I 

111TH CONGRESS 

1ST SESSION H. R. 3563 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2009 

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

Committee on Natural Resources 

A BILL 

To authorize the Crow Tribe of Indians water rights 

settlement, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Rights Settlement Act of 2009’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

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


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1 (A) the Crow Tribe; and 

2 (B) the United States for the benefit of 

3 the Tribe and allottees; 

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

5 Tribe-Montana Water Rights Compact entered into 

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

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

8 Interior— 

9 (A) to execute the Crow Tribe-Montana 

10 Water Rights Compact; and 

11 (B) to take any other action necessary to 

12 carry out the Compact in accordance with this 

13 Act; and 

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

16 this Act. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

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

20 any individual who holds a beneficial real property 

21 interest in an allotment of Indian land that is— 

22 (A) located within the Reservation or the 

23 ceded strip; and 

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


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

2 means the area identified on the map attached as 

3 appendix 5 to the Compact. 

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

5 means— 

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

8 Crow Irrigation Project; 

9 (B) any activity relating to scheduled or 

10 unscheduled maintenance of the Crow Irrigation 

11 Project; and 

12 (C) any activity relating to replacement of 

13 a feature of the Crow Irrigation Project. 

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

15 the water rights compact between the Tribe and the 

16 State contained in section 85–20–901 of the Mon17 tana Code Annotated (2009) (including any exhibit 

18 or part of or amendment to the Compact). 

19 (5) CROW IRRIGATION PROJECT.— 

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

22 (i) authorized by section 31 of the Act 

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

24 (ii) managed by the Secretary (acting 

25 through the Bureau of Indian Affairs); and 


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1 (iii) consisting of the project units 

2 of— 

3 (I) Agency; 

4 (II) Bighorn; 

5 (III) Forty Mile; 

6 (IV) Lodge Grass #1; 

7 (V) Lodge Grass #2; 

8 (VI) Pryor; 

9 (VII) Reno; 

10 (VIII) Soap Creek; and 

11 (IX) Upper Little Horn. 

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

14 United States for the Tribe and the allottees in 

15 the Bozeman Trail and Two Leggins irrigation 

16 districts. 

17 (6) CROW SETTLEMENT FUND.—The term 

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

20 (7) ECONOMIC DEVELOPMENT.—The term 

21 ‘‘Economic Development’’ means any activity the 

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

24 (8) ENFORCEABILITY DATE.—The term ‘‘en25 forceability date’’ means the date on which the SecVerDate Nov 24 2008 00:24 Sep 16, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3563.IH H3563

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

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

4 approval of the decree described in section 

5 10(e)(1)(A) means— 

6 (A) completion of any direct appeal to the 

7 Montana Supreme Court of a decree by the 

8 Montana Water Court pursuant to section 85– 

9 2–235 of the Montana Code Annotated (2009), 

10 including the expiration of time for filing of any 

11 such appeal; or 

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

15 for certiorari may be filed in the United States 

16 Supreme Court, denial of such petition, or 

17 issuance of the United States Supreme Court’s 

18 mandate, whichever occurs last. 

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

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

21 Indian Self-Determination and Education Assistance 

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

23 (11) JOINT STIPULATION OF SETTLEMENT.— 

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

25 the joint stipulation of settlement relating to the 


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

2 No. 02–284 (D.D.C. 2006). 

3 (12) MR&I SYSTEM.— 

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

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

8 Reservation Municipal, Rural and Industrial 

9 Water System Engineering Report’’ prepared 

10 by HKM Engineering, Inc., and dated July 

11 2008. 

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

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

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

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

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

24 (I) the Bighorn River Valley Sub25 system; and 


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1 (II) the Little Bighorn River Val2 ley Subsystem. 

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

4 System OM&R’’ means— 

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

7 MR&I System; 

8 (B) any activity relating to scheduled or 

9 unscheduled maintenance of the MR&I System; 

10 and 

11 (C) any activity relating to replacement of 

12 project features of the MR&I System. 

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

14 means the area identified on the map attached as 

15 appendix 4 to the Compact. 

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

17 means the Secretary of the Interior. 

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

19 State of Montana. 

20 (17) TRIBAL COMPACT ADMINISTRATION.—The 

21 term ‘‘Tribal Compact Administration’’ means any 

22 activity relating to— 

23 (A) the development or enactment by the 

24 Tribe of the tribal water code; 


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1 (B) establishment by the Tribe of a water 

2 resources department; and 

3 (C) the operation by the Tribe of that 

4 water resources department (or a successor 

5 agency) during the 10-year period beginning on 

6 the date of establishment of the department. 

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

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

9 Tribe in accordance with section 7(f). 

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

11 water rights’’ means— 

12 (A) the water rights of the Tribe described 

13 in article III of the Compact; and 

14 (B) the water rights provided to the Tribe 

15 under section 8. 

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

17 Crow Tribe of Indians of the State of Montana on 

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

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

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

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

24 contracts for water stored in Bighorn Lake. 


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1 (22) WATER DEVELOPMENT PROJECT.—The 

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

4 serve the other portions of the Reservation, or such 

5 water development projects as the Tribe determines 

6 to be appropriate to fulfill the water needs of its 

7 members. 

8 SEC. 4. RATIFICATION OF COMPACT. 

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

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

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

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

14 authorized, ratified, and confirmed. 

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

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

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

19 the signature of the Secretary. Nothing herein precludes 

20 the Secretary from approving modifications to appendices 

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

22 to the extent such modifications do not otherwise require 

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

25 statute. 


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1 (c) NATIONAL ENVIRONMENTAL POLICY ACT OF

2 1969.— 

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

5 comply with all applicable aspects of the National 

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

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

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

10 (2) EXECUTION OF THE COMPACT.—Execution 

11 of the Compact by the Secretary under this section 

12 shall not constitute a major Federal action under 

13 the National Environmental Policy Act of 1969 (42 

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

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

17 SEC. 5. REHABILITATION AND IMPROVEMENT OF THE 

18 CROW IRRIGATION PROJECT. 

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

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

22 diversion and delivery features of the Crow Irrigation 

23 Project, in accordance with an agreement to be negotiated 

24 between the Secretary and the Tribe. 


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

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

3 to rehabilitate or improve the water diversion or delivery 

4 features of the Crow Irrigation Project. 

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

7 document entitled ‘‘Engineering Evaluation of Existing 

8 Conditions, Crow Agency Rehabilitation Study’’ prepared 

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

10 (d) COSTS.—Costs incurred by the Secretary in car11 rying out an agreement under subsection (a) that are allo12 cated to the users of the tribal water rights shall be nonre13 imbursable. 

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

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

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

17 decreased, as appropriate, based on ordinary fluctuations 

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

19 to the types of construction involved in the rehabilitation 

20 and improvement. 

21 (f) AGREEMENT.—At the request of the Tribe, in ac22 cordance with applicable Federal law, the Secretary shall 

23 enter into an agreement with the Tribe to implement the 

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


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

2 improvement required by this section. 

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

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

5 Commissioner of Reclamation, shall carry out such activi6 ties as are necessary to design and construct the water 

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

8 accordance with an agreement to be negotiated between 

9 the Secretary and the Tribe. 

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

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

12 to design and construct the water diversion and delivery 

13 features of the MR&I System. 

14 (c) SCOPE.—The scope of the design and construc15 tion under this section shall be as described in the docu16 ment entitled ‘‘Crow Indian Reservation Municipal, Rural 

17 and Industrial Water System Engineering Report’’ pre18 pared by HKM Engineering, Inc., and dated July 2008. 

19 (d) COSTS TO TRIBE.—Costs incurred by the Sec20 retary in carrying out an agreement under subsection (a) 

21 that are allocated to the Tribe shall be nonreimbursable. 

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

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

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

25 decreased, as appropriate, based on ordinary fluctuations 


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

2 to the types of construction involved in the design and con3 struction. 

4 (f) AGREEMENT.—At the request of the Tribe, in ac5 cordance with applicable Federal law, the Secretary shall 

6 enter into an agreement with the Tribe to implement the 

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

8 design, and construct any or all of the design and con9 struction required by this section. 

10 (g) CONVEYANCE OF TITLE TO MR&I SYSTEM FA11 CILITIES.— 

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

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

14 MR&I System facility authorized under subsection 

15 (a) (including any appropriate interests in land) to 

16 the Tribe after completion of construction of a 

17 MR&I System facility or a section of a MR&I Sys18 tem facility that is operating and delivering water. 

19 (2) EFFECT OF CONVEYANCE.—The conveyance 

20 of title to each MR&I System facility shall not affect 

21 the application of the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.) relating to the use 

23 of the water associated with the MR&I System. 

24 (3) LIABILITY.— 


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

2 the conveyance authorized by this subsection, 

3 the United States shall not be held liable by 

4 any court for damages of any kind arising out 

5 of any act, omission, or occurrence relating to 

6 the land, buildings, or facilities conveyed under 

7 this subsection, other than damages caused by 

8 acts of negligence committed by the United 

9 States, or by employees or agents of the United 

10 States, prior to the date of conveyance. 

11 (B) TORT CLAIMS.—Nothing in this sec12 tion increases the liability of the United States 

13 beyond the liability provided in chapter 171 of 

14 title 28, United States Code (commonly known 

15 as the ‘‘Federal Tort Claims Act’’). 

16 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

17 later than 45 days before the date of a proposed 

18 conveyance of title to any MR&I System facility, the 

19 Secretary shall submit to the Committee on Natural 

20 Resources of the House of Representatives and to 

21 the Committee on Energy and Natural Resources of 

22 the Senate notice of the conveyance of each MR&I 

23 System facility. 

24 (5) OBLIGATION OF THE FEDERAL GOVERN25 MENT AFTER COMPLETION.—After construction of 


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1 the MR&I System is completed and the amounts re2 quired to be deposited in the MR&I System OM&R 

3 account have been deposited under section 11 the 

4 Federal Government shall have no obligation to pay 

5 for the operation, maintenance, and replacement 

6 costs of the MR&I System. 

7 SEC. 7. TRIBAL WATER RIGHTS. 

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

11 taking into consideration— 

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

14 Compact and this Act; 

15 (2) the availability of funding under this Act 

16 and from other sources; 

17 (3) the availability of water from the tribal 

18 water rights; and 

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

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

21 protect the interests of allottees. 

22 (b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

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

24 ratified, confirmed, and declared to be valid. 


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

2 be subject to the terms and conditions established by 

3 the Compact. 

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

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

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

7 with this section. 

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

9 this Act: 

10 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

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

13 of water for irrigation purposes shall apply to the 

14 tribal water rights. 

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

17 be satisfied from the tribal water rights. 

18 (3) ALLOCATIONS.—Allottees shall be entitled 

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

21 (4) SATISFACTION OF CLAIMS.—The water 

22 rights and other benefits granted by this Act shall 

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


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

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

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

5 exhaust remedies available under the tribal water 

6 code or other applicable tribal law. 

7 (6) CLAIMS.—Following exhaustion of remedies 

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

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

11 381), or other applicable law. 

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

13 authority to protect allottees’ rights as specified in 

14 this section. 

15 (e) AUTHORITY OF TRIBE.— 

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

18 distribute, and lease the tribal water rights— 

19 (A) in accordance with the Compact; and 

20 (B) subject to approval of the Secretary of 

21 the tribal water code under subsection 

22 (f)(3)(B). 

23 (2) LEASES BY ALLOTTEES.—Notwithstanding 

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

25 land held by the allottee, together with any water 


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1 right determined to be appurtenant to the interest in 

2 land. 

3 (f) TRIBAL WATER CODE.— 

4 (1) IN GENERAL.—Notwithstanding the time 

5 period set forth in article IV(A)(2)(b) of the Com6 pact, not later than 3 years after the date on which 

7 the Tribe ratifies the Compact as set forth in section 

8 10(e)(1)(E), the Tribe shall enact a tribal water 

9 code, that provides for— 

10 (A) the management, regulation and gov11 ernance of all uses of the tribal water rights in 

12 accordance with the Compact; and 

13 (B) establishment by the Tribe of condi14 tions, permit requirements, and other limita15 tions relating to the storage, recovery, and use 

16 of the tribal water rights in accordance with the 

17 Compact. 

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

19 the Secretary, the tribal water code shall provide 

20 that— 

21 (A) tribal allocations of water to allottees 

22 shall be satisfied with water from the tribal 

23 water rights; 


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1 (B) charges for delivery of water for irriga2 tion purposes for allottees shall be assessed on 

3 a just and equitable basis; 

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

5 may request that the Tribe provide water for ir6 rigation use in accordance with this Act; 

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

8 consideration and determination by the Tribe of 

9 any request by an allottee, or any successor in 

10 interest to an allottee, for an allocation of such 

11 water for irrigation purposes on allotted land, 

12 including a process for— 

13 (i) appeal and adjudication of any de14 nied or disputed distribution of water; and 

15 (ii) resolution of any contested admin16 istrative decision; and 

17 (E) there is a requirement that any allot18 tee with a claim relating to the enforcement of 

19 rights of the allottee under the tribal water 

20 code or relating to the amount of water allo21 cated to land of the allottee must first exhaust 

22 remedies available to the allottee under tribal 

23 law and the tribal water code before initiating 

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1 tioning the Secretary pursuant to subsection 

2 (d)(6). 

3 (3) ACTION BY SECRETARY.— 

4 (A) IN GENERAL.—The Secretary shall ad5 minister the tribal water rights until the tribal 

6 water code is enacted in accordance with para7 graph (1) and those provisions requiring ap8 proval pursuant to paragraph (2). 

9 (B) APPROVAL.—The tribal water code 

10 shall not be valid unless— 

11 (i) the provisions of the tribal water 

12 code required by paragraph (2) are ap13 proved by the Secretary; and 

14 (ii) each amendment to the tribal 

15 water code that affects a right of an allot16 tee is approved by the Secretary. 

17 (C) APPROVAL PERIOD.— 

18 (i) IN GENERAL.—Except as provided 

19 by clause (ii), if the Secretary does not ap20 prove or disapprove the tribal water code 

21 before the date that is 180 days after the 

22 date on which the tribal water code is sub23 mitted to the Secretary for approval, the 

24 tribal water code shall be considered to 

25 have been approved by the Secretary to the 


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1 extent that it is not inconsistent with the 

2 Compact or this Act. 

3 (ii) MUTUAL EXTENSION OF AP4 PROVAL PERIOD.—The tribal water code 

5 may not be considered to have been ap6 proved by the Secretary under clause (i) if 

7 the Secretary and the Tribe agree to ex8 tend the approval period. 

9 (g) EFFECT.—Except as otherwise specifically pro10 vided in this section, nothing in this Act— 

11 (1) authorizes any action by an allottee against 

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

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

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

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

16 States Code. 

17 SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE. 

18 (a) STORAGE ALLOCATION TO TRIBE.— 

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

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

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

22 of water stored in Bighorn Lake, Yellowtail Unit, 

23 Lower Bighorn Division, Pick Sloan Missouri Basin 

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

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1 lamation, as measured at the outlet works of 

2 Yellowtail Dam, including— 

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

4 year of the allocation, which may be used in ad5 dition to the natural flow right described in ar6 ticle III(A)(1)(a) of the Compact; and 

7 (B) 150,000 acre-feet per year of the allo8 cation, which may be used only as supplemental 

9 water for the natural flow right described in ar10 ticle III(A)(1)(a) of the Compact for use in 

11 times of natural flow shortage. 

12 (2) TREATMENT.— 

13 (A) IN GENERAL.—The allocation under 

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

15 the tribal water rights. 

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

17 the allocation under paragraph (1) shall be the 

18 priority date of the water right held by the Bu19 reau of Reclamation. 

20 (C) ADMINISTRATION.— 

21 (i) IN GENERAL.—The Tribe shall ad22 minister the water allocated under para23 graph (1) in accordance with the Compact. 

24 (ii) TEMPORARY TRANSFER.—In ac25 cordance with subsection (c), the Tribe 


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1 may temporarily transfer by service con2 tract, lease, exchange, or other agreement, 

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

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

5 Reservation, subject to the approval of the 

6 Secretary and the requirements of the 

7 Compact. 

8 (b) ALLOCATION AGREEMENT.— 

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

10 an allocation under this section, the Tribe shall 

11 enter into an allocation agreement with the Sec12 retary to establish the terms and conditions of the 

13 allocation, in accordance with the terms and condi14 tions of the Compact and this Act. 

15 (2) INCLUSIONS.—The allocation agreement 

16 under paragraph (1) shall include, among other 

17 things, a provision that— 

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

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

20 shall be entitled to all consideration due to the 

21 Tribe under any lease, contract, or agreement 

22 the Tribe may enter into pursuant to the au23 thority in subsection (c); 


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1 (C) the United States shall have no trust 

2 obligation or other obligation to monitor, ad3 minister, or account for— 

4 (i) any funds received by the Tribe as 

5 consideration under any lease, contract, or 

6 agreement the Tribe may enter into pursu7 ant to the authority in subsection (c); or 

8 (ii) the expenditure of such funds; 

9 (D) if the facilities at Yellowtail Dam are 

10 significantly reduced or are anticipated to be 

11 significantly reduced for an extended period of 

12 time, the Tribe shall have the same storage 

13 rights as other storage contractors with respect 

14 to the allocation under this section; 

15 (E) the costs associated with the construc16 tion of the storage facilities at Yellowtail Dam 

17 allocable to the Tribe— 

18 (i) shall be nonreimbursable; and 

19 (ii) shall be excluded from any repay20 ment obligation of the Tribe; and 

21 (F) no water service capital charges shall 

22 be due or payable for any water allocated to the 

23 Tribe pursuant to this Act and the allocation 

24 agreement, regardless of whether that water is 

25 delivered for use by the Tribe or is delivered 


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1 under any leases, contracts, or agreements the 

2 Tribe may enter into pursuant to the authority 

3 in subsection (c). 

4 (c) TEMPORARY TRANSFER FOR USE OFF RESERVA5 TION.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of statutory or common law, subject to 

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

9 subject to the terms and conditions of the Compact, 

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

11 exchange, or other agreement providing for the tem12 porary delivery, use, or transfer of not more than 

13 50,000 acre-feet per year of water allocated under 

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

15 (2) REQUIREMENT.—An agreement under para16 graph (1) shall not permanently alienate any portion 

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

18 (d) REMAINING STORAGE.— 

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

20 of this Act, water in Bighorn Lake shall be consid21 ered to be fully allocated and no further storage allo22 cations shall be made by the Secretary. 

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

24 subsection prevents the Secretary from renewing the 

25 storage contract with Pennsylvania Power and Light 


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1 Company consistent with the allocation to Pennsyl2 vania Power and Light Company in existence on the 

3 date of enactment of this Act, or entering into fu4 ture agreements with the Northern Cheyenne or 

5 Crow Tribes facilitating the Northern Cheyenne and 

6 Crow Tribes’ use of their allocations of water from 

7 Bighorn Lake. 

8 SEC. 9. SATISFACTION OF CLAIMS. 

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

10 and the allottees under the Compact and this Act shall 

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

12 released pursuant to section 10. 

13 (b) SATISFACTION OF CLAIMS RELATING TO CROW

14 IRRIGATION PROJECT.— 

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

16 the funds authorized to be appropriated under sub17 sections (a) and (h) of section 14 shall be used to 

18 satisfy any claim of the Tribe or the allottees with 

19 respect to the appropriation of funds for the reha20 bilitation, expansion, improvement, repair, operation, 

21 or maintenance of the Crow Irrigation Project. Upon 

22 complete appropriation of funds authorized by sub23 sections (a) and (h) of section 14 any claim of the 

24 Tribe or the allottees with respect to the appropria25 tion of funds for the rehabilitation, expansion, imVerDate Nov 24 2008 00:24 Sep 16, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3563.IH H3563

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1 provement, repair, operation, or maintenance of the 

2 Crow Irrigation Project shall be deemed to have 

3 been satisfied. 

4 (2) EFFECT.—Except as provided in section 5, 

5 nothing in this Act affects any applicable law (in6 cluding regulations) under which the United States 

7 collects irrigation assessments from— 

8 (A) non-Indian users of the Crow Irriga9 tion Project; and 

10 (B) the Tribe, tribal entities and instru11 mentalities, tribal members, allottees, and enti12 ties owned by the Tribe, tribal members, or 

13 allottees to the extent that annual irrigation as14 sessments assessed on such tribal water users 

15 exceed the amount of funds available under sec16 tion 11(d)(3)(F) for costs relating to CIP 

17 OM&R. 

18 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith19 standing subsection (a) and except as provided in section 

20 7(d), nothing in this Act recognizes or establishes any 

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

22 within the Reservation or the ceded strip. 

23 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

24 (a) IN GENERAL.— 


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1 (1) WAIVER AND RELEASE OF CLAIMS BY THE

2 TRIBE AND THE UNITED STATES ACTING IN ITS CA3 PACITY AS TRUSTEE FOR THE TRIBE.—Subject to 

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

5 return for recognition of the tribal water rights and 

6 other benefits as set forth in the Compact and this 

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

8 (but not tribal members in their capacities as 

9 allottees), and the United States acting in its capac10 ity as trustee for the Tribe and its members (but not 

11 tribal members in their capacities as allottees), are 

12 authorized and directed, to execute a waiver and re13 lease of all claims for water rights within the State 

14 that the Tribe, or the United States acting in its ca15 pacity as trustee for the Tribe, asserted, or could 

16 have asserted, in any proceeding, including but not 

17 limited to the Montana stream adjudication, up to 

18 and including the enforceability date, except to the 

19 extent that such rights are recognized in the Com20 pact as amended by this Act. 

21 (2) WAIVER AND RELEASE OF CLAIMS BY THE

22 UNITED STATES ACTING IN ITS CAPACITY AS TRUST23 EE FOR ALLOTTEES.—Subject to the retention of 

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1 fits as set forth in the Compact and this Act, the 

2 United States acting in its capacity as trustee for 

3 allottees is authorized and directed to execute a 

4 waiver and release of all claims for water rights 

5 within the Reservation and the ceded strip that the 

6 United States acting in its capacity as trustee for 

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

8 proceeding, including but not limited to the Montana 

9 stream adjudication, up to and including the en10 forceability date, except to the extent that such 

11 rights are recognized in the Compact or this Act. 

12 (3) WAIVER AND RELEASE OF CLAIMS BY THE

13 TRIBE AGAINST THE UNITED STATES.—Subject to 

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

15 Tribe, on behalf of itself and its members, is author16 ized to execute a waiver and release of— 

17 (A) all claims against the United States, 

18 its agencies, or employees, relating to claims for 

19 water rights within the State that the United 

20 States acting in its capacity as trustee for the 

21 Tribe asserted, or could have asserted, in any 

22 proceeding, including but not limited to the 

23 Montana stream adjudication, except to the ex24 tent that such rights are recognized as tribal 

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1 lating in any manner to the claims reserved 

2 against the United States, its agencies or em3 ployees in section 4(e) of the joint stipulation of 

4 settlement; 

5 (B) all claims against the United States, 

6 its agencies, or employees relating to damages, 

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

8 or natural resources due to loss of water or 

9 water rights (including but not limited to dam10 ages, losses or injuries to hunting, fishing, 

11 gathering or cultural rights due to loss of water 

12 or water rights; claims relating to interference 

13 with, diversion or taking of water; or claims re14 lating to failure to protect, acquire, replace, or 

15 develop water, water rights or water infrastruc16 ture) within the State that first accrued at any 

17 time up to and including the enforceability date, 

18 including all claims relating to the failure to es19 tablish or provide a municipal rural or indus20 trial water delivery system on the Reservation 

21 and all claims relating to the failure to provide 

22 for, operate or maintain the Crow Irrigation 

23 Project, or any other irrigation system or irri24 gation project on the Reservation; 


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1 (C) all claims against the United States, 

2 its agencies, or employees relating to the pend3 ing litigation of claims relating to the Tribe’s 

4 water rights in the State; 

5 (D) all claims against the United States, 

6 its agencies, or employees relating to the nego7 tiation, execution, or the adoption of the Com8 pact, exhibits thereto, or this Act; 

9 (E) subject to the retention of rights set 

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

11 damages that first accrued at any time up to 

12 and including the enforceability date with re13 spect to— 

14 (i) the failure to recognize or enforce 

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

16 created by the movement of the Bighorn 

17 River; and 

18 (ii) the failure to make productive use 

19 of those lands created by the movement of 

20 the Bighorn River to which the Tribe has 

21 claimed title; 

22 (F) all claims that first accrued at any 

23 time up to and including the enforceability date 

24 arising from the taking or acquisition of the 


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1 Tribe’s land or resources for the construction of 

2 the Yellowtail Dam; 

3 (G) all claims that first accrued at any 

4 time up to and including the enforceability date 

5 relating to the construction and operation of 

6 Yellowtail Dam and the management of Big7 horn Lake; and 

8 (H) all claims that first accrued at any 

9 time up to and including the enforceability date 

10 relating to the generation of power from 

11 Yellowtail Dam or the lack thereof. 

12 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

14 enforceability date. 

15 (c) RESERVATION OF RIGHTS AND RETENTION OF

16 CLAIMS.—Notwithstanding the waivers and releases au17 thorized in this Act, the Tribe on behalf of itself and its 

18 members and the United States acting in its capacity as 

19 trustee for the Tribe retain— 

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

21 any final decree, or this Act; 

22 (2) all rights to use and protect water rights ac23 quired after the date of enactment of this Act; 

24 (3) all claims relating to activities affecting the 

25 quality of water including but not limited to any 


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1 claims the Tribe might have under Comprehensive 

2 Environmental Response, Compensation, and Liabil3 ity Act (including but not limited to claims for dam4 ages to natural resources), the Safe Drinking Water 

5 Act, the Clean Water Act, and the regulations imple6 menting these Acts; 

7 (4) all claims relating to damages, losses, or in8 juries to land or natural resources not due to loss 

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

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

11 (5) all rights, remedies, privileges, immunities, 

12 and powers not specifically waived and released pur13 suant to this Act or article VII(E) of the Compact; 

14 (6) all claims against any person or entity other 

15 than the United States, including claims for mone16 tary damages, with respect to— 

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

18 are created by the movement of the Bighorn 

19 River; and 

20 (B) the productive use of those lands cre21 ated by the movement of the Bighorn River to 

22 which the Tribe has claimed title; and 

23 (7) all claims that first accrued after the en24 forceability date with respect to claims otherwise 


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

2 (E) through (H), inclusive. 

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

4 Compact or this Act— 

5 (1) affects the ability of the United States act6 ing in its sovereign capacity to take actions author7 ized by law, including but not limited to any laws re8 lating to health, safety or the environment, including 

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

10 Drinking Water Act, the Comprehensive Environ11 mental Response, Compensation, and Liability Act, 

12 Resource Conservation and Recovery Act, and the 

13 regulations implementing such Acts; 

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

15 take actions acting in its capacity as trustee for any 

16 other Indian tribe or allottee of any other Indian 

17 tribe; 

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

19 (A) interpret Federal law regarding health, 

20 safety, or the environment or determine the du21 ties of the United States or other parties pursu22 ant to such Federal law; and 

23 (B) conduct judicial review of Federal 

24 agency action. 


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

2 in an individual capacity that does not derive from 

3 a right of the Tribe; or 

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

5 the joint stipulation of settlement. 

6 (e) ENFORCEABILITY DATE.— 

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

8 be the date on which the Secretary publishes in the 

9 Federal Register a statement of findings that— 

10 (A) the Montana Water Court has issued 

11 a final judgment and decree approving the 

12 Compact, or if the Montana Water Court is 

13 found to lack jurisdiction, the United States 

14 District Court of jurisdiction has approved the 

15 Compact as a consent decree and such approval 

16 is final; 

17 (B) $197,877,000 has been deposited in 

18 the Crow Settlement Fund; 

19 (C) the Secretary has fulfilled his obliga20 tions to negotiate an agreement with the Tribe 

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

22 (D) the State has appropriated and paid 

23 into an interest-bearing escrow account any 

24 payments then due to the Tribe under the Com25 pact; 


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1 (E) the Tribe has ratified the Compact by 

2 submitting the Act and the Compact to a vote 

3 by the tribal membership for approval or dis4 approval and the tribal membership has voted 

5 to approve the Act and the Compact by a ma6 jority of votes cast on the day of the vote, as 

7 certified by the Secretary and the Tribe; 

8 (F) the Secretary has fulfilled the require9 ments of section 8(a); and 

10 (G) the waivers and releases authorized 

11 and set forth in subsection (a) have been exe12 cuted by the Tribe and the Secretary. 

13 (f) TOLLING OF CLAIMS.— 

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

15 limitation and time-based equitable defense relating 

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

17 the period beginning on the date of enactment of 

18 this Act and ending on the date on which the 

19 amounts authorized to be appropriated to carry out 

20 this Act are appropriated. 

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

22 subsection revives any claim or tolls any period of 

23 limitation or time-based equitable defense that ex24 pired before the date of enactment of this Act. 


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1 SEC. 11. CROW SETTLEMENT FUND. 

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

3 Treasury of the United States the Crow Settlement Fund, 

4 consisting of such amounts as are deposited in the fund 

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

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

7 Secretary shall establish in the Crow Settlement Fund the 

8 following accounts: 

9 (1) The Tribal Compact Administration ac10 count, consisting of amounts authorized pursuant to 

11 section 14(c). 

12 (2) The Economic Development account, con13 sisting of amounts authorized pursuant to section 

14 14(d). 

15 (3) The Water Development Projects account, 

16 consisting of amounts authorized pursuant to section 

17 14(e). 

18 (4) The MR&I System OM&R account, con19 sisting of amounts authorized pursuant to section 

20 14(f). 

21 (5) The Yellowtail Dam OM&R account, con22 sisting of amounts authorized pursuant to section 

23 14(g). 

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

25 amounts authorized pursuant to section 14(h). 

26 (c) DEPOSITS TO CROW SETTLEMENT FUND.— 


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1 (1) IN GENERAL.—The Secretary of the Treas2 ury shall promptly deposit in the Crow Settlement 

3 Fund any amounts appropriated for that purpose. 

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

5 the Treasury shall deposit amounts in the accounts 

6 of the Crow Settlement Fund established under sub7 section (b) in descending order of priority, with 

8 highest priority given to the Tribal Compact Admin9 istration account established under subsection 

10 (b)(1). 

11 (d) MANAGEMENT.— 

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

13 the Crow Settlement Fund, make investments from 

14 the Crow Settlement Fund, and make monies avail15 able from the Crow Settlement Fund for distribution 

16 to the Tribe consistent with the American Indian 

17 Trust Fund Management Reform Act of 1994 (25 

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

19 as the ‘‘Trust Fund Reform Act’’). 

20 (2) INVESTMENT OF CROW SETTLEMENT

21 FUND.—Upon the enforceability date the Secretary 

22 shall invest amounts in the Crow Settlement Fund 

23 in accordance with— 

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

25 161); 


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

2 1938 (25 U.S.C. 162a); 

3 (C) the obligations of Federal corporations 

4 and Federal Government-sponsored entities the 

5 charter documents of which provide that the ob6 ligations of the entities are lawful investments 

7 for federally managed funds, including— 

8 (i) the obligations of the United 

9 States Postal Service described in section 

10 2005 of title 39, United States Code; 

11 (ii) bonds and other obligations of the 

12 Tennessee Valley Authority described in 

13 section 15d of the Tennessee Valley Au14 thority Act of 1933 (16 U.S.C. 831n–4); 

15 (iii) mortgages, obligations, and other 

16 securities of the Federal Home Loan Mort17 gage Corporation described in section 303 

18 of the Federal Home Loan Mortgage Cor19 poration Act (12 U.S.C. 1452); and 

20 (iv) bonds, notes, and debentures of 

21 the Commodity Credit Corporation de22 scribed in section 4 of the Act of March 8, 

23 1938 (15 U.S.C. 713a–4); and 

24 (D) the obligations referred to in section 

25 201 of the Social Security Act (42 U.S.C. 401). 


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1 (3) DISTRIBUTIONS FROM CROW SETTLEMENT

2 FUND.— 

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

4 Settlement Fund shall be used for each purpose 

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

6 (B) TRIBAL COMPACT ADMINISTRATION

7 ACCOUNT.—The Tribal Compact Administration 

8 Account shall be used for expenditures by the 

9 Tribe for Tribal Compact Administration, in ac10 cordance with the definition of Tribal Compact 

11 Administration under section 3. 

12 (C) ECONOMIC DEVELOPMENT AC13 COUNT.—The Economic Development Account 

14 shall be used for expenditures by the Tribe for 

15 economic development, in accordance with the 

16 definition of Economic Development under sec17 tion 3. 

18 (D) WATER DEVELOPMENT PROJECT AC19 COUNT.—The Water Development Project Ac20 count shall be used for expenditures by the 

21 Tribe for 1 or more water development projects, 

22 in accordance with the definition of Water De23 velopment Project under section 3. 

24 (E) YELLOWTAIL DAM OM&R ACCOUNT.— 

25 Interest accrued on the funds in the Yellowtail 


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1 Dam OM&R Account in the prior fiscal year 

2 shall be used for Yellowtail Dam OM&R costs 

3 in the subsequent year. The interest shall be 

4 used to reduce the Yellowtail Dam OM&R costs 

5 to all tribal water users on a proportional basis 

6 for that year. 

7 (F) CIP OM&R ACCOUNT.— 

8 (i) IN GENERAL.—Interest accrued on 

9 the funds in the CIP OM&R Account in 

10 the prior fiscal year shall be used for CIP 

11 OM&R costs in the subsequent year. 

12 (ii) REDUCTION OF COSTS TO TRIBAL

13 WATER USERS.— 

14 (I) IN GENERAL.—Subject to 

15 subclause (II), the interest described 

16 in clause (i) shall be used to reduce 

17 the CIP OM&R costs to all tribal 

18 water users on a proportional basis 

19 for that year. 

20 (II) LIMITATION ON USE OF

21 FUNDS.—Interest accrued on the 

22 funds in the CIP OM&R Account 

23 shall only be used to pay irrigation as24 sessments for the Tribe, tribal entities 

25 and instrumentalities, tribal members, 


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1 allottees, and entities owned by the 

2 Tribe, tribal members, or allottees. 

3 (G) MR&I SYSTEM OM&R ACCOUNT.— 

4 (i) IN GENERAL.—Interest accrued on 

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

6 Account in the prior fiscal year shall be 

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

8 subsequent year. 

9 (ii) REDUCTION OF COSTS TO TRIBAL

10 WATER USERS.— 

11 (I) IN GENERAL.—Subject to 

12 subclause (II), the interest described 

13 in clause (i) shall be used to reduce 

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

15 tribal water users on a proportional 

16 basis for that year. 

17 (II) LIMITATION ON USE OF

18 FUNDS.—The funds from the MR&I 

19 System OM&R Account shall only be 

20 used to reduce water charges for 

21 water used by the Tribe, tribal enti22 ties and instrumentalities, tribal mem23 bers, allottees, and entities owned by 

24 the Tribe, tribal members, or 

25 allottees. 


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1 (4) WITHDRAWALS BY TRIBE.— 

2 (A) IN GENERAL.—The Tribe may with3 draw any portion of amounts in the Crow Set4 tlement Fund on approval by the Secretary of 

5 a tribal management plan in accordance with 

6 the Trust Fund Reform Act. 

7 (B) REQUIREMENTS.— 

8 (i) IN GENERAL.—In addition to the 

9 requirements under the Trust Fund Re10 form Act, the tribal management plan of 

11 the Tribe under subparagraph (A) shall re12 quire that the Tribe spend any amounts 

13 withdrawn from the Crow Settlement Fund 

14 in accordance with this Act. 

15 (ii) ENFORCEMENT.—The Secretary 

16 may carry out such judicial or administra17 tive actions as the Secretary determines to 

18 be necessary to enforce a tribal manage19 ment plan to ensure that amounts with20 drawn by the Tribe from the Crow Settle21 ment Fund under this paragraph are used 

22 in accordance with this Act. 

23 (C) LIABILITY.—The Secretary and the 

24 Secretary of the Treasury shall not be liable for 

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1 drawn from the Crow Settlement Fund by the 

2 Tribe under this paragraph. 

3 (D) EXPENDITURE PLAN.— 

4 (i) IN GENERAL.—For each fiscal 

5 year, the Tribe shall submit to the Sec6 retary for approval an expenditure plan for 

7 any portion of the amounts described in 

8 subparagraph (A) that the Tribe elects not 

9 to withdraw under this paragraph during 

10 the fiscal year. 

11 (ii) INCLUSION.—An expenditure plan 

12 under clause (i) shall include a description 

13 of the manner in which, and the purposes 

14 for which, funds of the Tribe remaining in 

15 the Crow Settlement Fund will be used 

16 during subsequent fiscal years. 

17 (iii) APPROVAL.—On receipt of an ex18 penditure plan under clause (i), the Sec19 retary shall approve the plan if the Sec20 retary determines that the plan is— 

21 (I) reasonable; and 

22 (II) consistent with this Act. 

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

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1 penditure by the Tribe of amounts in the Crow Set2 tlement Fund during the preceding calendar year. 

3 (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO4 HIBITED.—No amount in the Crow Settlement Fund 

5 shall be distributed to any member of the Tribe on 

6 a per capita basis. 

7 (e) AVAILABILITY.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amounts in the Crow Settlement 

10 Fund shall be available for use by the Secretary and 

11 withdrawal by the Tribe beginning on the enforce12 ability date. 

13 (2) EXCEPTION.—The amounts made available 

14 under section 14(c) shall be available for use by the 

15 Secretary and withdrawal by the Tribe beginning on 

16 the date on which the Tribe ratifies the Compact as 

17 provided in section 10(e)(1)(E). 

18 (f) STATE CONTRIBUTION.—The State contribution 

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

20 Compact. 

21 SEC. 12. YELLOWTAIL DAM, MONTANA. 

22 (a) STREAMFLOW AND LAKE LEVEL MANAGEMENT

23 PLAN.— 


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1 (1) Nothing in the Compact or the Streamflow 

2 and Lake Level Management Plan referred to in ar3 ticle III(A)(7) of the Compact— 

4 (A) limits the discretion of the Secretary 

5 under the section 4F of that plan; or 

6 (B) requires the Secretary to give priority 

7 to any factor described in section 4F of the 

8 plan over any other factor described in that sec9 tion. 

10 (2) Bighorn Lake water management, including 

11 the Streamflow and Lake Level Management Plan, 

12 is a Federal activity and review and enforcement of 

13 any water management decisions shall be as pro14 vided by Federal law. 

15 (3) The Streamflow and Lake Level Manage16 ment Plan referred to in and part of the Compact 

17 shall be interpreted to clearly reflect paragraphs (1) 

18 and (2). 

19 (4) Notwithstanding any term (including any 

20 defined term) or provision in the Streamflow and 

21 Lake Level Management Plan, for purposes of this 

22 Act, the Compact, and the Streamflow and Lake 

23 Level Management Plan, any requirement in that 

24 Plan that the Crow Tribe dedicate a specified per25 centage, portion, or number of acre feet of water per 


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1 year of the tribal water rights to instream flow 

2 means, and is limited in its meaning and effect to, 

3 an obligation on the part of the Crow Tribe to with4 hold from development or otherwise refrain from di5 verting or removing from the Bighorn River the 

6 specified quantity of water for the duration, at the 

7 locations, and under the conditions set forth in the 

8 applicable requirement. 

9 (b) POWER GENERATION.— 

10 (1) Notwithstanding any other provision of law, 

11 the Tribe shall have the exclusive right to develop 

12 and market power generation as a water develop13 ment project on the Yellowtail Afterbay Dam. 

14 (2) The Bureau of Reclamation shall cooperate 

15 with the Tribe on such project. 

16 (3) Any hydroelectric power generated under 

17 this provision shall be used or marketed by the 

18 Tribe. 

19 (4) The Tribe shall retain any revenues from 

20 the sale of hydroelectric power generated under this 

21 provision. 

22 (5) The United States shall have no trust obli23 gation to monitor, administer, or account for the 

24 revenues received by the Tribe, or the expenditure of 

25 the revenues. 


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

2 Reclamation shall consult with the Tribe on at least a 

3 quarterly basis on all issues relating to the Bureau’s man4 agement of Yellowtail Dam. 

5 (d) AMENDMENTS TO COMPACT AND PLAN.—The 

6 provisions of subsection (a) apply to any amendment to— 

7 (1) the Compact; or 

8 (2) the Streamflow and Lake Level Manage9 ment Plan. 

10 SEC. 13. MISCELLANEOUS PROVISIONS. 

11 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

15 Act waives the sovereign immunity of the United States. 

16 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

17 Nothing in this Act quantifies or diminishes any land or 

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

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

20 Tribe. 

21 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

22 With respect to Indian land within the Reservation or the 

23 ceded strip— 

24 (1) the United States shall not submit against 

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1 tion or the ceded strip any claim for reimbursement 

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

3 Act and the Compact; and 

4 (2) no assessment of any Indian-owned land lo5 cated within the Reservation or the ceded strip shall 

6 be made regarding that cost. 

7 (d) LIMITATION ON LIABILITY OF UNITED

8 STATES.— 

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

10 trust or other obligation— 

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

12 in any manner, any funds provided to the Tribe 

13 by any party to the Compact other than the 

14 United States; or 

15 (B) to review or approve any expenditure 

16 of those funds. 

17 (2) INDEMNIFICATION.—The Tribe shall indem18 nify the United States, and hold the United States 

19 harmless, with respect to all claims (including claims 

20 for takings or breach of trust) arising from the re21 ceipt or expenditure of amounts described in para22 graph (1)(A). 

23 (e) EFFECT ON CURRENT LAW.—Nothing in this sec24 tion affects any provision of law (including regulations) 

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


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1 Act with respect to preenforcement review of any Federal 

2 environmental enforcement action. 

3 (f) LIMITATIONS ON EFFECT.— 

4 (1) IN GENERAL.—Nothing in this Act, the 

5 Compact, or the Streamflow and Lake Level Man6 agement Plan referred to in article III(A)(7) of the 

7 Compact— 

8 (A) limits, expands, alters, or otherwise af9 fects— 

10 (i) the meaning, interpretation, imple11 mentation, application, or effect of any ar12 ticle, provision, or term of the Yellowstone 

13 River Compact; 

14 (ii) any right, requirement, or obliga15 tion under the Yellowstone River Compact; 

16 (iii) any allocation (or manner of de17 termining any allocation) of water under 

18 the Yellowstone River Compact; or 

19 (iv) any present or future claim, de20 fense, or other position asserted in any 

21 legal, administrative, or other proceeding 

22 arising under or relating to the Yellow23 stone River Compact (including the origi24 nal proceeding between the State of Mon25 tana and the State of Wyoming currently 


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1 pending before the United States Supreme 

2 Court); 

3 (B) makes an allocation or apportionment 

4 of water between or among states; 

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

6 to what extent (if any)— 

7 (i) the tribal water rights or any por8 tion of the tribal water rights should be ac9 counted for as part of or otherwise charged 

10 against any allocation of water made to a 

11 state under the provisions of the Yellow12 stone River Compact; or 

13 (ii) the Yellowstone River Compact in14 cludes or does not include the tribal water 

15 rights or the water right of any Indian 

16 tribe as part of any allocation or other dis17 position of water under that compact; or 

18 (D) waives the sovereign immunity from 

19 suit of any state under the Eleventh Amend20 ment to the Constitution of the United States, 

21 except as expressly authorized in Article 

22 IV(F)(8) of the Compact. 

23 (2) EFFECT OF CERTAIN PROVISIONS IN COM24 PACT.—The provisions in article III (A)(6)(a) (1) 

25 and (2), (B)(6)(a) (1) and (2), (E)(6)(a) (1) and 


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1 (2), and (F)(6)(a) (1) and (2) of the Compact that 

2 provide protections to certain water rights recog3 nized under the laws of the State do not affect in 

4 any way, either directly or indirectly, existing or fu5 ture water rights (including the exercise of any such 

6 rights) outside of the State. 

7 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) REHABILITATION AND IMPROVEMENT OF CROW

9 IRRIGATION PROJECT.—There is authorized to be appro10 priated $160,653,000, adjusted to reflect changes since 

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

12 improvement of the Crow Irrigation Project. 

13 (b) DESIGN AND CONSTRUCTION OF MR&I SYS14 TEM.—There is authorized to be appropriated 

15 $200,840,000, adjusted to reflect changes since May 1, 

16 2008, under section 6(e) for the design and construction 

17 of the MR&I System. 

18 (c) TRIBAL COMPACT ADMINISTRATION.—There is 

19 authorized to be appropriated $4,776,000 for Tribal Com20 pact Administration. 

21 (d) ECONOMIC DEVELOPMENT PROJECTS.—There is 

22 authorized to be appropriated $47,762,000 for Economic 

23 Development Projects. 

24 (e) WATER DEVELOPMENT PROJECTS.—There is au25 thorized to be appropriated $44,889,000 (as adjusted to 


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1 reflect changes in construction cost indices applicable to 

2 the types of construction involved during the period begin3 ning on May 1, 2008, and ending on the date of appropria4 tion) for Water Development Projects. 

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

6 be appropriated $72,256,000 (as adjusted to reflect 

7 changes in appropriate cost indices during the period be8 ginning on May 1, 2008, and ending on the date of appro9 priation) for MR&I OM&R. 

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

11 to be appropriated $12,987,000 (as adjusted to reflect 

12 changes in appropriate cost indices during the period be13 ginning on May 1, 2008, and ending on the date of appro14 priation) for Yellowtail Dam OM&R. 

15 (h) CIP OM&R.—There is authorized to be appro16 priated $15,207,000 (as adjusted to reflect changes in ap17 propriate cost indices during the period beginning on May 

18 1, 2008, and ending on the date of appropriation) for CIP 

19 OM&R. 

20 (i) ENVIRONMENTAL COMPLIANCE.—There are au21 thorized to be appropriated such sums as are necessary 

22 to carry out all necessary environmental compliance activi23 ties undertaken by the Secretary associated with the Com24 pact and this Act. 


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1 (j) BUREAU OF RECLAMATION COSTS FOR CROW IR2 RIGATION PROJECT.—There are authorized to be appro3 priated such sums as are necessary for the Bureau of Rec4 lamation to carry out its role as lead agency for the reha5 bilitation and improvement of the Crow Irrigation Project. 

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

7 SYSTEM.—There are authorized to be appropriated such 

8 sums as are necessary for the Bureau of Reclamation to 

9 carry out its role as lead agency for the design and con10 struction of the MR&I System. 

11 SEC. 15. REPEAL ON FAILURE TO MEET ENFORCEABILITY 

12 DATE. 

13 If the Secretary does not publish a statement of find14 ings under section 10(e) by March 31, 2016, or such ex15 tended date as agreed to by the Tribe and the Secretary 

16 after reasonable notice to the State— 

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

18 2016, and any action taken by the Secretary and 

19 any contract or agreement pursuant to the authority 

20 provided under any provision of this Act shall be 

21 void; 

22 (2) any amounts appropriated under section 14, 

23 together with any interest on those amounts, shall 

24 immediately revert to the general fund of the Treas25 ury; and 


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1 (3) any amounts made available under section 

2 14 that remain unexpended shall immediately revert 

3 to the general fund of the Treasury. 

Æ 


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