H. R. 4783 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the fifth day of January, two thousand and ten 
An Act 
This Act may be cited as ‘‘The Claims Resettlement Act of 2010.’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Claims Resolu-
tion 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.
H. R. 4783—2 
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.
H. R. 4783—3 
TITLE I—INDIVIDUAL INDIAN MONEY 
ACCOUNT LITIGATION SETTLEMENT 
SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLE-
MENT. 
(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 connec-
tion 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 accord-
ance 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 enti-
tled 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
H. R. 4783—4 
District Court for the District of Columbia shall have jurisdic-
tion 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 Settle-
ment, 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 Settle-
ment, 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 Sec-
retary 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 juris-
dictions 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 Settle-
ment, 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 provi-
sion of law governing competition, public notification, or 
Federal procurement or assistance, amounts in the Indian 
Education Scholarship Holding Fund shall be made avail-
able, 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.
H. R. 4783—5 
(4) ACQUISITION OF TRUST OR RESTRICTED LAND.—The Sec-
retary may acquire, at the discretion of the Secretary and 
in accordance with the Land Consolidation Program, any frac-
tional interest in trust or restricted land. 
(5) TREATMENT OF UNLOCATABLE PLAINTIFFS.—A Plaintiff, 
the whereabouts of whom are unknown and who, after reason-
able 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 Settle-
ment 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 Plain-
tiffs 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 contem-
poraneous 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 bene-
ficiaries 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 Attor-
neys’ 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 Dis-
trict Court for the District of Columbia, in exercising the discretion
H. R. 4783—6 
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 mem-
bers 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 Settle-
ment 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 sec-
tion 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 Adminis-
tration 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 adjust-
ment under this subparagraph, otherwise receive a 
smaller Stage 2 payment than those Trust Administra-
tion 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 Adminis-
tration Adjustment Fund receives the same total payment 
under Stage 2 of the Settlement after making the adjust-
ments 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 Adminis-
tration 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
H. R. 4783—7 
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 condi-
tions 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 Agree-
ment’’ 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 Sec-
retary 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, Con-
servation, 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
H. R. 4783—8 
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 Discrimina-
tion 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 Agree-
ment 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 ‘‘sub-
section (g)’’; and 
(B) by striking ‘‘subsection (i)’’ and inserting ‘‘sub-
section (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 ‘‘sub-
section (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 modifica-
tions 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 Depart-
ment 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 Neu-
tral Adjudicator may, during the course of hearing claims, 
require claimants to provide additional documentation and evi-
dence if, in the Neutral Adjudicator’s judgment, the additional
H. R. 4783—9 
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 attor-
neys’ 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 contem-
poraneous time, expenses, and cost records in support of 
a motion for such fees, expenses, and costs. 
(B) EFFECT
ON
AGREEMENT.—Nothing in this para-
graph limits or otherwise affects the enforceability of provi-
sions 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 conten-
tions have evidentiary support’’. 
(6) DISTRIBUTION OF CLAIMS DETERMINATIONS AND SETTLE-
MENT
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 aforemen-
tioned settlement, and to any information and records gen-
erated, 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 statis-
tical sampling of adjudicated claims.
H. R. 4783—10 
(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 QUANTIFICA-
TION 
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 accord-
ance 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 Mari-
copa 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.
H. R. 4783—11 
(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 con-
tract (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 pri-
ority 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 stipula-
tion) 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-Deter-
mination 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’’
H. R. 4783—12 
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-reserva-
tion trust land’’ means land— 
(A) located outside the exterior boundaries of the res-
ervation 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 responsi-
bility for the care, operation, maintenance, and replacement 
of the CAP system. 
(18) REPAYMENT
CONTRACT.—The term ‘‘repayment con-
tract’’ 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 Execu-
tive 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 reserva-
tion. 
(21) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary 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.
H. R. 4783—13 
(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.—
H. R. 4783—14 
(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 asso-
ciated 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 perma-
nent relinquishment of the Harquahala Valley Irriga-
tion District CAP subcontract entitlement in accord-
ance with the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Irrigation Dis-
trict, 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 Sec-
retary 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).
H. R. 4783—15 
(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 deter-
mining 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 accord-
ance 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 enforce-
ability 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 objec-
tives, 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) asso-
ciated with the leased water; and
H. R. 4783—16 
(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 signifi-
cantly 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.
H. R. 4783—17 
(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 accord-
ance 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) con-
sistent with this title, those amendments are authorized, rati-
fied, 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 treat-
ment 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 sys-
tems 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 pipe-
line, provided that the additional connections may be added
H. R. 4783—18 
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 pro-
posed 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, incor-
porates 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 proce-
dures, emergency action plan, and first filling and moni-
toring 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;
H. R. 4783—19 
(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 dam-
ages 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 Sec-
retary 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.
H. R. 4783—20 
(2) EFFECT OF TITLE.—Nothing in this title gives the Tribe 
or any other party the right to judicial review of the determina-
tion by the Secretary under subsection (d) except under sub-
chapter 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 mainte-
nance 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 sub-
section (a), nothing in this title recognizes or establishes any right 
of a member of the Tribe to water on the reservation.
H. R. 4783—21 
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 obliga-
tions 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, for-
ever, 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 Agree-
ment 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 obliga-
tions under the Agreement, is authorized to execute a waiver 
and release of any and all claims against the Tribe, its mem-
bers, 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 reserva-
tion 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.
H. R. 4783—22 
(3) CLAIMS AGAINST UNITED STATES.—Except for the specifi-
cally 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 author-
ized 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 infrastruc-
ture) 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, for-
ever 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 sys-
tems on the reservation constructed prior to the enforce-
ability date that first accrued at any time prior to the 
enforceability date, which waiver shall only become effec-
tive 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;
H. R. 4783—23 
(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 manipu-
lation 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 enforce-
ability 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 judg-
ment 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 judg-
ment 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 enforce-
ability 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-
H. R. 4783—24 
McMoRan Copper & Gold, Inc., Phelps Dodge Corpora-
tion, 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 Agree-
ment or this title, in any Federal or State court of com-
petent jurisdiction; 
(B) to assert claims for injuries to, and seek enforce-
ment 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 enforce-
ment 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
H. R. 4783—25 
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 other-
wise 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 sec-
tions 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 Moun-
tain 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 para-
graph (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;
H. R. 4783—26 
(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 Moun-
tain 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 para-
graphs (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 bound-
aries 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 SETTLE-
MENT SUBACCOUNT. 
(a) ESTABLISHMENT.—There is established in the Lower Colo-
rado River Basin Development Fund a subaccount to be known 
as the ‘‘White Mountain Apache Tribe Water Rights Settlement 
Subaccount’’, consisting of—
H. R. 4783—27 
(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 accord-
ance 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 construc-
tion 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 avail-
able 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 expendi-
ture or withdrawal until the enforceability date. 
SEC. 311. MISCELLANEOUS PROVISIONS. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.—
H. R. 4783—28 
(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 para-
graph 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 other-
wise 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 Rec-
lamation 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.).
H. R. 4783—29 
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 41⁄2 
N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 41⁄2 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. 41⁄2 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 subse-
quently and finally determined to be part of the res-
ervation 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 res-
ervation 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 res-
ervation 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’’.
H. R. 4783—30 
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 para-
graph (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 para-
graph (2)(A); and 
(B) the WMAT Maintenance Fund established by para-
graph (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 appro-
priated 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 sub-
section (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 avail-
able for expenditure from the Cost Overrun Sub-
account. 
(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.
H. R. 4783—31 
(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 accord-
ance 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 sub-
section (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 Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(ii) REQUIREMENTS.—In addition to the require-
ments under the American Indian Trust Fund Manage-
ment 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 provi-
sions 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 Sec-
retary nor the Secretary of the Treasury shall retain 
any liability for the expenditure or investment of the 
amounts.
H. R. 4783—32 
(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 sub-
sections (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 depos-
ited 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 APPRO-
PRIATIONS.— 
(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 accord-
ance with section 403(f)(4) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(4)).
H. R. 4783—33 
(C) USE OF INTEREST.—The interest accrued on the 
amounts invested under subparagraph (B) shall not be 
available for expenditure or withdrawal until the enforce-
ability 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 sub-
section (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 require-
ments 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).
H. R. 4783—34 
TITLE IV—CROW TRIBE WATER RIGHTS 
SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Crow Tribe Water Rights Settle-
ment 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-Mon-
tana 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;
H. R. 4783—35 
(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 Anno-
tated (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 settle-
ment 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
H. R. 4783—36 
(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 fea-
tures 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 Sec-
retary 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 depart-
ment. 
(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 Sec-
retary. 
(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
H. R. 4783—37 
the extent such modifications do not otherwise require Congres-
sional 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 Sec-
retary 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 regula-
tions. 
(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
H. R. 4783—38 
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 provi-
sions 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 consid-
eration 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 improve-
ment 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 improve-
ments 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 com-
posed 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.
H. R. 4783—39 
SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner 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 docu-
ment 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 provi-
sions 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 consid-
eration 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
H. R. 4783—40 
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 convey-
ance 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 pro-
vided in chapter 171 of title 28, United States Code (com-
monly 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 Com-
mittee 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 oper-
ation 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.
H. R. 4783—81 
(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 Agree-
ment 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.