarding that 
        cost.
    (d) Limitation on Liability of United States.--
            (1) In general.--The United States has no trust or other 
        obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any funds provided to the Tribe by any party to 
                the Compact other than the United States; or
                    (B) to review or approve any expenditure of those 
                funds.
            (2) Indemnification.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        all claims (including claims for takings or breach of trust) 
        arising from the receipt or expenditure of amounts described in 
        paragraph (1)(A).
    (e) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.
    (f) Limitations on Effect.--
            (1) In general.--Nothing in this title, the Compact, or the 
        Streamflow and Lake Level Management Plan referred to in 
        article III(A)(7) of the Compact--
                    (A) limits, expands, alters, or otherwise affects--
                            (i) the meaning, interpretation, 
                        implementation, application, or effect of any 
                        article, provision, or term of the Yellowstone 
                        River Compact;
                            (ii) any right, requirement, or obligation 
                        under the Yellowstone River Compact;
                            (iii) any allocation (or manner of 
                        determining any allocation) of water under the 
                        Yellowstone River Compact; or
                            (iv) any present or future claim, defense, 
                        or other position asserted in any legal, 
                        administrative, or other proceeding arising 
                        under or relating to the Yellowstone River 
                        Compact (including the original proceeding 
                        between the State of Montana and the State of 
                        Wyoming pending as of the date of enactment of 
                        this Act before the United States Supreme 
                        Court);
                    (B) makes an allocation or apportionment of water 
                between or among States;
                    (C) addresses or implies whether, how, or to what 
                extent (if any)--
                            (i) the tribal water rights, or any portion 
                        of the tribal water rights, should be accounted 
                        for as part of or otherwise charged against any 
                        allocation of water made to a State under the 
                        provisions of the Yellowstone River Compact; or
                            (ii) the Yellowstone River Compact includes 
                        the tribal water rights or the water right of 
                        any Indian tribe as part of any allocation or 
                        other disposition of water under that compact; 
                        or
                    (D) waives the sovereign immunity from suit of any 
                State under the Eleventh Amendment to the Constitution 
                of the United States, except as expressly authorized in 
                Article IV(F)(8) of the Compact.
            (2) Effect of certain provisions in compact.--The 
        provisions in paragraphs (1) and (2) of article III (A)(6)(a), 
        paragraphs (1) and (2) of article III(B)(6)(a), paragraphs (1) 
        and (2) of article III(E)(6)(a), and paragraphs (1) and (2) of 
        article III (F)(6)(a) of the Compact that provide protections 
        to certain water rights recognized under the laws of the State 
        of Montana do not affect in any way, either directly or 
        indirectly, existing or future water rights (including the 
        exercise of any such rights) outside of the State of Montana.
    (g) Effect on Reclamation Law.--The activities carried out by the 
Bureau of Reclamation under this title shall not establish a precedent 
or impact the authority provided under any other provision of Federal 
reclamation law, including--
            (1) the Rural Supply Act of 2006 (Public Law 109-451; 120 
        Stat. 3345); and
            (2) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991).

SEC. 414. FUNDING.

    (a) Rehabilitation and Improvement of Crow Irrigation Project.--
            (1) Mandatory appropriation.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary $73,843,000, adjusted 
        to reflect changes since May 1, 2008, in construction cost 
        indices applicable to the types of construction involved in the 
        rehabilitation and improvement of the Crow Irrigation Project, 
        for the rehabilitation and improvement of the Crow Irrigation 
        Project.
            (2) Authorization of appropriations.--In addition to the 
        amount made available under paragraph (1), there is authorized 
        to be appropriated to the Secretary for the rehabilitation and 
        improvement of the Crow Irrigation Project $58,000,000, 
        adjusted to reflect changes since May 1, 2008, in construction 
        cost indices applicable to the types of construction involved 
        in the rehabilitation and improvement of the Crow Irrigation 
        Project.
    (b) Design and Construction of MR&I System.--
            (1) Mandatory appropriation.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary $146,000,000, adjusted 
        to reflect changes since May 1, 2008, in construction cost 
        indices applicable to the types of construction involved in the 
        design and construction of the MR&I System, for the design and 
        construction of the MR&I System.
            (2) Authorization of appropriations.--In addition to the 
        amount made available under paragraph (1), there is authorized 
        to be appropriated to the Secretary for the design and 
        construction of the MR&I System $100,381,000, adjusted to 
        reflect changes since May 1, 2008, in construction cost indices 
        applicable to the types of construction involved in the design 
        and construction of the MR&I System.
    (c) Tribal Compact Administration.--Out of any funds in the 
Treasury not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary $4,776,000, adjusted to reflect changes 
in appropriate cost indices during the period beginning on the date of 
enactment of this Act and ending on the date of the transfer, for 
Tribal Compact Administration.
    (d) Energy Development Projects.--Out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the Treasury shall 
transfer to the Secretary $20,000,000, adjusted to reflect changes in 
appropriate cost indices during the period beginning on the date of 
enactment of this Act and ending on the date of the transfer, for 
Energy Development Projects as set forth in section 411(e)(3)(C).
    (e) MR&I System OM&R.--Out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary $47,000,000, adjusted to reflect changes in appropriate 
cost indices during the period beginning on the date of enactment of 
this Act and ending on the date of the transfer, for MR&I System OM&R.
    (f) CIP OM&R.--Out of any funds in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall transfer to the 
Secretary $10,000,000, adjusted to reflect changes in appropriate cost 
indices during the period beginning on the date of enactment of this 
Act and ending on the date of the transfer, for CIP OM&R.
    (g) Use.--In addition to the uses authorized under subsections (a) 
and (b), such amounts as may be necessary of the amounts made available 
under those subsections may be used to carry out related activities 
necessary to comply with Federal environmental and cultural resource 
laws.
    (h) Account Transfers.--
            (1) In general.--The Secretary may transfer from the 
        amounts made available under subsection (a) such amounts as the 
        Secretary, with the concurrence of the Tribe, determines to be 
        necessary to supplement the amounts made available under 
        subsection (b), on a determination of the Secretary, in 
        consultation with the Tribe, that such a transfer is in the 
        best interest of the Tribe.
            (2) Other approved transfers.--The Secretary may transfer 
        from the amounts made available under subsection (b) such 
        amounts as the Secretary, with the concurrence of the Tribe, 
        determines to be necessary to supplement the amounts made 
        available under subsection (a), on a determination of the 
        Secretary, in consultation with the Tribe, that such a transfer 
        is in the best interest of the Tribe.
    (i) Receipt and Acceptance.--The Secretary shall be entitled to 
receive, shall accept, and shall use to carry out this section the 
funds transferred under subsections (a) through (f), without further 
appropriation.

SEC. 415. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE.

    If the Secretary does not publish a statement of findings under 
section 410(e) not later than March 31, 2016, or the extended date 
agreed to by the Tribe and the Secretary, after reasonable notice to 
the State of Montana, as applicable--
            (1) this title is repealed effective April 1, 2016, or the 
        day after the extended date agreed to by the Tribe and the 
        Secretary after reasonable notice to the State of Montana, 
        whichever is later;
            (2) any action taken by the Secretary and any contract or 
        agreement pursuant to the authority provided under any 
        provision of this title shall be void;
            (3) any amounts made available under section 414, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury;
            (4) any amounts made available under section 414 that 
        remain unexpended shall immediately revert to the general fund 
        of the Treasury; and
            (5) the United States shall be entitled to set off against 
        any claims asserted by the Tribe against the United States 
        relating to water rights--
                    (A) any funds expended or withdrawn from the 
                amounts made available pursuant to this title; and
                    (B) any funds made available to carry out the 
                activities authorized in this title from other 
                authorized sources.

SEC. 416. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this title (including any such 
obligation or activity under the Settlement Agreement) if adequate 
appropriations are not provided expressly by Congress to carry out the 
purposes of this title in the Reclamation Water Settlements Fund 
established under section 10501 of Public Law 111-11 or the ``Emergency 
Fund for Indian Safety and Health'' established by section 601(a) of 
the Tom Lantos and Henry J. Hyde United States Global Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 
(25 U.S.C. 443c(a)).

                TITLE V--TAOS PUEBLO INDIAN WATER RIGHTS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Taos Pueblo Indian Water Rights 
Settlement Act''.

SEC. 502. PURPOSES.

    The purposes of this title are--
            (1) to approve, ratify, and confirm the Taos Pueblo Indian 
        Water Rights Settlement Agreement;
            (2) to authorize and direct the Secretary to execute the 
        Settlement Agreement and to perform all obligations of the 
        Secretary under the Settlement Agreement and this title; and
            (3) to authorize all actions and appropriations necessary 
        for the United States to meet its obligations under the 
        Settlement Agreement and this title.

SEC. 503. DEFINITIONS.

    In this title:
            (1) Eligible non-pueblo entities.--The term ``Eligible Non-
        Pueblo Entities'' means the Town of Taos, the El Prado Water 
        and Sanitation District, and the New Mexico Department of 
        Finance and Administration Local Government Division on behalf 
        of the Acequia Madre del Rio Lucero y del Arroyo Seco, the 
        Acequia Madre del Prado, the Acequia del Monte, the Acequia 
        Madre del Rio Chiquito, the Upper Ranchitos Mutual Domestic 
        Water Consumers Association, the Upper Arroyo Hondo Mutual 
        Domestic Water Consumers Association, and the Llano Quemado 
        Mutual Domestic Water Consumers Association.
            (2) Enforcement date.--The term ``Enforcement Date'' means 
        the date upon which the Secretary publishes the notice required 
        by section 509(f)(1).
            (3) Mutual-benefit projects.--The term ``Mutual-Benefit 
        Projects'' means the projects described and identified in 
        articles 6 and 10.1 of the Settlement Agreement.
            (4) Partial final decree.--The term ``Partial Final 
        Decree'' means the Decree entered in New Mexico v. Abeyta and 
        New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 
        7939-BB (U.S. D.N.M.) (consolidated), for the resolution of the 
        Pueblo's water right claims and which is substantially in the 
        form agreed to by the Parties and attached to the Settlement 
        Agreement as Attachment 5.
            (5) Parties.--The term ``Parties'' means the Parties to the 
        Settlement Agreement, as identified in article 1 of the 
        Settlement Agreement.
            (6) Pueblo.--The term ``Pueblo'' means the Taos Pueblo, a 
        sovereign Indian tribe duly recognized by the United States of 
        America.
            (7) Pueblo lands.--The term ``Pueblo lands'' means those 
        lands located within the Taos Valley to which the Pueblo, or 
        the United States in its capacity as trustee for the Pueblo, 
        holds title subject to Federal law limitations on alienation. 
        Such lands include Tracts A, B, and C, the Pueblo's land grant, 
        the Blue Lake Wilderness Area, and the Tenorio and Karavas 
        Tracts and are generally depicted in Attachment 2 to the 
        Settlement Agreement.
            (8) San juan-chama project.--The term ``San Juan-Chama 
        Project'' means the Project authorized by section 8 of the Act 
        of June 13, 1962 (76 Stat. 96 and 97), and the Act of April 11, 
        1956 (70 Stat. 105).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Settlement agreement.--The term ``Settlement 
        Agreement'' means the contract dated March 31, 2006, between 
        and among--
                    (A) the United States, acting solely in its 
                capacity as trustee for Taos Pueblo;
                    (B) the Taos Pueblo, on its own behalf;
                    (C) the State of New Mexico;
                    (D) the Taos Valley Acequia Association and its 55 
                member ditches;
                    (E) the Town of Taos;
                    (F) the El Prado Water and Sanitation District; and
                    (G) the 12 Taos area Mutual Domestic Water 
                Consumers Associations, as amended to conform with this 
                title.
            (11) State engineer.--The term ``State Engineer'' means the 
        New Mexico State Engineer.
            (12) Taos valley.--The term ``Taos Valley'' means the 
        geographic area depicted in Attachment 4 of the Settlement 
        Agreement.

SEC. 504. PUEBLO RIGHTS.

    (a) In General.--Those rights to which the Pueblo is entitled under 
the Partial Final Decree shall be held in trust by the United States on 
behalf of the Pueblo and shall not be subject to forfeiture, 
abandonment, or permanent alienation.
    (b) Subsequent Act of Congress.--The Pueblo shall not be denied all 
or any part of its rights held in trust absent its consent unless such 
rights are explicitly abrogated by an Act of Congress hereafter 
enacted.

SEC. 505. TAOS PUEBLO WATER DEVELOPMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Taos Pueblo Water Development 
Fund'' (referred to in this section as the ``Fund'') to be used to pay 
or reimburse costs incurred by the Pueblo for--
            (1) acquiring water rights;
            (2) planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production, treatment or delivery 
        infrastructure, on-farm improvements, or wastewater 
        infrastructure;
            (3) restoring, preserving and protecting the Buffalo 
        Pasture, including planning, permitting, designing, 
        engineering, constructing, operating, managing and replacing 
        the Buffalo Pasture Recharge Project;
            (4) administering the Pueblo's water rights acquisition 
        program and water management and administration system; and
            (5) watershed protection and enhancement, support of 
        agriculture, water-related Pueblo community welfare and 
        economic development, and costs related to the negotiation, 
        authorization, and implementation of the Settlement Agreement.
    (b) Management of Fund.--The Secretary shall manage the Fund, 
invest amounts in the Fund, and make monies available from the Fund for 
distribution to the Pueblo consistent with the American Indian Trust 
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) 
(hereinafter, ``Trust Fund Reform Act''), this title, and the 
Settlement Agreement.
    (c) Investment of Fund.--Upon the Enforcement Date, the Secretary 
shall invest amounts in the Fund in accordance with--
            (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
        U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (52 Stat. 
        1037, ch. 648, 25 U.S.C. 162a); and
            (3) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.).
    (d) Availability of Amounts From Fund.--Upon the Enforcement Date, 
all monies deposited in the Fund pursuant to section 509(c)(1) or made 
available from other authorized sources shall be available to the 
Pueblo for expenditure or withdrawal after the requirements of 
subsection (e) have been met.
    (e) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                    (A) In general.--The Pueblo may withdraw all or 
                part of the Fund on approval by the Secretary of a 
                tribal management plan as described in the Trust Fund 
                Reform Act.
                    (B) Requirements.--In addition to the requirements 
                under the Trust Fund Reform Act, the tribal management 
                plan shall require that the Pueblo spend any funds in 
                accordance with the purposes described in subsection 
                (a).
            (2) Enforcement.--The Secretary may take judicial or 
        administrative action to enforce the requirement that monies 
        withdrawn from the Fund are used for the purposes specified in 
        subsection (a).
            (3) Liability.--If the Pueblo exercises the right to 
        withdraw monies from the Fund, neither the Secretary nor the 
        Secretary of the Treasury shall retain any liability for the 
        expenditure or investment of the monies withdrawn.
            (4) Expenditure plan.--
                    (A) In general.--The Pueblo shall submit to the 
                Secretary for approval an expenditure plan for any 
                portions of the funds made available under this title 
                that the Pueblo does not withdraw under paragraph 
                (1)(A).
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts remaining in the Fund will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this title.
            (5) Annual report.--The Pueblo shall submit to the 
        Secretary an annual report that describes all expenditures from 
        the Fund during the year covered by the report.
    (f) Amounts Available on Appropriation.--Notwithstanding subsection 
(d), $15,000,000 of the monies deposited in the Fund--
            (1) shall be available upon appropriation or availability 
        of the funds from other authorized sources for the Pueblo's 
        acquisition of water rights pursuant to Article 5.1.1.2.3 of 
        the Settlement Agreement, the Buffalo Pasture Recharge Project, 
        implementation of the Pueblo's water rights acquisition program 
        and water management and administration system, the design, 
        planning, engineering, permitting or construction of water or 
        wastewater infrastructure eligible for funding under subsection 
        (a), or costs related to the negotiation, authorization, and 
        implementation of the Settlement Agreement, provided that such 
        funds may be expended prior to the Enforcement Date only for 
        activities which are determined by the Secretary to be more 
        cost effective when implemented as early as possible; and
            (2) shall be distributed by the Secretary to the Pueblo on 
        receipt by the Secretary from the Pueblo of a written notice 
        and a Tribal Council resolution that describes the purposes 
        under paragraph (1) for which the monies will be used after a 
        cost-effectiveness determination by the Secretary has been made 
        as described in paragraph (1). The Secretary shall make the 
        determination described in paragraph (1) within a reasonable 
        period of time after receipt of the notice and resolution.
    (g) No Per Capita Distributions.--No portion of the Fund shall be 
distributed on a per capita basis to members of the Pueblo.

SEC. 506. MARKETING.

    (a) Pueblo Water Rights.--Subject to the approval of the Secretary 
in accordance with subsection (e), the Pueblo may market water rights 
secured to it under the Settlement Agreement and Partial Final Decree, 
provided that such marketing is in accordance with this section.
    (b) Pueblo Contract Rights to San Juan-Chama Project Water.--
Subject to the approval of the Secretary in accordance with subsection 
(e), the Pueblo may subcontract water made available to the Pueblo 
under the contract authorized under section 508(b)(1)(A) to third 
parties to supply water for use within or without the Taos Valley, 
provided that the delivery obligations under such subcontract are not 
inconsistent with the Secretary's existing San Juan-Chama Project 
obligations and such subcontract is in accordance with this section.
    (c) Limitation.--
            (1) In general.--Diversion or use of water off Pueblo lands 
        pursuant to Pueblo water rights or Pueblo contract rights to 
        San Juan-Chama Project water shall be subject to and not 
        inconsistent with the same requirements and conditions of State 
        law, any applicable Federal law, and any applicable interstate 
        compact as apply to the exercise of water rights or contract 
        rights to San Juan-Chama Project water held by non-Federal, 
        non-Indian entities, including all applicable State Engineer 
        permitting and reporting requirements.
            (2) Effect on water rights.--Such diversion or use off 
        Pueblo lands under paragraph (1) shall not impair water rights 
        or increase surface water depletions within the Taos Valley.
    (d) Maximum Term.--
            (1) In general.--The maximum term of any water use lease or 
        subcontract, including all renewals, shall not exceed 99 years 
        in duration.
            (2) Alienation of rights.--The Pueblo shall not permanently 
        alienate any rights it has under the Settlement Agreement, the 
        Partial Final Decree, and this title.
    (e) Approval of Secretary.--The Secretary shall approve or 
disapprove any lease or subcontract submitted by the Pueblo for 
approval within a reasonable period of time after submission, provided 
that no Secretarial approval shall be required for any water use lease 
for less than 10 acre-feet per year with a term of less than 7 years, 
including all renewals.
    (f) No Forfeiture or Abandonment.--The nonuse by a lessee or 
subcontractor of the Pueblo of any right to which the Pueblo is 
entitled under the Partial Final Decree shall in no event result in a 
forfeiture, abandonment, relinquishment, or other loss of all or any 
part of those rights.
    (g) No Preemption.--
            (1) In general.--The approval authority of the Secretary 
        provided under subsection (e) shall not amend, construe, 
        supersede, or preempt any State or Federal law, interstate 
        compact, or international treaty that pertains to the Colorado 
        River, the Rio Grande, or any of their tributaries, including 
        the appropriation, use, development, storage, regulation, 
        allocation, conservation, exportation, or quantity of those 
        waters.
            (2) Applicable law.--The provisions of section 2116 of the 
        Revised Statutes (25 U.S.C. 177) shall not apply to any water 
        made available under the Settlement Agreement.
    (h) No Prejudice.--Nothing in this title shall be construed to 
establish, address, prejudice, or prevent any party from litigating 
whether or to what extent any applicable State law, Federal law, or 
interstate compact does or does not permit, govern, or apply to the use 
of the Pueblo's water outside of New Mexico.

SEC. 507. MUTUAL-BENEFIT PROJECTS.

    (a) In General.--Upon the Enforcement Date, the Secretary, acting 
through the Commissioner of Reclamation, shall provide financial 
assistance in the form of grants on a nonreimbursable basis to Eligible 
Non-Pueblo Entities to plan, permit, design, engineer, and construct 
the Mutual-Benefit Projects in accordance with the Settlement 
Agreement--
            (1) to minimize adverse impacts on the Pueblo's water 
        resources by moving future non-Indian ground water pumping away 
        from the Pueblo's Buffalo Pasture; and
            (2) to implement the resolution of a dispute over the 
        allocation of certain surface water flows between the Pueblo 
        and non-Indian irrigation water right owners in the community 
        of Arroyo Seco Arriba.
    (b) Cost-sharing.--
            (1) Federal share.--The Federal share of the total cost of 
        planning, designing, and constructing the Mutual-Benefit 
        Projects authorized in subsection (a) shall be 75 percent and 
        shall be nonreimbursable.
            (2) Non-federal share.--The non-Federal share of the total 
        cost of planning, designing, and constructing the Mutual-
        Benefit Projects shall be 25 percent and may be in the form of 
        in-kind contributions, including the contribution of any 
        valuable asset or service that the Secretary determines would 
        substantially contribute to completing the Mutual-Benefit 
        Projects.
            (3) Additional state contribution.--As a condition of 
        expenditure by the Secretary of the funds made available under 
        section 509(c)(2), the State shall--
                    (A) appropriate and make available the non-Federal 
                share described in paragraph (2); and
                    (B) agree to provide additional funding associated 
                with the Mutual-Benefit Projects as described in 
                paragraph 10 of the Settlement Agreement.

SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS.

    (a) In General.--Contracts issued under this section shall be in 
accordance with this title and the Settlement Agreement.
    (b) Contracts for San Juan-Chama Project Water.--
            (1) In general.--The Secretary shall enter into 3 repayment 
        contracts within a reasonable period after the date of 
        enactment of this Act, for the delivery of San Juan-Chama 
        Project water in the following amounts:
                    (A) 2,215 acre-feet/annum to the Pueblo.
                    (B) 366 acre-feet/annum to the Town of Taos.
                    (C) 40 acre-feet/annum to the El Prado Water and 
                Sanitation District.
            (2) Requirements.--Each such contract shall provide that if 
        the conditions precedent set forth in section 509(f)(2) have 
        not been fulfilled by March 31, 2017, the contract shall expire 
        on that date.
            (3) Applicable law.--Public Law 87-483 (76 Stat. 97) 
        applies to the contracts entered into under paragraph (1) and 
        no preference shall be applied as a result of section 504(a) 
        with regard to the delivery or distribution of San Juan-Chama 
        Project water or the management or operation of the San Juan-
        Chama Project.
    (c) Waiver.--With respect to the contract authorized and required 
by subsection (b)(1)(A) and notwithstanding the provisions of Public 
Law 87-483 (76 Stat. 96) or any other provision of law--
            (1) the Secretary shall waive the entirety of the Pueblo's 
        share of the construction costs, both principal and the 
        interest, for the San Juan-Chama Project and pursuant to that 
        waiver, the Pueblo's share of all construction costs for the 
        San Juan-Chama Project, inclusive of both principal and 
        interest shall be nonreimbursable; and
            (2) the Secretary's waiver of the Pueblo's share of the 
        construction costs for the San Juan-Chama Project will not 
        result in an increase in the pro rata shares of other San Juan-
        Chama Project water contractors, but such costs shall be 
        absorbed by the United States Treasury or otherwise 
        appropriated to the Department of the Interior.

SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND CONDITIONS 
              PRECEDENT.

    (a) Ratification.--
            (1) In general.--Except to the extent that any provision of 
        the Settlement Agreement conflicts with any provision of this 
        title, the Settlement Agreement is authorized, ratified, and 
        confirmed.
            (2) Amendments.--To the extent amendments are executed to 
        make the Settlement Agreement consistent with this title, such 
        amendments are also authorized, ratified, and confirmed.
    (b) Execution of Settlement Agreement.--To the extent that the 
Settlement Agreement does not conflict with this title, the Secretary 
shall execute the Settlement Agreement, including all exhibits to the 
Settlement Agreement requiring the signature of the Secretary and any 
amendments necessary to make the Settlement Agreement consistent with 
this title, after the Pueblo has executed the Settlement Agreement and 
any such amendments.
    (c) Funding.--
            (1) Taos pueblo water development fund.--
                    (A) Mandatory appropriation.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall transfer to the Secretary for 
                deposit in the Taos Pueblo Water Development Fund 
                established by section 505(a), for the period of fiscal 
                years 2011 through 2016, $50,000,000, as adjusted by 
                such amounts as may be required due to increases since 
                April 1, 2007, in construction costs, as indicated by 
                engineering cost indices applicable to the types of 
                construction or rehabilitation involved.
                    (B) Authorization of appropriations.--In addition 
                to the amount made available under subparagraph (A), 
                there is authorized to be appropriated to the Secretary 
                for deposit in the Taos Pueblo Water Development Fund 
                established by section 505(a) $38,000,000, as adjusted 
                by such amounts as may be required due to increases 
                since April 1, 2007, in construction costs, as 
                indicated by engineering cost indices applicable to the 
                types of construction or rehabilitation involved, for 
                the period of fiscal years 2011 through 2016.
            (2) Mutual-benefit projects funding.--
                    (A) Funding.--
                            (i) Mandatory appropriation.--Out of any 
                        funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to provide 
                        grants pursuant to section 507 $16,000,000 for 
                        the period of fiscal years 2011 through 2016.
                            (ii) Authorization of appropriations.--In 
                        addition to the amount made available under 
                        clause (i), there is authorized to be 
                        appropriated to the Secretary to provide grants 
                        pursuant to section 507 $20,000,000 for the 
                        period of fiscal years 2011 through 2016.
                    (B) Deposit in fund.--The Secretary shall deposit 
                the funds made available pursuant to subparagraph (A) 
                into a noninterest-bearing fund, to be known as the 
                ``Taos Settlement Fund'', to be established in the 
                Treasury of the United States so that such funds may be 
                made available on the Enforcement Date as set forth in 
                section 507(a).
            (3) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this title the funds transferred under paragraphs (1)(A) and 
        (2)(A)(i), without further appropriation, to remain available 
        until expended.
    (d) Authority of Secretary.--The Secretary is authorized to enter 
into such agreements and to take such measures as the Secretary may 
deem necessary or appropriate to fulfill the intent of the Settlement 
Agreement and this title.
    (e) Environmental Compliance.--
            (1) Effect of execution of settlement agreement.--The 
        Secretary's execution of the Settlement Agreement shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Compliance with environmental laws.--In carrying out 
        this title, the Secretary shall comply with each law of the 
        Federal Government relating to the protection of the 
        environment, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
    (f) Conditions Precedent and Secretarial Finding.--
            (1) In general.--Upon the fulfillment of the conditions 
        precedent described in paragraph (2), the Secretary shall 
        publish in the Federal Register a statement of finding that the 
        conditions have been fulfilled.
            (2) Conditions.--The conditions precedent referred to in 
        paragraph (1) are the following:
                    (A) The President has signed into law the Taos 
                Pueblo Indian Water Rights Settlement Act.
                    (B) To the extent that the Settlement Agreement 
                conflicts with this title, the Settlement Agreement has 
                been revised to conform with this title.
                    (C) The Settlement Agreement, so revised, including 
                waivers and releases pursuant to section 510, has been 
                executed by the Parties and the Secretary prior to the 
                Parties' motion for entry of the Partial Final Decree.
                    (D) Congress has fully appropriated or the 
                Secretary has provided from other authorized sources 
                all funds made available under paragraphs (1) and (2) 
                of subsection (c).
                    (E) The Legislature of the State of New Mexico has 
                fully appropriated the funds for the State 
                contributions as specified in the Settlement Agreement, 
                and those funds have been deposited in appropriate 
                accounts.
                    (F) The State of New Mexico has enacted legislation 
                that amends NMSA 1978, section 72-6-3 to state that a 
                water use due under a water right secured to the Pueblo 
                under the Settlement Agreement or the Partial Final 
                Decree may be leased for a term, including all 
                renewals, not to exceed 99 years, provided that this 
                condition shall not be construed to require that said 
                amendment state that any State law based water rights 
                acquired by the Pueblo or by the United States on 
                behalf of the Pueblo may be leased for said term.
                    (G) A Partial Final Decree that sets forth the 
                water rights and contract rights to water to which the 
                Pueblo is entitled under the Settlement Agreement and 
                this title and that substantially conforms to the 
                Settlement Agreement and Attachment 5 thereto has been 
                approved by the Court and has become final and 
                nonappealable.
    (g) Enforcement Date.--The Settlement Agreement shall become 
enforceable, and the waivers and releases executed pursuant to section 
510 and the limited waiver of sovereign immunity set forth in section 
511(a) shall become effective, as of the date that the Secretary 
publishes the notice required by subsection (f)(1).
    (h) Expiration Date.--
            (1) In general.--If all of the conditions precedent 
        described in section (f)(2) have not been fulfilled by March 
        31, 2017, the Settlement Agreement shall be null and void, the 
        waivers and releases executed pursuant to section 510 and the 
        sovereign immunity waivers in section 511(a) shall not become 
        effective, and any unexpended Federal funds, together with any 
        income earned thereon, and title to any property acquired or 
        constructed with expended Federal funds, shall be returned to 
        the Federal Government, unless otherwise agreed to by the 
        Parties in writing and approved by Congress.
            (2) Exception.--Notwithstanding subsection (h)(1) or any 
        other provision of law, except as provided in subsection (i), 
        title to any property acquired or constructed with expended 
        Federal funds made available under section 505(f) shall be 
        retained by the Pueblo.
    (i) Right to Set-off.--If the conditions precedent described in 
subsection (f)(2) have not been fulfilled by March 31, 2017, and the 
Settlement Agreement is null and void under subsection (h)(1)--
            (1) the United States shall be entitled to set off any 
        Federal funds made available under section 505(f) that were 
        used for purposes other than the purchase of water rights 
        against any claim of the Pueblo against the United States 
        described in section 510(b) (but excluding any claim retained 
        under section 510(c)); and
            (2) the Pueblo shall have the option either--
                    (A) to accept an equitable credit for any water 
                rights acquired with funds made available under section 
                505(f) against any water rights secured for the Pueblo 
                by the Pueblo, or by the United States on behalf of the 
                Pueblo, in any litigation or future settlement of the 
                case styled New Mexico v. Abeyta and New Mexico v. 
                Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-BB 
                (U.S. D.N.M.) (consolidated); or
                    (B) to convey to the United States any water rights 
                acquired with funds made available under section 
                505(f).
    (j) Extension.--The dates in subsections (h) and (i) and section 
510(e) may be extended if the Parties agree that an extension is 
reasonably necessary.

SEC. 510. WAIVERS AND RELEASES OF CLAIMS.

    (a) Claims by the Pueblo and the United States.--In return for 
recognition of the Pueblo's water rights and other benefits, including 
but not limited to the commitments by non-Pueblo parties, as set forth 
in the Settlement Agreement and this title, the Pueblo, on behalf of 
itself and its members, and the United States acting in its capacity as 
trustee for the Pueblo are authorized to execute a waiver and release 
of claims against the parties to New Mexico v. Abeyta and New Mexico v. 
Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.) 
(consolidated) from--
            (1) all claims for water rights in the Taos Valley that the 
        Pueblo, or the United States acting in its capacity as trustee 
        for the Pueblo, asserted, or could have asserted, in any 
        proceeding, including but not limited to in New Mexico v. 
        Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 
        D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated), up to and 
        including the Enforcement Date, except to the extent that such 
        rights are recognized in the Settlement Agreement or this 
        title;
            (2) all claims for water rights, whether for consumptive or 
        nonconsumptive use, in the Rio Grande mainstream or its 
        tributaries that the Pueblo, or the United States acting in its 
        capacity as trustee for the Pueblo, asserted or could assert in 
        any water rights adjudication proceedings except those claims 
        based on Pueblo or United States ownership of lands or water 
        rights acquired after the Enforcement Date, provided that 
        nothing in this paragraph shall prevent the Pueblo or the 
        United States from fully participating in the inter se phase of 
        any such water rights adjudication proceedings;
            (3) all claims for damages, losses or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including but not limited to claims for injury to lands 
        resulting from such damages, losses, injuries, interference 
        with, diversion, or taking) in the Rio Grande mainstream or its 
        tributaries or for lands within the Taos Valley that accrued at 
        any time up to and including the Enforcement Date; and
            (4) all claims against the State of New Mexico, its 
        agencies, or employees relating to the negotiation or the 
        adoption of the Settlement Agreement.
    (b) Claims by the Pueblo Against the United States.--The Pueblo, on 
behalf of itself and its members, is authorized to execute a waiver and 
release of--
            (1) all claims against the United States, its agencies, or 
        employees relating to claims for water rights in or water of 
        the Taos Valley that the United States acting in its capacity 
        as trustee for the Pueblo asserted, or could have asserted, in 
        any proceeding, including but not limited to in New Mexico v. 
        Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 
        D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
            (2) all claims against the United States, its agencies, or 
        employees relating to damages, losses, or injuries to water, 
        water rights, land, or natural resources due to loss of water 
        or water rights (including but not limited to damages, losses 
        or injuries to hunting, fishing, gathering, or cultural rights 
        due to loss of water or water rights, claims relating to 
        interference with, diversion or taking of water or water 
        rights, or claims relating to failure to protect, acquire, 
        replace, or develop water, water rights or water 
        infrastructure) in the Rio Grande mainstream or its tributaries 
        or within the Taos Valley that first accrued at any time up to 
        and including the Enforcement Date;
            (3) all claims against the United States, its agencies, or 
        employees for an accounting of funds appropriated by the Act of 
        March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931 (46 
        Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757), the Act 
        of August 9, 1937 (50 Stat. 564), and the Act of May 9, 1938 
        (52 Stat. 291), as authorized by the Pueblo Lands Act of June 
        7, 1924 (43 Stat. 636), and the Pueblo Lands Act of May 31, 
        1933 (48 Stat. 108), and for breach of trust relating to funds 
        for water replacement appropriated by said Acts that first 
        accrued before the date of enactment of this Act;
            (4) all claims against the United States, its agencies, or 
        employees relating to the pending litigation of claims relating 
        to the Pueblo's water rights in New Mexico v. Abeyta and New 
        Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-
        BB (U.S. D.N.M.) (consolidated); and
            (5) all claims against the United States, its agencies, or 
        employees relating to the negotiation, Execution or the 
        adoption of the Settlement Agreement, exhibits thereto, the 
        Final Decree, or this title.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this title, the Pueblo on behalf 
of itself and its members and the United States acting in its capacity 
as trustee for the Pueblo retain--
            (1) all claims for enforcement of the Settlement Agreement, 
        the Final Decree, including the Partial Final Decree, the San 
        Juan-Chama Project contract between the Pueblo and the United 
        States, or this title;
            (2) all claims against persons other than the Parties to 
        the Settlement Agreement for damages, losses or injuries to 
        water rights or claims of interference with, diversion or 
        taking of water rights (including but not limited to claims for 
        injury to lands resulting from such damages, losses, injuries, 
        interference with, diversion, or taking of water rights) within 
        the Taos Valley arising out of activities occurring outside the 
        Taos Valley or the Taos Valley Stream System;
            (3) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (4) all rights to use and protect water rights acquired 
        pursuant to State law, to the extent not inconsistent with the 
        Partial Final Decree and the Settlement Agreement (including 
        water rights for the land the Pueblo owns in Questa, New 
        Mexico);
            (5) all claims relating to activities affecting the quality 
        of water including but not limited to any claims the Pueblo 
        might have under the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.) (including but not limited to claims for damages to 
        natural resources), the Safe Drinking Water Act (42 U.S.C. 300f 
        et seq.), the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), and the regulations implementing those Acts;
            (6) all claims relating to damages, losses, or injuries to 
        land or natural resources not due to loss of water or water 
        rights (including but not limited to hunting, fishing, 
        gathering, or cultural rights); and
            (7) all rights, remedies, privileges, immunities, powers, 
        and claims not specifically waived and released pursuant to 
        this title and the Settlement Agreement.
    (d) Effect.--Nothing in the Settlement Agreement or this title--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        but not limited to any laws relating to health, safety, or the 
        environment, including but not limited to the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.), the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.), and the regulations implementing such 
        Acts;
            (2) affects the ability of the United States to take 
        actions acting in its capacity as trustee for any other Indian 
        tribe or allottee;
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; or
                    (B) conduct judicial review of Federal agency 
                action; or
            (4) waives any claim of a member of the Pueblo in an 
        individual capacity that does not derive from a right of the 
        Pueblo.
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the earlier of--
                    (A) March 31, 2017; or
                    (B) the Enforcement Date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this subsection precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 511. INTERPRETATION AND ENFORCEMENT.

    (a) Limited Waiver of Sovereign Immunity.--Upon and after the 
Enforcement Date, if any Party to the Settlement Agreement brings an 
action in any court of competent jurisdiction over the subject matter 
relating only and directly to the interpretation or enforcement of the 
Settlement Agreement or this title, and names the United States or the 
Pueblo as a party, then the United States, the Pueblo, or both may be 
added as a party to any such action, and any claim by the United States 
or the Pueblo to sovereign immunity from the action is waived, but only 
for the limited and sole purpose of such interpretation or enforcement, 
and no waiver of sovereign immunity is made for any action against the 
United States or the Pueblo that seeks money damages.
    (b) Subject Matter Jurisdiction Not Affected.--Nothing in this 
title shall be deemed as conferring, restricting, enlarging, or 
determining the subject matter jurisdiction of any court, including the 
jurisdiction of the court that enters the Partial Final Decree 
adjudicating the Pueblo's water rights.
    (c) Regulatory Authority Not Affected.--Nothing in this title shall 
be deemed to determine or limit any authority of the State or the 
Pueblo to regulate or administer waters or water rights now or in the 
future.

SEC. 512. DISCLAIMER.

    Nothing in the Settlement Agreement or this title shall be 
construed in any way to quantify or otherwise adversely affect the land 
and water rights, claims, or entitlements to water of any other Indian 
tribe.

SEC. 513. ANTIDEFICIENCY.

    The United States shall not be liable for failure to carry out any 
obligation or activity authorized to be carried out under this title 
(including any such obligation or activity under the Agreement) if 
adequate appropriations are not provided expressly to carry out the 
purposes of this title by Congress or there are not enough monies 
available to carry out the purposes of this title in the Reclamation 
Water Settlements Fund established under section 10501 of Public Law 
111-11 or the ``Emergency Fund for Indian Safety and Health'' 
established by section 601(a) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)).

                 TITLE VI--AAMODT LITIGATION SETTLEMENT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Aamodt Litigation Settlement 
Act''.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Aamodt case.--The term ``Aamodt Case'' means the civil 
        action entitled State of New Mexico, ex rel. State Engineer and 
        United States of America, Pueblo de Nambe, Pueblo de Pojoaque, 
        Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee 
        Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).
            (2) Acre-feet.--The term ``acre-feet'' means acre-feet of 
        water per year.
            (3) Authority.--The term ``Authority'' means the Pojoaque 
        Basin Regional Water Authority described in section 9.5 of the 
        Settlement Agreement or an alternate entity acceptable to the 
        Pueblos and the County to operate and maintain the diversion 
        and treatment facilities, certain transmission pipelines, and 
        other facilities of the Regional Water System.
            (4) City.--The term ``City'' means the city of Santa Fe, 
        New Mexico.
            (5) Cost-sharing and system integration agreement.--The 
        term ``Cost-Sharing and System Integration Agreement'' means 
        the agreement, dated August 27, 2009, to be executed by the 
        United States, the State, the Pueblos, the County, and the City 
        that--
                    (A) describes the location, capacity, and 
                management (including the distribution of water to 
                customers) of the Regional Water System; and
                    (B) allocates the costs of the Regional Water 
                System with respect to--
                            (i) the construction, operation, 
                        maintenance, and repair of the Regional Water 
                        System;
                            (ii) rights-of-way for the Regional Water 
                        System; and
                            (iii) the acquisition of water rights.
            (6) County.--The term ``County'' means Santa Fe County, New 
        Mexico.
            (7) County distribution system.--The term ``County 
        Distribution System'' means the portion of the Regional Water 
        System that serves water customers on non-Pueblo land in the 
        Pojoaque Basin.
            (8) County water utility.--The term ``County Water 
        Utility'' means the water utility organized by the County to--
                    (A) receive water distributed by the Authority; and
                    (B) provide the water received under subparagraph 
                (A) to customers on non-Pueblo land in the Pojoaque 
                Basin.
            (9) Engineering report.--The term ``Engineering Report'' 
        means the report entitled ``Pojoaque Regional Water System 
        Engineering Report'' dated September 2008 and any amendments 
        thereto, including any modifications which may be required by 
        section 611(d)(2).
            (10) Fund.--The term ``Fund'' means the Aamodt Settlement 
        Pueblos' Fund established by section 615(a).
            (11) Operating agreement.--The term ``Operating Agreement'' 
        means the agreement between the Pueblos and the County executed 
        under section 612(a).
            (12) Operations, maintenance, and replacement costs.--
                    (A) In general.--The term ``operations, 
                maintenance, and replacement costs'' means all costs 
                for the operation of the Regional Water System that are 
                necessary for the safe, efficient, and continued 
                functioning of the Regional Water System to produce the 
                benefits described in the Settlement Agreement.
                    (B) Exclusion.--The term ``operations, maintenance, 
                and replacement costs'' does not include construction 
                costs or costs related to construction design and 
                planning.
            (13) Pojoaque basin.--
                    (A) In general.--The term ``Pojoaque Basin'' means 
                the geographic area limited by a surface water divide 
                (which can be drawn on a topographic map), within which 
                area rainfall and runoff flow into arroyos, drainages, 
                and named tributaries that eventually drain to--
                            (i) the Rio Pojoaque; or
                            (ii) the 2 unnamed arroyos immediately 
                        south; and
                            (iii) 2 arroyos (including the Arroyo 
                        Alamo) that are north of the confluence of the 
                        Rio Pojoaque and the Rio Grande.
                    (B) Inclusion.--The term ``Pojoaque Basin'' 
                includes the San Ildefonso Eastern Reservation 
                recognized by section 8 of Public Law 87-231 (75 Stat. 
                505).
            (14) Pueblo.--The term ``Pueblo'' means each of the pueblos 
        of Nambe, Pojoaque, San Ildefonso, or Tesuque.
            (15) Pueblos.--The term ``Pueblos'' means collectively the 
        Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
            (16) Pueblo land.--The term ``Pueblo land'' means any real 
        property that is--
                    (A) held by the United States in trust for a Pueblo 
                within the Pojoaque Basin;
                    (B)(i) owned by a Pueblo within the Pojoaque Basin 
                before the date on which a court approves the 
                Settlement Agreement; or
                    (ii) acquired by a Pueblo on or after the date on 
                which a court approves the Settlement Agreement, if the 
                real property is located--
                            (I) within the exterior boundaries of the 
                        Pueblo, as recognized and conformed by a patent 
                        issued under the Act of December 22, 1858 (11 
                        Stat. 374, chapter V); or
                            (II) within the exterior boundaries of any 
                        territory set aside for the Pueblo by law, 
                        executive order, or court decree;
                    (C) owned by a Pueblo or held by the United States 
                in trust for the benefit of a Pueblo outside the 
                Pojoaque Basin that is located within the exterior 
                boundaries of the Pueblo as recognized and confirmed by 
                a patent issued under the Act of December 22, 1858 (11 
                Stat. 374, chapter V); or
                    (D) within the exterior boundaries of any real 
                property located outside the Pojoaque Basin set aside 
                for a Pueblo by law, executive order, or court decree, 
                if the land is within or contiguous to land held by the 
                United States in trust for the Pueblo as of January 1, 
                2005.
            (17) Pueblo water facility.--
                    (A) In general.--The term ``Pueblo Water Facility'' 
                means--
                            (i) a portion of the Regional Water System 
                        that serves only water customers on Pueblo 
                        land; and
                            (ii) portions of a Pueblo water system in 
                        existence on the date of enactment of this Act 
                        that serve water customers on non-Pueblo land, 
                        also in existence on the date of enactment of 
                        this Act, or their successors, that are--
                                    (I) depicted in the final project 
                                design, as modified by the drawings 
                                reflecting the completed Regional Water 
                                System; and
                                    (II) described in the Operating 
                                Agreement.
                    (B) Inclusions.--The term ``Pueblo Water Facility'' 
                includes--
                            (i) the barrier dam and infiltration 
                        project on the Rio Pojoaque described in the 
                        Engineering Report; and
                            (ii) the Tesuque Pueblo infiltration pond 
                        described in the Engineering Report.
            (18) Regional water system.--
                    (A) In general.--The term ``Regional Water System'' 
                means the Regional Water System described in section 
                611(a).
                    (B) Exclusions.--The term ``Regional Water System'' 
                does not include the County or Pueblo water supply 
                delivered through the Regional Water System.
            (19) San juan-chama project.--The term ``San Juan-Chama 
        Project'' means the Project authorized by section 8 of the Act 
        of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 
        1956 (70 Stat. 105).
            (20) San juan-chama project act.--The term ``San Juan-Chama 
        Project Act'' means sections 8 through 18 of the Act of June 
        13, 1962 (76 Stat. 96, 97).
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement among the State, the Pueblos, 
        the United States, the County, and the City dated January 19, 
        2006, and signed by all of the government parties to the 
        Settlement Agreement (other than the United States) on May 3, 
        2006, as amended in conformity with this title.
            (23) State.--The term ``State'' means the State of New 
        Mexico.

            Subtitle A--Pojoaque Basin Regional Water System

SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall plan, design, and construct a regional water system 
in accordance with the Settlement Agreement, to be known as the 
``Regional Water System''--
            (1) to divert and distribute water to the Pueblos and to 
        the County Water Utility, in accordance with the Engineering 
        Report; and
            (2) that consists of--
                    (A) surface water diversion facilities at San 
                Ildefonso Pueblo on the Rio Grande; and
                    (B) any treatment, transmission, storage and 
                distribution facilities and wellfields for the County 
                Distribution System and Pueblo Water Facilities that 
                are necessary to supply 4,000 acre-feet of water within 
                the Pojoaque Basin, unless modified in accordance with 
                subsection (d)(2).
    (b) Final Project Design.--The Secretary shall issue a final 
project design within 90 days of completion of the environmental 
compliance described in section 616 for the Regional Water System 
that--
            (1) is consistent with the Engineering Report; and
            (2) includes a description of any Pueblo Water Facilities.
    (c) Acquisition of Land; Water Rights.--
            (1) Acquisition of land.--Upon request, and in exchange for 
        the funding which shall be provided in section 617(c), the 
        Pueblos shall consent to the grant of such easements and 
        rights-of-way as may be necessary for the construction of the 
        Regional Water System at no cost to the Secretary. To the 
        extent that the State or County own easements or rights-of-way 
        that may be used for construction of the Regional Water System, 
        the State or County shall provide that land or interest in land 
        as necessary for construction at no cost to the Secretary. The 
        Secretary shall acquire any other land or interest in land that 
        is necessary for the construction of the Regional Water System.
            (2) Water rights.--The Secretary shall not condemn water 
        rights for purposes of the Regional Water System.
    (d) Conditions for Construction.--
            (1) In general.--The Secretary shall not begin construction 
        of the Regional Water System facilities until the date on 
        which--
                    (A) the Secretary executes--
                            (i) the Settlement Agreement; and
                            (ii) the Cost-Sharing and System 
                        Integration Agreement; and
                    (B) the State and the County have entered into an 
                agreement with the Secretary to contribute the non-
                Federal share of the costs of the construction in 
                accordance with the Cost-Sharing and System Integration 
                Agreement.
            (2) Modifications to regional water system.--
                    (A) In general.--The State and the County, in 
                agreement with the Pueblos, the City, and other 
                signatories to the Cost-Sharing and System Integration 
                Agreement, may modify the extent, size, and capacity of 
                the County Distribution System as set forth in the 
                Cost-Sharing and System Integration Agreement.
                    (B) Effect.--A modification under subparagraph 
                (A)--
                            (i) shall not affect implementation of the 
                        Settlement Agreement so long as the provisions 
                        in section 623 are satisfied; and
                            (ii) may result in an adjustment of the 
                        State and County cost-share allocation as set 
                        forth in the Cost-Sharing and System 
                        Integration Agreement.
    (e) Applicable Law.--The Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design 
and construction of the Regional Water System.
    (f) Construction Costs.--
            (1) Pueblo water facilities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the expenditures of the Secretary to construct the 
                Pueblo Water Facilities under this section shall not 
                exceed $106,400,000.
                    (B) Exception.--The amount described in 
                subparagraph (A) shall be increased or decreased, as 
                appropriate, based on ordinary fluctuations in 
                construction costs since October 1, 2006, as determined 
                using applicable engineering cost indices.
            (2) Costs to pueblo.--The costs incurred by the Secretary 
        in carrying out activities to construct the Pueblo Water 
        Facilities under this section shall not be reimbursable to the 
        United States.
            (3) County distribution system.--As a condition of the 
        Secretary using the funds made available pursuant to section 
        617(a)(1), the costs of constructing the County Distribution 
        System shall be a State and local expense pursuant to the Cost-
        Sharing and System Integration Agreement.
    (g) Initiation of Discussions.--
            (1) In general.--If the Secretary determines that the cost 
        of constructing the Regional Water System exceed the amounts 
        described in the Cost-Sharing and System Integration Agreement 
        for construction of the Regional Water System and would 
        necessitate funds in excess of the amount made available 
        pursuant to section 617(a)(1), the Secretary shall initiate 
        negotiations with the parties to the Cost-Sharing and System 
        Integration Agreement for an agreement regarding non-Federal 
        contributions to ensure that the Regional Water System can be 
        completed as required by section 623(e).
            (2) Joint responsibilities.--The United States shall not 
        bear the entire amount of any cost overrun, nor shall the State 
        be responsible to pay any amounts in addition to the amounts 
        specified in the Cost-Sharing and System Integration Agreement.
    (h) Conveyance of Regional Water System Facilities.--
            (1) In general.--Subject to paragraph (2), on completion of 
        the construction of the Regional Water System as defined in 
        section 623(e), the Secretary, in accordance with the Operating 
        Agreement, shall convey to--
                    (A) each Pueblo the portion of any Pueblo Water 
                Facility that is located within the boundaries of the 
                Pueblo, including any land or interest in land located 
                within the boundaries of the Pueblo that is acquired by 
                the United States for the construction of the Pueblo 
                Water Facility;
                    (B) the County the County Distribution System, 
                including any land or interest in land acquired by the 
                United States for the construction of the County 
                Distribution System; and
                    (C) the Authority any portions of the Regional 
                Water System that remain after making the conveyances 
                under subparagraphs (A) and (B), including any land or 
                interest in land acquired by the United States for the 
                construction of the portions of the Regional Water 
                System.
            (2) Conditions for conveyance.--The Secretary shall not 
        convey any portion of the Regional Water System facilities 
        under paragraph (1) until the date on which--
                    (A) construction of the Regional Water System is 
                substantially complete, as defined in section 623(e); 
                and
                    (B) the Operating Agreement is executed in 
                accordance with section 612.
            (3) Subsequent conveyance.--On conveyance by the Secretary 
        under paragraph (1), the Pueblos, the County, and the Authority 
        shall not reconvey any portion of the Regional Water System 
        conveyed to the Pueblos, the County, and the Authority, 
        respectively, unless the reconveyance is authorized by an Act 
        of Congress enacted after the date of enactment of this Act.
            (4) Interest of the united states.--On conveyance of a 
        portion of the Regional Water System under paragraph (1), the 
        United States shall have no further right, title, or interest 
        in and to the portion of the Regional Water System conveyed.
            (5) Additional construction.--On conveyance of a portion of 
        the Regional Water System under paragraph (1), the Pueblos, 
        County, or the Authority, as applicable, may, at the expense of 
        the Pueblos, County, or the Authority, construct any additional 
        infrastructure that is necessary to fully use the water 
        delivered by the Regional Water System.
            (6) Taxation.--Conveyance of title to any portion of the 
        Regional Water System, the Pueblo Water Facilities, or the 
        County Distribution System under paragraph (1) does not waive 
        or alter any applicable Federal law prohibiting taxation of 
        such facilities or the underlying land.
            (7) Liability.--
                    (A) In general.--Effective on the date of 
                conveyance of any land or facility under this section, 
                the United States shall not be held liable by any court 
                for damages of any kind arising out of any act, 
                omission, or occurrence relating to the land and 
                facilities conveyed, other than damages caused by acts 
                of negligence by the United States, or by employees or 
                agents of the United States, prior to the date of 
                conveyance.
                    (B) Tort claims.--Nothing in this section increases 
                the liability of the United States beyond the liability 
                provided in chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act'').
            (8) Effect.--Nothing in any transfer of ownership provided 
        or any conveyance thereto as provided in this section shall 
        extinguish the right of any Pueblo, the County, or the Regional 
        Water Authority to the continuous use and benefit of each 
        easement or right of way for the use, operation, maintenance, 
        repair, and replacement of Pueblo Water Facilities, the County 
        Distribution System or the Regional Water System or for 
        wastewater purposes as provided in the Cost-Sharing and System 
        Integration Agreement.

SEC. 612. OPERATING AGREEMENT.

    (a) In General.--The Pueblos and the County shall submit to the 
Secretary an executed Operating Agreement for the Regional Water System 
that is consistent with this title, the Settlement Agreement, and the 
Cost-Sharing and System Integration Agreement not later than 180 days 
after the later of--
            (1) the date of completion of environmental compliance and 
        permitting; or
            (2) the date of issuance of a final project design for the 
        Regional Water System under section 611(b).
    (b) Approval.--The Secretary shall approve or disapprove the 
Operating Agreement within a reasonable period of time after the 
Pueblos and the County submit the Operating Agreement described in 
subsection (a) and upon making a determination that the Operating 
Agreement is consistent with this title, the Settlement Agreement, and 
the Cost-Sharing and System Integration Agreement.
    (c) Contents.--The Operating Agreement shall include--
            (1) provisions consistent with the Settlement Agreement and 
        the Cost-Sharing and System Integration Agreement and necessary 
        to implement the intended benefits of the Regional Water System 
        described in those documents;
            (2) provisions for--
                    (A) the distribution of water conveyed through the 
                Regional Water System, including a delineation of--
                            (i) distribution lines for the County 
                        Distribution System;
                            (ii) distribution lines for the Pueblo 
                        Water Facilities; and
                            (iii) distribution lines that serve both--
                                    (I) the County Distribution System; 
                                and
                                    (II) the Pueblo Water Facilities;
                    (B) the allocation of the Regional Water System 
                capacity;
                    (C) the terms of use of unused water capacity in 
                the Regional Water System;
                    (D) terms of interim use of County unused capacity, 
                in accordance with section 614(d);
                    (E) the construction of additional infrastructure 
                and the acquisition of associated rights-of-way or 
                easements necessary to enable any of the Pueblos or the 
                County to fully use water allocated to the Pueblos or 
                the County from the Regional Water System, including 
                provisions addressing when the construction of such 
                additional infrastructure requires approval by the 
                Authority;
                    (F) the allocation and payment of annual operation, 
                maintenance, and replacement costs for the Regional 
                Water System, including the portions of the Regional 
                Water System that are used to treat, transmit, and 
                distribute water to both the Pueblo Water Facilities 
                and the County Water Utility;
                    (G) the operation of wellfields located on Pueblo 
                land;
                    (H) the transfer of any water rights necessary to 
                provide the Pueblo water supply described in section 
                613(a);
                    (I) the operation of the Regional Water System with 
                respect to the water supply, including the allocation 
                of the water supply in accordance with section 
                3.1.8.4.2 of the Settlement Agreement so that, in the 
                event of a shortage of supply to the Regional Water 
                System, the supply to each of the Pueblos' and to the 
                County's distribution system shall be reduced on a pro 
                rata basis, in proportion to each distribution system's 
                most current annual use; and
                    (J) dispute resolution; and
            (3) provisions for operating and maintaining the Regional 
        Water System facilities before and after conveyance under 
        section 611(h), including provisions to--
                    (A) ensure that--
                            (i) the operation of, and the diversion and 
                        conveyance of water by, the Regional Water 
                        System is in accordance with the Settlement 
                        Agreement;
                            (ii) the wells in the Regional Water System 
                        are used in conjunction with the surface water 
                        supply of the Regional Water System to ensure a 
                        reliable firm supply of water to all users of 
                        the Regional Water System, consistent with the 
                        intent of the Settlement Agreement that surface 
                        supplies will be used to the maximum extent 
                        feasible;
                            (iii) the respective obligations regarding 
                        delivery, payment, operation, and management 
                        are enforceable; and
                            (iv) the County has the right to serve any 
                        new water users located on non-Pueblo land in 
                        the Pojoaque Basin; and
                    (B) allow for any aquifer storage and recovery 
                projects that are approved by the Office of the New 
                Mexico State Engineer.
    (d) Effect.--Nothing in this title precludes the Operating 
Agreement from authorizing phased or interim operations if the Regional 
Water System is constructed in phases.

SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR REGIONAL WATER SYSTEM.

    (a) In General.--For the purpose of providing a reliable firm 
supply of water from the Regional Water System for the Pueblos in 
accordance with the Settlement Agreement, the Secretary, on behalf of 
the Pueblos, shall--
            (1) acquire water rights to--
                    (A) 302 acre-feet of Nambe reserved water described 
                in section 2.6.2 of the Settlement Agreement; and
                    (B) 1141 acre-feet from water acquired by the 
                County for water rights commonly referred to as ``Top 
                of the World'' rights in the Aamodt Case;
            (2) enter into a contract with the Pueblos for 1,079 acre-
        feet in accordance with section 11 of the San Juan-Chama 
        Project Act; and
            (3) by application to the State Engineer, seek approval to 
        divert the water acquired and made available under paragraphs 
        (1) and (2) at the points of diversion for the Regional Water 
        System, consistent with the Settlement Agreement and the Cost-
        Sharing and System Integration Agreement.
    (b) Forfeiture.--The nonuse of the water supply secured by the 
Secretary for the Pueblos under subsection (a) shall in no event result 
in forfeiture, abandonment, relinquishment, or other loss thereof.
    (c) Trust.--The Pueblo water rights secured under subsection (a) 
shall be held by the United States in trust for the Pueblos.
    (d) Applicable Law.--The water supply made available pursuant to 
subsection (a)(2) shall be subject to the San Juan-Chama Project Act, 
and no preference shall be provided to the Pueblos as a result of 
subsection (c) with regard to the delivery or distribution of San Juan-
Chama Project water or the management or operation of the San Juan-
Chama Project.
    (e) Contract for San Juan-Chama Project Water Supply.--With respect 
to the contract for the water supply required by subsection (a)(2), 
such San Juan-Chama Project contract shall be pursuant to the following 
terms:
            (1) Waivers.--Notwithstanding the provisions of the San 
        Juan-Chama Project Act, or any other provision of law--
                    (A) the Secretary shall waive the entirety of the 
                Pueblos' share of the construction costs for the San 
                Juan-Chama Project, and pursuant to that waiver, the 
                Pueblos' share of all construction costs for the San 
                Juan-Chama Project, inclusive of both principal and 
                interest, due from 1972 to the execution of the 
                contract required by subsection (a)(2), shall be 
                nonreimbursable;
                    (B) the Secretary's waiver of each Pueblo's share 
                of the construction costs for the San Juan-Chama 
                Project will not result in an increase in the pro rata 
                shares of other San Juan-Chama Project water 
                contractors, but such costs shall be absorbed by the 
                United States Treasury or otherwise appropriated to the 
                Department of the Interior; and
                    (C) the construction costs associated with any 
                water made available from the San Juan-Chama Project 
                which were determined nonreimbursable and nonreturnable 
                pursuant to Public Law No. 88-293, 78 Stat. 171 (March 
                26, 1964), shall remain nonreimbursable and 
                nonreturnable.
            (2) Termination.--The contract shall provide that it shall 
        terminate only on--
                    (A) failure of the United States District Court for 
                the District of New Mexico to enter a final decree for 
                the Aamodt Case by the expiration date described in 
                section 623(b), or within the time period of any 
                extension of that deadline granted by the court; or
                    (B) entry of an order by the United States District 
                Court for the District of New Mexico voiding the final 
                decree and Settlement Agreement for the Aamodt Case 
                pursuant to section 10.3 of the Settlement Agreement.
    (f) Limitation.--The Secretary shall use the water supply secured 
under subsection (a) only for the purposes described in the Settlement 
Agreement.
    (g) Fulfillment of Water Supply Acquisition Obligations.--
Compliance with subsections (a) through (f) shall satisfy any and all 
obligations of the Secretary to acquire or secure a water supply for 
the Pueblos pursuant to the Settlement Agreement.
    (h) Rights of Pueblos in Settlement Agreement Unaffected.--
Notwithstanding the provisions of subsections (a) through (g), the 
Pueblos, the County or the Regional Water Authority may acquire any 
additional water rights to ensure all parties to the Settlement 
Agreement receive the full allocation of water provided by the 
Settlement Agreement and nothing in this title amends or modifies the 
quantities of water allocated to the Pueblos thereunder.

SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY AND 
              WATER.

    (a) Allocation of Regional Water System Capacity.--
            (1) In general.--The Regional Water System shall have the 
        capacity to divert from the Rio Grande a quantity of water 
        sufficient to provide--
                    (A) up to 4,000 acre-feet of consumptive use of 
                water; and
                    (B) the requisite peaking capacity described in--
                            (i) the Engineering Report; and
                            (ii) the final project design.
            (2) Allocation to the pueblos and county water utility.--Of 
        the capacity described in paragraph (1)--
                    (A) there shall be allocated to the Pueblos--
                            (i) sufficient capacity for the conveyance 
                        of 2,500 acre-feet consumptive use; and
                            (ii) the requisite peaking capacity for the 
                        quantity of water described in clause (i); and
                    (B) there shall be allocated to the County Water 
                Utility--
                            (i) sufficient capacity for the conveyance 
                        of up to 1,500 acre-feet consumptive use; and
                            (ii) the requisite peaking capacity for the 
                        quantity of water described in clause (i).
            (3) Applicable law.--Water shall be allocated to the 
        Pueblos and the County Water Utility under this subsection in 
        accordance with--
                    (A) this subtitle;
                    (B) the Settlement Agreement; and
                    (C) the Operating Agreement.
    (b) Delivery of Regional Water System Water.--The Authority shall 
deliver water from the Regional Water System--
            (1) to the Pueblos water in a quantity sufficient to allow 
        full consumptive use of up to 2,500 acre-feet per year of water 
        rights by the Pueblos in accordance with--
                    (A) the Settlement Agreement;
                    (B) the Operating Agreement; and
                    (C) this subtitle; and
            (2) to the County water in a quantity sufficient to allow 
        full consumptive use of up to 1,500 acre-feet per year of water 
        rights by the County Water Utility in accordance with--
                    (A) the Settlement Agreement;
                    (B) the Operating Agreement; and
                    (C) this subtitle.
    (c) Additional Use of Allocation Quantity and Unused Capacity.--The 
Regional Water System may be used to--
            (1) provide for use of return flow credits to allow for 
        full consumptive use of the water allocated in the Settlement 
        Agreement to each of the Pueblos and to the County; and
            (2) convey water allocated to one of the Pueblos or the 
        County Water Utility for the benefit of another Pueblo or the 
        County Water Utility or allow use of unused capacity by each 
        other through the Regional Water System in accordance with an 
        intergovernmental agreement between the Pueblos, or between a 
        Pueblo and County Water Utility, as applicable, if--
                    (A) such intergovernmental agreements are 
                consistent with the Operating Agreement, the Settlement 
                Agreement, and this title;
                    (B) capacity is available without reducing water 
                delivery to any Pueblo or the County Water Utility in 
                accordance with the Settlement Agreement, unless the 
                County Water Utility or Pueblo contracts for a 
                reduction in water delivery or Regional Water System 
                capacity;
                    (C) the Pueblo or County Water Utility contracting 
                for use of the unused capacity or water has the right 
                to use the water under applicable law; and
                    (D) any agreement for the use of unused capacity or 
                water provides for payment of the operation, 
                maintenance, and replacement costs associated with the 
                use of capacity or water.
    (d) Interim Use of County Capacity.--In accordance with section 
9.6.4 of the Settlement Agreement, the County may use unused capacity 
and water rights of the County Water Utility to supply water within the 
County outside of the Pojoaque Basin--
            (1) on approval by the State and the Authority; and
            (2) subject to the issuance of a permit by the New Mexico 
        State Engineer.

SEC. 615. AAMODT SETTLEMENT PUEBLOS' FUND.

    (a) Establishment of the Aamodt Settlement Pueblos' Fund.--There is 
established in the Treasury of the United States a fund, to be known as 
the ``Aamodt Settlement Pueblos' Fund,'' consisting of--
            (1) such amounts as are made available to the Fund under 
        section 617(c) or other authorized sources; and
            (2) any interest earned from investment of amounts in the 
        Fund under subsection (b).
    (b) Management of the Fund.--The Secretary shall manage the Fund, 
invest amounts in the Fund, and make amounts available from the Fund 
for distribution to the Pueblos in accordance with--
            (1) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (2) this title.
    (c) Investment of the Fund.--On the date on which the waivers 
become effective as set forth in section 623(d), the Secretary shall 
invest amounts in the Fund in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a); and
            (3) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.).
    (d) Tribal Management Plan.--
            (1) In general.--A Pueblo may withdraw all or part of the 
        Pueblo's portion of the Fund on approval by the Secretary of a 
        tribal management plan as described in the American Indian 
        Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
        seq.).
            (2) Requirements.--In addition to the requirements under 
        the American Indian Trust Fund Management Reform Act of 1994 
        (25 U.S.C. 4001 et seq.), the tribal management plan shall 
        require that a Pueblo spend any amounts withdrawn from the Fund 
        in accordance with the purposes described in section 617(c).
            (3) Enforcement.--The Secretary may take judicial or 
        administrative action to enforce the provisions of any tribal 
        management plan to ensure that any amounts withdrawn from the 
        Fund under an approved tribal management plan are used in 
        accordance with this subtitle.
            (4) Liability.--If a Pueblo or the Pueblos exercise the 
        right to withdraw amounts from the Fund, neither the Secretary 
        nor the Secretary of the Treasury shall retain any liability 
        for the expenditure or investment of the amounts withdrawn.
            (5) Expenditure plan.--
                    (A) In general.--The Pueblos shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the Fund that the Pueblos do 
                not withdraw under this subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts remaining in the Fund will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this title, the 
                Settlement Agreement, and the Cost-Sharing and System 
                Integration Agreement.
                    (D) Annual report.--The Pueblos shall submit to the 
                Secretary an annual report that describes all 
                expenditures from the Fund during the year covered by 
                the report.
            (6) No per capita payments.--No part of the principal of 
        the Fund, or the interest or income accruing on the principal 
        shall be distributed to any member of a Pueblo on a per capita 
        basis.
            (7) Availability of amounts from the fund.--
                    (A) Approval of settlement agreement.--
                            (i) In general.--Except as provided in 
                        clause (ii), amounts made available under 
                        section 617(c)(1), or from other authorized 
                        sources, shall be available for expenditure or 
                        withdrawal only after the publication of the 
                        statement of findings required by section 
                        623(a)(1).
                            (ii) Exception.--Notwithstanding clause 
                        (i), the amounts described in that clause may 
                        be expended before the date of publication of 
                        the statement of findings under section 
                        623(a)(1) for any activity that is more cost-
                        effective when implemented in conjunction with 
                        the construction of the Regional Water System, 
                        as determined by the Secretary.
                    (B) Completion of certain portions of regional 
                water system.--Amounts made available under section 
                617(c)(1) or from other authorized sources shall be 
                available for expenditure or withdrawal only after 
                those portions of the Regional Water System described 
                in section 1.5.24 of the Settlement Agreement have been 
                declared substantially complete by the Secretary.

SEC. 616. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--In carrying out this subtitle, the Secretary shall 
comply with each law of the Federal Government relating to the 
protection of the environment, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
    (b) National Environmental Policy Act.--Nothing in this title 
affects the outcome of any analysis conducted by the Secretary or any 
other Federal official under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 617. FUNDING.

    (a) Regional Water System.--
            (1) Funding.--
                    (A) Mandatory appropriation.--Subject to paragraph 
                (5), out of any funds in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury shall 
                transfer to the Secretary for the planning, design, and 
                construction of the Regional Water System and the 
                conduct of environmental compliance activities under 
                section 616 an amount not to exceed $56,400,000, as 
                adjusted under paragraph (4), for the period of fiscal 
                years 2011 through 2016, to remain available until 
                expended.
                    (B) Authorization of appropriations.--In addition 
                to the amount made available under subparagraph (A), 
                there is authorized to be appropriated to the Secretary 
                for the planning, design, and construction of the 
                Regional Water System and the conduct of environmental 
                compliance activities under section 616 $50,000,000, as 
                adjusted under paragraph (4), for the period of fiscal 
                years 2011 through 2024.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this title the funds transferred under paragraph (1)(A), 
        without further appropriation, to remain available until 
        expended.
            (3) Priority of funding.--Of the amounts made available 
        under paragraph (1), the Secretary shall give priority to 
        funding--
                    (A) the construction of the San Ildefonso portion 
                of the Regional Water System, consisting of--
                            (i) the surface water diversion, treatment, 
                        and transmission facilities at San Ildefonso 
                        Pueblo; and
                            (ii) the San Ildefonso Pueblo portion of 
                        the Pueblo Water Facilities; and
                    (B) that part of the Regional Water System 
                providing 475 acre-feet to Pojoaque Pueblo pursuant to 
                section 2.2 of the Settlement Agreement.
            (4) Adjustment.--The amounts made available under paragraph 
        (1) shall be adjusted annually to account for increases in 
        construction costs since October 1, 2006, as determined using 
        applicable engineering cost indices.
            (5) Limitations.--
                    (A) In general.--No amounts shall be made available 
                under paragraph (1) for the construction of the 
                Regional Water System until the date on which the 
                United States District Court for the District of New 
                Mexico issues an order approving the Settlement 
                Agreement.
                    (B) Record of decision.--No amounts made available 
                under paragraph (1) shall be expended for construction 
                unless the record of decision issued by the Secretary 
                after completion of an environmental impact statement 
                provides for a preferred alternative that is in 
                substantial compliance with the proposed Regional Water 
                System, as defined in the Engineering Report.
    (b) Acquisition of Water Rights.--
            (1) In general.--Out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary for the acquisition of the water 
        rights under section 613(a)(1)(B) $5,400,000.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this title the funds transferred under paragraph (1), without 
        further appropriation, to remain available until expended.
    (c) Aamodt Settlement Pueblos' Fund.--
            (1) Funding.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall transfer to the Secretary the 
                following amounts for the period of fiscal years 2011 
                through 2015:
                            (i) $15,000,000, as adjusted according to 
                        the CPI Urban Index beginning on October 1, 
                        2006, which shall be allocated to the Pueblos, 
                        in accordance with section 2.7.1 of the 
                        Settlement Agreement, for the rehabilitation, 
                        improvement, operation, maintenance, and 
                        replacement of the agricultural delivery 
                        facilities, waste water systems, and other 
                        water-related infrastructure of the applicable 
                        Pueblo.
                            (ii) $5,000,000, as adjusted according to 
                        the CPI Urban Index beginning on January 1, 
                        2011, and any interest on that amount, which 
                        shall be allocated to the Pueblo of Nambe only 
                        for the acquisition land, other real property 
                        interests, or economic development for the 
                        Nambe reserved water rights in accordance with 
                        section 613(a)(1)(A).
                    (B) Authorization of appropriations.--In addition 
                to the amounts made available under clauses (i) and 
                (ii) of subparagraph (A), respectively, there are 
                authorized to be appropriated to the Secretary for the 
                period of fiscal years 2011 through 2024, $37,500,000 
                to assist the Pueblos in paying the Pueblos' share of 
                the cost of operating, maintaining, and replacing the 
                Pueblo Water Facilities and the Regional Water System.
            (2) Operation, maintenance, and replacement costs.--
                    (A) In general.--Prior to conveyance of the 
                Regional Water System pursuant to section 611, the 
                Secretary is authorized to and shall pay any operation, 
                maintenance, and replacement costs associated with the 
                Pueblo Water Facilities or the Regional Water System, 
                up to the amount made available under subparagraph (B).
                    (B) Authorization of appropriations.--There is 
                authorized to be appropriated to the Secretary to carry 
                out subparagraph (A) $5,000,000.
                    (C) Obligation of federal government after 
                completion.--After the date on which construction of 
                the Regional Water System is completed and the amounts 
                required to be deposited in the Aamodt Settlement 
                Pueblos' Fund pursuant to paragraph (1) have been 
                deposited by the Federal Government--
                            (i) the Federal Government shall have no 
                        obligation to pay for the operation, 
                        maintenance, and replacement costs associated 
                        with the Pueblo Water Facilities or the 
                        Regional Water System; and
                            (ii) the authorization for the Secretary to 
                        expend funds for the operation, maintenance, 
                        and replacement costs of those systems under 
                        subparagraph (A) shall expire.
            (3) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this title the funds transferred under paragraphs (1)(A), 
        without further appropriation, to remain available until 
        expended or until the authorization for the Secretary to expend 
        funds pursuant to paragraph (2) expires.

       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

    (a) Approval.--To the extent the Settlement Agreement and the Cost-
Sharing and System Integration Agreement do not conflict with this 
title, the Settlement Agreement and the Cost-Sharing and System 
Integration Agreement (including any amendments to the Settlement 
Agreement and the Cost-Sharing and System Integration Agreement that 
are executed to make the Settlement Agreement or the Cost-Sharing and 
System Integration Agreement consistent with this title) are 
authorized, ratified, and confirmed.
    (b) Execution.--To the extent the Settlement Agreement and the 
Cost-Sharing and System Integration Agreement do not conflict with this 
title, the Secretary shall execute the Settlement Agreement and the 
Cost-Sharing and System Integration Agreement (including any amendments 
that are necessary to make the Settlement Agreement or the Cost-Sharing 
and System Integration Agreement consistent with this title).
    (c) Authorities of the Pueblos.--
            (1) In general.--Each of the Pueblos may enter into leases 
        or contracts to exchange water rights or to forebear 
        undertaking new or expanded water uses for water rights 
        recognized in section 2.1 of the Settlement Agreement for use 
        within the Pojoaque Basin, in accordance with the other 
        limitations of section 2.1.5 of the Settlement Agreement, 
        provided that section 2.1.5 is amended accordingly.
            (2) Approval by secretary.--Consistent with the Settlement 
        Agreement, the Secretary shall approve or disapprove a lease or 
        contract entered into under paragraph (1).
            (3) Prohibition on permanent alienation.--No lease or 
        contract under paragraph (1) shall be for a term exceeding 99 
        years, nor shall any such lease or contract provide for 
        permanent alienation of any portion of the water rights made 
        available to the Pueblos under the Settlement Agreement.
            (4) Applicable law.--Section 2116 of the Revised Statutes 
        (25 U.S.C. 177) shall not apply to any lease or contract 
        entered into under paragraph (1).
            (5) Leasing or marketing of water supply.--The water supply 
        provided on behalf of the Pueblos pursuant to section 613(a)(1) 
        may only be leased or marketed by any of the Pueblos pursuant 
        to the intergovernmental agreements described in section 
        614(c)(2).
    (d) Amendments to Contracts.--The Secretary shall amend the 
contracts relating to the Nambe Falls Dam and Reservoir that are 
necessary to use water supplied from the Nambe Falls Dam and Reservoir 
in accordance with the Settlement Agreement.

SEC. 622. ENVIRONMENTAL COMPLIANCE.

    (a) Effect of Execution of Settlement Agreement.--The execution of 
the Settlement Agreement under section 611(b) shall not constitute a 
major Federal action under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
    (b) Compliance With Environmental Laws.--In carrying out this 
title, the Secretary shall comply with each law of the Federal 
Government relating to the protection of the environment, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

    (a) Conditions Precedent.--
            (1) In general.--Upon the fulfillment of the conditions 
        precedent described in paragraph (2), the Secretary shall 
        publish in the Federal Register by September 15, 2017, a 
        statement of findings that the conditions have been fulfilled.
            (2) Requirements.--The conditions precedent referred to in 
        paragraph (1) are the conditions that--
                    (A) to the extent that the Settlement Agreement 
                conflicts with this subtitle, the Settlement Agreement 
                has been revised to conform with this subtitle;
                    (B) the Settlement Agreement, so revised, including 
                waivers and releases pursuant to section 624, has been 
                executed by the appropriate parties and the Secretary;
                    (C) Congress has fully appropriated, or the 
                Secretary has provided from other authorized sources, 
                all funds authorized by section 617, with the exception 
                of subsection (a)(1) of that section;
                    (D) the Secretary has acquired and entered into 
                appropriate contracts for the water rights described in 
                section 613(a);
                    (E) for purposes of section 613(a), permits have 
                been issued by the New Mexico State Engineer to the 
                Regional Water Authority to change the points of 
                diversion to the mainstem of the Rio Grande for the 
                diversion and consumptive use of at least 2,381 acre-
                feet by the Pueblos as part of the water supply for the 
                Regional Water System, subject to the conditions that--
                            (i) the permits shall be free of any 
                        condition that materially adversely affects the 
                        ability of the Pueblos or the Regional Water 
                        Authority to divert or use the Pueblo water 
                        supply described in section 613(a), including 
                        water rights acquired in addition to those 
                        described in section 613(a), in accordance with 
                        section 613(g); and
                            (ii) the Settlement Agreement shall 
                        establish the means to address any permit 
                        conditions to ensure the ability of the Pueblos 
                        to fully divert and consume at least 2,381 
                        acre-feet as part of the water supply for the 
                        Regional Water System, including defining the 
                        conditions that will not constitute a material 
                        adverse affect;
                    (F) the State has enacted any necessary legislation 
                and provided any funding that may be required under the 
                Settlement Agreement;
                    (G) a partial final decree that sets forth the 
                water rights and other rights to water to which the 
                Pueblos are entitled under the Settlement Agreement and 
                this subtitle and that substantially conforms to the 
                Settlement Agreement has been approved by the United 
                States District Court for the District of New Mexico;
                    (H) a final decree that sets forth the water rights 
                for all parties to the Aamodt Case and that 
                substantially conforms to the Settlement Agreement has 
                been approved by the United States District Court for 
                the District of New Mexico; and
                    (I) the waivers and releases described in section 
                624 have been executed.
    (b) Expiration Date.--If all the conditions precedent described in 
subsection (a)(2) have not been fulfilled by September 15, 2017--
            (1) the Settlement Agreement shall no longer be effective;
            (2) the waivers and releases described in the Settlement 
        Agreement and section 624 shall not be effective;
            (3) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by this title, 
        together with any interest earned on those funds, any water 
        rights or contracts to use water, and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized by this title 
        shall be returned to the Federal Government, unless otherwise 
        agreed to by the Pueblos and the United States and approved by 
        Congress; and
            (4) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (3), the United States shall be entitled to set off 
        any Federal funds appropriated or made available to carry out 
        the activities authorized by this title that were expended or 
        withdrawn, together with any interest accrued on those funds, 
        against any claims against the United States--
                    (A) relating to water rights in the Pojoaque Basin 
                asserted by any Pueblo that benefitted from the use of 
                expended or withdrawn Federal funds; or
                    (B) in any future settlement of the Aamodt Case.
    (c) Enforcement Date.--The Settlement Agreement shall become 
enforceable beginning on the date on which the United States District 
Court for the District of New Mexico enters a partial final decree 
pursuant to subsection (a)(2)(G) and an Interim Administrative Order 
consistent with the Settlement Agreement.
    (d) Effectiveness of Waivers.--The waivers and releases executed 
pursuant to section 624 shall become effective as of the date that the 
Secretary publishes the notice required by subsection (a)(1).
    (e) Requirements for Determination of Substantial Completion of the 
Regional Water System.--
            (1) Criteria for substantial completion of regional water 
        system.--Subject to the provisions in section 611(d) concerning 
        the extent, size, and capacity of the County Distribution 
        System, the Regional Water System shall be determined to be 
        substantially completed if the infrastructure has been 
        constructed capable of--
                    (A) diverting, treating, transmitting, and 
                distributing a supply of 2,500 acre-feet of water to 
                the Pueblos; and
                    (B) diverting, treating, and transmitting the 
                quantity of water specified in the Engineering Report 
                to the County Distribution System.
            (2) Consultation.--On or after June 30, 2021, at the 
        request of 1 or more of the Pueblos, the Secretary shall 
        consult with the Pueblos and confer with the County and the 
        State on whether the criteria in paragraph (1) for substantial 
        completion of the Regional Water System have been met or will 
        be met by June 30, 2024.
            (3) Written determination by secretary.--Not earlier than 
        June 30, 2021, at the request of 1 or more of the Pueblos and 
        after the consultation required by paragraph (2), the Secretary 
        shall--
                    (A) determine whether the Regional Water System has 
                been substantially completed based on the criteria 
                described in paragraph (1); and
                    (B) submit a written notice of the determination 
                under subparagraph (A) to--
                            (i) the Pueblos;
                            (ii) the County; and
                            (iii) the State.
            (4) Right to review.--
                    (A) In general.--A determination by the Secretary 
                under paragraph (3)(A) shall be considered to be a 
                final agency action subject to judicial review by the 
                Decree Court under sections 701 through 706 of title 5, 
                United States Code.
                    (B) Failure to make timely determination.--
                            (i) In general.--If a Pueblo requests a 
                        written determination under paragraph (3) and 
                        the Secretary fails to make such a written 
                        determination by the date described in clause 
                        (ii), there shall be a rebuttable presumption 
                        that the failure constitutes agency action 
                        unlawfully withheld or unreasonably delayed 
                        under section 706 of title 5, United States 
                        Code.
                            (ii) Date.--The date referred to in clause 
                        (i) is the date that is the later of--
                                    (I) the date that is 180 days after 
                                the date of receipt by the Secretary of 
                                the request by the Pueblo; and
                                    (II) June 30, 2023.
                    (C) Effect of title.--Nothing in this title gives 
                any Pueblo or Settlement Party the right to judicial 
                review of a determination of the Secretary regarding 
                whether the Regional Water System has been 
                substantially completed except under subchapter II of 
                chapter 5, and chapter 7, of title 5, United States 
                Code (commonly known as the ``Administrative Procedure 
                Act'').
            (5) Right to void final decree.--
                    (A) In general.--Not later than June 30, 2024, on a 
                determination by the Secretary, after consultation with 
                the Pueblos, that the Regional Water System is not 
                substantially complete, 1 or more of the Pueblos, or 
                the United States acting on behalf of a Pueblo, shall 
                have the right to notify the Decree Court of the 
                determination.
                    (B) Effect.--The Final Decree shall have no force 
                or effect on a finding by the Decree Court that a 
                Pueblo, or the United States acting on behalf of a 
                Pueblo, has submitted proper notification under 
                subparagraph (A).
    (f) Voiding of Waivers.--If the Final Decree is void under 
subsection (e)(5)--
            (1) the Settlement Agreement shall no longer be effective;
            (2) the waivers and releases executed pursuant to section 
        624 shall no longer be effective;
            (3) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by this title, 
        together with any interest earned on those funds, any water 
        rights or contracts to use water, and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized by this title 
        shall be returned to the Federal Government, unless otherwise 
        agreed to by the Pueblos and the United States and approved by 
        Congress; and
            (4) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (3), the United States shall be entitled to set off 
        any Federal funds appropriated or made available to carry out 
        the activities authorized by this title that were expended or 
        withdrawn, together with any interest accrued on those funds, 
        against any claims against the United States--
                    (A) relating to water rights in the Pojoaque Basin 
                asserted by any Pueblo that benefitted from the use of 
                expended or withdrawn Federal funds; or
                    (B) in any future settlement of the Aamodt Case.
    (g) Extension.--The dates in subsections (a)(1) and (b) may be 
extended if the parties to the Cost-Sharing and System Integration 
Agreement agree that an extension is reasonably necessary.

SEC. 624. WAIVERS AND RELEASES OF CLAIMS.

    (a) Claims by the Pueblos and the United States.--In return for 
recognition of the Pueblos' water rights and other benefits, including 
waivers and releases by non-Pueblo parties, as set forth in the 
Settlement Agreement and this title, the Pueblos, on behalf of 
themselves and their members, and the United States acting in its 
capacity as trustee for the Pueblos are authorized to execute a waiver 
and release of--
            (1) all claims for water rights in the Pojoaque Basin that 
        the Pueblos, or the United States acting in its capacity as 
        trustee for the Pueblos, asserted, or could have asserted, in 
        any proceeding, including the Aamodt Case, up to and including 
        the waiver effectiveness date identified in section 623(d), 
        except to the extent that such rights are recognized in the 
        Settlement Agreement or this title;
            (2) all claims for water rights for lands in the Pojoaque 
        Basin and for rights to use water in the Pojoaque Basin that 
        the Pueblos, or the United States acting in its capacity as 
        trustee for the Pueblos, might be able to otherwise assert in 
        any proceeding not initiated on or before the date of enactment 
        of this Act, except to the extent that such rights are 
        recognized in the Settlement Agreement or this title;
            (3) all claims for damages, losses or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking) for land within the Pojoaque Basin that accrued at any 
        time up to and including the waiver effectiveness date 
        identified in section 623(d);
            (4) their defenses in the Aamodt Case to the claims 
        previously asserted therein by other parties to the Settlement 
        Agreement;
            (5) all pending and future inter se challenges to the 
        quantification and priority of water rights of non-Pueblo wells 
        in the Pojoaque Basin, except as provided by section 2.8 of the 
        Settlement Agreement;
            (6) all pending and future inter se challenges against 
        other parties to the Settlement Agreement;
            (7) all claims for damages, losses, or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) attributable to City of Santa Fe pumping of 
        groundwater that has effects on the ground and surface water 
        supplies of the Pojoaque Basin, provided that this waiver shall 
        not be effective by the Pueblo of Tesuque unless there is a 
        water resources agreement executed between the Pueblo of 
        Tesuque and the City of Santa Fe; and
            (8) all claims for damages, losses, or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) attributable to County of Santa Fe pumping of 
        groundwater that has effects on the ground and surface water 
        supplies of the Pojoaque Basin.
    (b) Claims by the Pueblos Against the United States.--The Pueblos, 
on behalf of themselves and their members, are authorized to execute a 
waiver and release of--
            (1) all claims against the United States, its agencies, or 
        employees, relating to claims for water rights in or water of 
        the Pojoaque Basin or for rights to use water in the Pojoaque 
        Basin that the United States acting in its capacity as trustee 
        for the Pueblos asserted, or could have asserted, in any 
        proceeding, including the Aamodt Case;
            (2) all claims against the United States, its agencies, or 
        employees relating to damages, losses, or injuries to water, 
        water rights, land, or natural resources due to loss of water 
        or water rights (including damages, losses or injuries to 
        hunting, fishing, gathering or cultural rights due to loss of 
        water or water rights; claims relating to interference with, 
        diversion or taking of water or water rights; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water, water rights or water infrastructure) within the 
        Pojoaque Basin that first accrued at any time up to and 
        including the waiver effectiveness date identified in section 
        623(d);
            (3) all claims against the United States, its agencies, or 
        employees for an accounting of funds appropriated by Acts, 
        including the Act of December 22, 1927 (45 Stat. 2), the Act of 
        March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 (46 
        Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), the 
        Act of March 4, 1931 (46 Stat. 1552), the Act of July 1, 1932 
        (47 Stat. 525), the Act of June 22, 1936 (49 Stat. 1757), the 
        Act of August 9, 1937 (50 Stat. 564), and the Act of May 9, 
        1938 (52 Stat. 291), as authorized by the Pueblo Lands Act of 
        June 7, 1924 (43 Stat. 636), and the Pueblo Lands Act of May 
        31, 1933 (48 Stat. 108), and for breach of Trust relating to 
        funds for water replacement appropriated by said Acts that 
        first accrued before the date of enactment of this Act;
            (4) all claims against the United States, its agencies, or 
        employees relating to the pending litigation of claims relating 
        to the Pueblos' water rights in the Aamodt Case; and
            (5) all claims against the United States, its agencies, or 
        employees relating to the negotiation, Execution or the 
        adoption of the Settlement Agreement, exhibits thereto, the 
        Partial Final Decree, the Final Decree, or this title.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this title, the Pueblos on 
behalf of themselves and their members and the United States acting in 
its capacity as trustee for the Pueblos retain.--
            (1) all claims for enforcement of the Settlement Agreement, 
        the Cost-Sharing and System Integration Agreement, the Final 
        Decree, including the Partial Final Decree, the San Juan-Chama 
        Project contract between the Pueblos and the United States or 
        this title;
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) all rights to use and protect water rights acquired 
        pursuant to state law to the extent not inconsistent with the 
        Partial Final Decree, Final Decree, and the Settlement 
        Agreement;
            (4) all claims against persons other than Parties to the 
        Settlement Agreement for damages, losses or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to lands resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) within the Pojoaque Basin arising out of 
        activities occurring outside the Pojoaque Basin;
            (5) all claims relating to activities affecting the quality 
        of water including any claims the Pueblos may have under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
        claims for damages to natural resources), the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), and the regulations 
        implementing those laws;
            (6) all claims against the United States relating to 
        damages, losses, or injuries to land or natural resources not 
        due to loss of water or water rights (including hunting, 
        fishing, gathering or cultural rights);
            (7) all claims for water rights from water sources outside 
        the Pojoaque Basin for land outside the Pojoaque Basin owned by 
        a Pueblo or held by the United States for the benefit of any of 
        the Pueblos; and
            (8) all rights, remedies, privileges, immunities, powers 
        and claims not specifically waived and released pursuant to 
        this title or the Settlement Agreement.
    (d) Effect.--Nothing in the Settlement Agreement or this title--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (2) affects the ability of the United States to take 
        actions acting in its capacity as trustee for any other Indian 
        tribe or allottee; or
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; or
                    (B) conduct judicial review of Federal agency 
                action;
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on June 30, 2021.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 625. EFFECT.

    Nothing in this title or the Settlement Agreement affects the land 
and water rights, claims, or entitlements to water of any Indian tribe, 
pueblo, or community other than the Pueblos.

SEC. 626. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this title (including any such 
obligation or activity under the Settlement Agreement) if adequate 
appropriations are not provided expressly by Congress to carry out the 
purposes of this title in the Reclamation Water Settlements Fund 
established under section 10501 of Public Law 111-11 or the ``Emergency 
Fund for Indian Safety and Health'' established by section 601(a) of 
the Tom Lantos and Henry J. Hyde United States Global Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 
(25 U.S.C. 443c(a)).

             TITLE VII--RECLAMATION WATER SETTLEMENTS FUND

SEC. 701. MANDATORY APPROPRIATION.

    (a) In General.--Notwithstanding any other provision of law, out of 
any funds in the Treasury not otherwise appropriated, for each of 
fiscal years 2012 through 2014, the Secretary of the Treasury shall 
transfer to the Secretary of the Interior $60,000,000 for deposit in 
the Reclamation Water Settlements Fund established in section 10501 of 
Public Law 111-11.
    (b) Receipt and Acceptance.--Starting in fiscal year 2012, the 
Secretary of the Interior shall be entitled to receive, shall accept, 
and shall use to carry out subtitle B of title X of Public Law 111-11 
the funds transferred under subsection (a), without further 
appropriation, to remain available until expended.

                     TITLE VIII--GENERAL PROVISIONS

        Subtitle A--Unemployment Compensation Program Integrity

SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE DEBTS.

    (a) Unemployment Compensation Debts.--Section 6402(f) of the 
Internal Revenue Code of 1986 is amended--
            (1) in the heading, by striking ``Resulting From Fraud'';
            (2) by striking paragraphs (3) and (8) and redesignating 
        paragraphs (4) through (7) as paragraphs (3) through (6), 
        respectively;
            (3) in paragraph (3), as so redesignated--
                    (A) in subparagraph (A), by striking ``by certified 
                mail with return receipt'';
                    (B) in subparagraph (B), by striking ``due to 
                fraud'' and inserting ``is not a covered unemployment 
                compensation debt'';
                    (C) in subparagraph (C), by striking ``due to 
                fraud'' and inserting `` is not a covered unemployment 
                compensation debt''; and
            (4) in paragraph (4), as so redesignated--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or the person's failure 
                        to report earnings'' after ``due to fraud''; 
                        and
                            (ii) by striking ``for not more than 10 
                        years''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``due to fraud''; and
                            (ii) by striking ``for not more than 10 
                        years''.
    (b) Effective Date.--The amendments made by this section shall 
apply to refunds payable under section 6402 of the Internal Revenue 
Code of 1986 on or after the date of the enactment of this Act.

SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW HIRES.

    (a) Addition of Requirement.--Section 453A(b)(1)(A) of the Social 
Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting ``the 
date services for remuneration were first performed by the employee,'' 
after ``of the employee,''.
    (b) Conforming Amendment Regarding Reporting Format and Method.--
Section 453A(c) of the Social Security Act (42 U.S.C. 653a(c)) is 
amended by inserting ``, to the extent practicable,'' after ``Each 
report required by subsection (b) shall''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect 6 months after the date 
        of the enactment of this Act.
            (2) Compliance transition period.--If the Secretary of 
        Health and Human Services determines that State legislation 
        (other than legislation appropriating funds) is required in 
        order for a State plan under part D of title IV of the Social 
        Security Act to meet the additional requirements imposed by the 
        amendment made by subsection (a), the plan shall not be 
        regarded as failing to meet such requirements before the first 
        day of the second calendar quarter beginning after the close of 
        the first regular session of the State legislature that begins 
        after the effective date of such amendment. If the State has a 
        2-year legislative session, each year of the session is deemed 
        to be a separate regular session of the State legislature.

                            Subtitle B--TANF

SEC. 811. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 
              PROGRAM.

    (a) In General.--Activities authorized by part A of title IV and 
section 1108(b) of the Social Security Act (other than the Emergency 
Contingency Fund for State Temporary Assistance for Needy Families 
Programs established under subsection (c) of section 403 of such Act) 
shall continue through September 30, 2011, in the manner authorized for 
fiscal year 2010, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose. Grants and payments may be 
made pursuant to this authority on a quarterly basis through fiscal 
year 2011 at the level provided for such activities for the 
corresponding quarter of fiscal year 2010, except that--
            (1) in the case of healthy marriage promotion and 
        responsible fatherhood grants under section 403(a)(2) of such 
        Act, such grants and payments shall be made in accordance with 
        the amendments made by subsection (b) of this section;
            (2) in the case of supplemental grants under section 
        403(a)(3) of such Act--
                    (A) such grants and payments for the period 
                beginning on October 1, 2010, and ending on December 3, 
                2010, shall not exceed the level provided for such 
                grants and payments under the Continuing Appropriations 
                Act, 2011; and
                    (B) such grants and payments for the period 
                beginning on December 4, 2010, and ending on June 30, 
                2011, shall not exceed the amount equal to the 
                difference between $490,000,000 and such sums as are 
                necessary for amounts obligated under section 403(b) of 
                the Social Security Act on or after October 1, 2010, 
                and before the date of enactment of this Act; and
            (3) in the case of the Contingency Fund for State Welfare 
        Programs established under section 403(b) of such Act, grants 
        and payments may be made in the manner authorized for fiscal 
        year 2010 through fiscal year 2012, in accordance with the 
        amendments made by subsection (c) of this section.
    (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``and (C)'' and 
                inserting ``, (C), and (E)'';
                    (B) in clause (ii), in the matter preceding 
                subclause (I), by inserting ``(or, in the case of an 
                entity seeking funding to carry out healthy marriage 
                promotion activities and activities promoting 
                responsible fatherhood, a combined application that 
                contains assurances that the entity will carry out such 
                activities under separate programs and shall not 
                combine any funds awarded to carry out either such 
                activities)'' after ``an application''; and
                    (C) in clause (iii), by striking subclause (III) 
                and inserting the following:
                                    ``(III) Marriage education, 
                                marriage skills, and relationship 
                                skills programs, that may include 
                                parenting skills, financial management, 
                                conflict resolution, and job and career 
                                advancement.'';
            (2) in subparagraph (C)(i), by striking ``$50,000,000'' and 
        inserting ``$75,000,000'';
            (3) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Appropriation.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated for fiscal year 
                2011 for expenditure in accordance with this 
                paragraph--
                            ``(i) $75,000,000 for awarding funds for 
                        the purpose of carrying out healthy marriage 
                        promotion activities; and
                            ``(ii) $75,000,000 for awarding funds for 
                        the purpose of carrying out activities 
                        promoting responsible fatherhood.
                If the Secretary makes an award under subparagraph 
                (B)(i) for fiscal year 2011, the funds for such award 
                shall be taken in equal portion from the amounts 
                appropriated under clauses (i) and (ii).''; and
            (4) by adding at the end the following:
                    ``(E) Preference.--In awarding funds under this 
                paragraph for fiscal year 2011, the Secretary shall 
                give preference to entities that were awarded funds 
                under this paragraph for any prior fiscal year and that 
                have demonstrated the ability to successfully carry out 
                the programs funded under this paragraph.''.
    (c) Contingency Fund.--Section 403(b)(2) of the Social Security Act 
(42 U.S.C. 603(b)(2)), as amended by section 131(b)(2)(A) of the 
Continuing Appropriations Act, 2011, is amended--
            (1) by striking ``$506,000,000'' and inserting ``such sums 
        as are necessary for amounts obligated on or after October 1, 
        2010, and before the date of enactment of the Claims Resolution 
        Act of 2010,''; and
            (2) by striking ``, reduced'' and all that follows up to 
        the period.
    (d) Conforming Amendments.--Section 403(a)(3) of the Social 
Security Act (42 U.S.C. 603(a)(3)), as amended by section 131(b)(1) of 
the Continuing Appropriations Act, 2011, is amended--
            (1) in subparagraph (F)--
                    (A) by inserting ``(or portion of a fiscal year)'' 
                after ``a fiscal year''; and
                    (B) by inserting ``(or portion of the fiscal 
                year)'' after ``the fiscal year'' each place it 
                appears; and
            (2) by striking clause (ii) of subparagraph (H) and 
        inserting the following:
                            ``(ii) subparagraph (G) shall be applied as 
                        if `fiscal year 2011' were substituted for 
                        `fiscal year 2001';''.

SEC. 812. MODIFICATIONS TO TANF DATA REPORTING.

    (a) In General.--Section 411 of the Social Security Act (42 U.S.C. 
611) is amended by adding at the end the following new subsection:
    ``(c) Pre-reauthorization State-by-state Reports on Engagement in 
Additional Work Activities and Expenditures for Other Benefits and 
Services.--
            ``(1) State reporting requirements.--
                    ``(A) Reporting periods and deadlines.--Each 
                eligible State shall submit to the Secretary the 
                following reports:
                            ``(i) March 2011 report.--Not later than 
                        May 31, 2011, a report for the period that 
                        begins on March 1, 2011, and ends on March 31, 
                        2011, that contains the information specified 
                        in subparagraphs (B) and (C).
                            ``(ii) April-june, 2011 report.--Not later 
                        than August 31, 2011, a report for the period 
                        that begins on April 1, 2011, and ends on June 
                        30, 2011, that contains with respect to the 3 
                        months that occur during that period--
                                    ``(I) the average monthly numbers 
                                for the information specified in 
                                subparagraph (B); and
                                    ``(II) the information specified in 
                                subparagraph (C).
                    ``(B) Engagement in additional work activities.--
                            ``(i) With respect to each work-eligible 
                        individual in a family receiving assistance 
                        during a reporting period specified in 
                        subparagraph (A), whether the individual 
                        engages in any activities directed toward 
                        attaining self-sufficiency during a month 
                        occurring in a reporting period, and if so, the 
                        specific activities--
                                    ``(I) that do not qualify as a work 
                                activity under section 407(d) but that 
                                are otherwise reasonably calculated to 
                                help the family move toward self-
                                sufficiency; or
                                    ``(II) that are of a type that 
                                would be counted toward the State 
                                participation rates under section 407 
                                but for the fact that--
                                            ``(aa) the work-eligible 
                                        individual did not engage in 
                                        sufficient hours of the 
                                        activity;
                                            ``(bb) the work-eligible 
                                        individual has reached the 
                                        maximum time limit allowed for 
                                        having participation in the 
                                        activity counted toward the 
                                        State's work participation 
                                        rate; or
                                            ``(cc) the number of work-
                                        eligible individuals engaged in 
                                        such activity exceeds a 
                                        limitation under such section.
                            ``(ii) Any other information that the 
                        Secretary determines appropriate with respect 
                        to the information required under clause (i), 
                        including if the individual has no hours of 
                        participation, the principal reason or reasons 
                        for such non-participation.
                    ``(C) Expenditures on other benefits and 
                services.--
                            ``(i) Detailed, disaggregated information 
                        regarding the types of, and amounts of, 
                        expenditures made by the State during a 
                        reporting period specified in subparagraph (A) 
                        using--
                                    ``(I) Federal funds provided under 
                                section 403 that are (or will be) 
                                reported by the State on Form ACF-196 
                                (or any successor form) under the 
                                category of other expenditures or the 
                                category of benefits or services 
                                provided in accordance with the 
                                authority provided under section 
                                404(a)(2); or
                                    ``(II) State funds expended to meet 
                                the requirements of section 409(a)(7) 
                                and reported by the State in the 
                                category of other expenditures on Form 
                                ACF-196 (or any successor form).
                            ``(ii) Any other information that the 
                        Secretary determines appropriate with respect 
                        to the information required under clause (i).
            ``(2) Publication of summary and analysis of engagement in 
        additional activities.--Concurrent with the submission of each 
        report required under paragraph (1)(A), an eligible State shall 
        publish on an Internet website maintained by the State agency 
        responsible for administering the State program funded under 
        this part (or such State-maintained website as the Secretary 
        may approve)--
                    ``(A) a summary of the information submitted in the 
                report:
                    ``(B) an analysis statement regarding the extent to 
                which the information changes measures of total 
                engagement in work activities from what was (or will 
                be) reported by the State in the quarterly report 
                submitted under subsection (a) for the comparable 
                period; and
                    ``(C) a narrative describing the most common 
                activities contained in the report that are not 
                countable toward the State participation rates under 
                section 407.
            ``(3) Application of authority to use sampling.--
        Subparagraph (B) of subsection (a)(1) shall apply to the 
        reports required under paragraph (1) of this subsection in the 
        same manner as subparagraph (B) of subsection (a)(1) applies to 
        reports required under subparagraph (A) of subsection (a)(1).
            ``(4) Secretarial reports to congress.--
                    ``(A) March 2011 report.--Not later than June 30, 
                2011, the Secretary shall submit to Congress a report 
                on the information submitted by eligible States for the 
                March 2011 reporting period under paragraph (1)(A)(i). 
                The report shall include a State-by-State summary and 
                analysis of such information, identification of any 
                States with missing or incomplete reports, and 
                recommendations for such administrative or legislative 
                changes as the Secretary determines are necessary to 
                require eligible States to report the information on a 
                recurring basis.
                    ``(B) April-june, 2011 report.--Not later than 
                September 30, 2011, the Secretary shall submit to 
                Congress a report on the information submitted by 
                eligible States for the April-June 2011 reporting 
                period under paragraph (1)(A)(ii). The report shall 
                include a State-by-State summary and analysis of such 
                information, identification of any States with missing 
                or incomplete reports, and recommendations for such 
                administrative or legislative changes as the Secretary 
                determines are necessary to require eligible States to 
                report the information on a recurring basis
            ``(5) Authority for expeditious implementation.--The 
        requirements of chapter 5 of title 5, United States Code 
        (commonly referred to as the `Administrative Procedure Act') or 
        any other law relating to rulemaking or publication in the 
        Federal Register shall not apply to the issuance of guidance or 
        instructions by the Secretary with respect to the 
        implementation of this subsection to the extent the Secretary 
        determines that compliance with any such requirement would 
        impede the expeditious implementation of this subsection.''.
    (b) Application of Penalty for Failure To File Report.--
            (1) In general.--Section 409(a)(2) of such Act (42 U.S.C. 
        609(a)(2)) is amended--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively,
                    (B) by inserting before clause (i) (as redesignated 
                by paragraph (1)), the following:
                    ``(A) Quarterly reports.--'';
                    (C) in clause (ii) of subparagraph (A) (as 
                redesignated by paragraphs (1) and (2)), by striking 
                ``subparagraph (A)'' and inserting ``clause (i)''; and
                    (D) by adding at the end the following:
                    ``(B) Report on engagement in additional work 
                activities and expenditures for other benefits and 
                services.--
                            ``(i) In general.--If the Secretary 
                        determines that a State has not submitted the 
                        report required by section 411(c)(1)(A)(i) by 
                        May 31, 2011, or the report required by section 
                        411(c)(1)(A)(ii) by August 31, 2011, the 
                        Secretary shall reduce the grant payable to the 
                        State under section 403(a)(1) for the 
                        immediately succeeding fiscal year by an amount 
                        equal to not more than 4 percent of the State 
                        family assistance grant.
                            ``(ii) Rescission of penalty.--The 
                        Secretary shall rescind a penalty imposed on a 
                        State under clause (i) with respect to a report 
                        required by section 411(c)(1)(A) if the State 
                        submits the report not later than--
                                    ``(I) in the case of the report 
                                required under section 411(c)(1)(A)(i), 
                                June 15, 2011; and
                                    ``(II) in the case of the report 
                                required under section 
                                411(c)(1)(A)(ii), September 15, 2011.
                            ``(iii) Penalty based on severity of 
                        failure.--The Secretary shall impose a 
                        reduction under clause (i) with respect to a 
                        fiscal year based on the degree of 
                        noncompliance.''.
            (2) Application of reasonable cause exception.--Section 
        409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by 
        inserting before the period the following: ``and, with respect 
        to the penalty under paragraph (2)(B) of subsection (a), shall 
        only apply to the extent the Secretary determines that the 
        reasonable cause for failure to comply with a requirement of 
        that paragraph is as a result of a one-time, unexpected event, 
        such as a widespread data system failure or a natural or man-
        made disaster''.
            (3) Nonapplication of corrective compliance plan 
        provisions.--Section 409(c)(4) of such Act (42 U.S.C. 
        609(c)(4)) is amended by inserting ``(2)(B),'' after 
        ``paragraph''.

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

SEC. 821. CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``December 10, 2018'' 
        and inserting ``September 30, 2019''; and
            (2) in subparagraph (B)(i), by striking ``November 30, 
        2018'' and inserting ``September 30, 2019''.

SEC. 822. LIMITATION ON DISTRIBUTIONS RELATING TO REPEAL OF CONTINUED 
              DUMPING AND SUBSIDY OFFSET.

    Notwithstanding section 1701(b) of the Deficit Reduction Act of 
2005 (Public Law 109-171; 120 Stat. 154 (19 U.S.C. 1675c note)) or any 
other provision of law, no payments shall be distributed under section 
754 of the Tariff Act of 1930, as in effect on the day before the date 
of the enactment of such section 1701, with respect to the entries of 
any goods that are, on the date of the enactment of this Act--
            (1) unliquidated; and
            (2)(A) not in litigation; or
            (B) not under an order of liquidation from the Department 
        of Commerce.

        Subtitle D--Emergency Fund for Indian Safety and Health

SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY AND HEALTH.

    Section 601 of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/ AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (25 U.S.C. 443c) is amended--
            (1) in subsection (b)(1), by striking ``$2,000,000,000'' 
        and inserting ``$1,602,619,000''; and
            (2) in subsection (f)(2)(B), by striking ``50 percent'' and 
        inserting ``not more than $602,619,000''.

            Subtitle E--Rescission of Funds From WIC Program

SEC. 841. RESCISSION OF FUNDS FROM WIC PROGRAM.

    Notwithstanding any other provision of law, of the amounts made 
available in appropriations Acts to provide grants to States under the 
special supplemental nutrition program for women, infants, and children 
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786), $562,000,000 is rescinded.

                     Subtitle F--Budgetary Effects

SEC. 851. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            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
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