extent that it is not inconsistent with the 
Compact or this Act. 
(ii) MUTUAL
EXTENSION
OF
AP-
PROVAL
PERIOD.—The tribal water code 
may not be considered to have been ap-
proved by the Secretary under clause (i) if 
the Secretary and the Tribe agree to ex-
tend the approval period. 
(g) EFFECT.—Except as otherwise specifically pro-
vided in this section, nothing in this Act— 
(1) authorizes any action by an allottee against 
any individual or entity, or against the Tribe, under 
Federal, State, tribal, or local law; or 
(2) alters or affects the status of any action 
pursuant to section 1491(a) of title 28, United 
States Code. 
SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE. 
(a) STORAGE ALLOCATION TO TRIBE.— 
(1) IN GENERAL.—As described in and subject 
to article III(A)(1)(b) of the Compact, the Secretary 
shall allocate to the Tribe 300,000 acre-feet per year 
of water stored in Bighorn Lake, Yellowtail Unit, 
Lower Bighorn Division, Pick Sloan Missouri Basin 
Program, Montana, under a water right held by the 
United States and managed by the Bureau of Rec-
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lamation, as measured at the outlet works of 
Yellowtail Dam, including— 
(A) not more than 150,000 acre-feet per 
year of the allocation, which may be used in ad-
dition to the natural flow right described in ar-
ticle III(A)(1)(a) of the Compact; and 
(B) 150,000 acre-feet per year of the allo-
cation, which may be used only as supplemental 
water for the natural flow right described in ar-
ticle III(A)(1)(a) of the Compact for use in 
times of natural flow shortage. 
(2) TREATMENT.— 
(A) IN
GENERAL.—The allocation under 
paragraph (1) shall be considered to be part of 
the tribal water rights. 
(B) PRIORITY DATE.—The priority date of 
the allocation under paragraph (1) shall be the 
priority date of the water right held by the Bu-
reau of Reclamation. 
(C) ADMINISTRATION.— 
(i) IN GENERAL.—The Tribe shall ad-
minister the water allocated under para-
graph (1) in accordance with the Compact. 
(ii) TEMPORARY
TRANSFER.—In ac-
cordance with subsection (c), the Tribe 
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may temporarily transfer by service con-
tract, lease, exchange, or other agreement, 
not more than 50,000 acre-feet of water 
allocated under paragraph (1)(A) off the 
Reservation, subject to the approval of the 
Secretary and the requirements of the 
Compact. 
(b) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving 
an allocation under this section, the Tribe shall 
enter into an allocation agreement with the Sec-
retary to establish the terms and conditions of the 
allocation, in accordance with the terms and condi-
tions of the Compact and this Act. 
(2) INCLUSIONS.—The allocation agreement 
under paragraph (1) shall include, among other 
things, a provision that— 
(A) it is without limit as to term; 
(B) the Tribe, and not the United States, 
shall be entitled to all consideration due to the 
Tribe under any lease, contract, or agreement 
the Tribe may enter into pursuant to the au-
thority in subsection (c); 
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(C) the United States shall have no trust 
obligation or other obligation to monitor, ad-
minister, or account for— 
(i) any funds received by the Tribe as 
consideration under any lease, contract, or 
agreement the Tribe may enter into pursu-
ant to the authority in subsection (c); or 
(ii) the expenditure of such funds; 
(D) if the facilities at Yellowtail Dam are 
significantly reduced or are anticipated to be 
significantly reduced for an extended period of 
time, the Tribe shall have the same storage 
rights as other storage contractors with respect 
to the allocation under this section; 
(E) the costs associated with the construc-
tion of the storage facilities at Yellowtail Dam 
allocable to the Tribe— 
(i) shall be nonreimbursable; and 
(ii) shall be excluded from any repay-
ment obligation of the Tribe; and 
(F) no water service capital charges shall 
be due or payable for any water allocated to the 
Tribe pursuant to this Act and the allocation 
agreement, regardless of whether that water is 
delivered for use by the Tribe or is delivered 
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under any leases, contracts, or agreements the 
Tribe may enter into pursuant to the authority 
in subsection (c). 
(c) TEMPORARY TRANSFER FOR USE OFF RESERVA-
TION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of statutory or common law, subject to 
paragraph (2), on approval of the Secretary and 
subject to the terms and conditions of the Compact, 
the Tribe may enter into a service contract, lease, 
exchange, or other agreement providing for the tem-
porary delivery, use, or transfer of not more than 
50,000 acre-feet per year of water allocated under 
subsection (a)(1)(A) for use off the Reservation. 
(2) REQUIREMENT.—An agreement under para-
graph (1) shall not permanently alienate any portion 
of the water allocated under subsection (a)(1)(A). 
(d) REMAINING STORAGE.— 
(1) IN GENERAL.—Upon the date of enactment 
of this Act, water in Bighorn Lake shall be consid-
ered to be fully allocated and no further storage allo-
cations shall be made by the Secretary. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection prevents the Secretary from renewing the 
storage contract with Pennsylvania Power and Light 
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Company consistent with the allocation to Pennsyl-
vania Power and Light Company in existence on the 
date of enactment of this Act, or entering into fu-
ture agreements with the Northern Cheyenne or 
Crow Tribes facilitating the Northern Cheyenne and 
Crow Tribes’ use of their allocations of water from 
Bighorn Lake. 
SEC. 9. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Tribe 
and the allottees under the Compact and this Act shall 
satisfy all claims of the Tribe and the allottees waived and 
released pursuant to section 10. 
(b) SATISFACTION OF CLAIMS RELATING TO CROW 
IRRIGATION PROJECT.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the funds authorized to be appropriated under sub-
sections (a) and (h) of section 14 shall be used to 
satisfy any claim of the Tribe or the allottees with 
respect to the appropriation of funds for the reha-
bilitation, expansion, improvement, repair, operation, 
or maintenance of the Crow Irrigation Project. Upon 
complete appropriation of funds authorized by sub-
sections (a) and (h) of section 14 any claim of the 
Tribe or the allottees with respect to the appropria-
tion of funds for the rehabilitation, expansion, im-
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provement, repair, operation, or maintenance of the 
Crow Irrigation Project shall be deemed to have 
been satisfied. 
(2) EFFECT.—Except as provided in section 5, 
nothing in this Act affects any applicable law (in-
cluding regulations) under which the United States 
collects irrigation assessments from— 
(A) non-Indian users of the Crow Irriga-
tion Project; and 
(B) the Tribe, tribal entities and instru-
mentalities, tribal members, allottees, and enti-
ties owned by the Tribe, tribal members, or 
allottees to the extent that annual irrigation as-
sessments assessed on such tribal water users 
exceed the amount of funds available under sec-
tion 11(d)(3)(F) for costs relating to CIP 
OM&R. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a) and except as provided in section 
7(d), nothing in this Act recognizes or establishes any 
right of a member of the Tribe or an allottee to water 
within the Reservation or the ceded strip. 
SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
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(1) WAIVER AND RELEASE OF CLAIMS BY THE 
TRIBE AND THE UNITED STATES ACTING IN ITS CA-
PACITY AS TRUSTEE FOR THE TRIBE.—Subject to 
the retention of rights set forth in subsection (c), in 
return for recognition of the tribal water rights and 
other benefits as set forth in the Compact and this 
Act, the Tribe, on behalf of itself and its members 
(but not tribal members in their capacities as 
allottees), and the United States acting in its capac-
ity as trustee for the Tribe and its members (but not 
tribal members in their capacities as allottees), are 
authorized and directed, to execute a waiver and re-
lease of all claims for water rights within the State 
that the Tribe, or the United States acting in its ca-
pacity as trustee for the Tribe, asserted, or could 
have asserted, in any proceeding, including but not 
limited to the Montana stream adjudication, up to 
and including the enforceability date, except to the 
extent that such rights are recognized in the Com-
pact as amended by this Act. 
(2) WAIVER AND RELEASE OF CLAIMS BY THE 
UNITED STATES ACTING IN ITS CAPACITY AS TRUST-
EE FOR ALLOTTEES.—Subject to the retention of 
rights set forth in subsection (c), in return for rec-
ognition of the Tribe’s water rights and other bene-
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fits as set forth in the Compact and this Act, the 
United States acting in its capacity as trustee for 
allottees is authorized and directed to execute a 
waiver and release of all claims for water rights 
within the Reservation and the ceded strip that the 
United States acting in its capacity as trustee for 
the allottees asserted, or could have asserted, in any 
proceeding, including but not limited to the Montana 
stream adjudication, up to and including the en-
forceability date, except to the extent that such 
rights are recognized in the Compact or this Act. 
(3) WAIVER AND RELEASE OF CLAIMS BY THE 
TRIBE AGAINST THE UNITED STATES.—Subject to 
the retention of rights set forth in subsection (c), the 
Tribe, on behalf of itself and its members, is author-
ized to execute a waiver and release of— 
(A) all claims against the United States, 
its agencies, or employees, relating to claims for 
water rights within the State that the United 
States acting in its capacity as trustee for the 
Tribe asserted, or could have asserted, in any 
proceeding, including but not limited to the 
Montana stream adjudication, except to the ex-
tent that such rights are recognized as tribal 
water rights in this Act, including all claims re-
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lating in any manner to the claims reserved 
against the United States, its agencies or em-
ployees in section 4(e) of the joint stipulation of 
settlement; 
(B) all claims against the United States, 
its agencies, or employees relating to damages, 
losses, or injuries to water, water rights, land, 
or natural resources due to loss of water or 
water rights (including but not limited to dam-
ages, 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 re-
lating to failure to protect, acquire, replace, or 
develop water, water rights or water infrastruc-
ture) within the State that first accrued at any 
time up to and including the enforceability date, 
including all claims relating to the failure to es-
tablish or provide a municipal rural or indus-
trial water delivery system on the Reservation 
and all claims relating to the failure to provide 
for, operate or maintain the Crow Irrigation 
Project, or any other irrigation system or irri-
gation project on the Reservation; 
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(C) all claims against the United States, 
its agencies, or employees relating to the pend-
ing litigation of claims relating to the Tribe’s 
water rights in the State; 
(D) all claims against the United States, 
its agencies, or employees relating to the nego-
tiation, execution, or the adoption of the Com-
pact, exhibits thereto, or this Act; 
(E) subject to the retention of rights set 
forth in subsection (c), all claims for monetary 
damages that first accrued at any time up to 
and including the enforceability date with re-
spect to— 
(i) the failure to recognize or enforce 
the Tribe’s claim of title to lands that are 
created by the movement of the Bighorn 
River; and 
(ii) the failure to make productive use 
of those lands created by the movement of 
the Bighorn River to which the Tribe has 
claimed title; 
(F) all claims that first accrued at any 
time up to and including the enforceability date 
arising from the taking or acquisition of the 
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Tribe’s land or resources for the construction of 
the Yellowtail Dam; 
(G) all claims that first accrued at any 
time up to and including the enforceability date 
relating to the construction and operation of 
Yellowtail Dam and the management of Big-
horn Lake; and 
(H) all claims that first accrued at any 
time up to and including the enforceability date 
relating to the generation of power from 
Yellowtail Dam or the lack thereof. 
(b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 
The waivers under subsection (a) shall take effect on the 
enforceability date. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases au-
thorized in this Act, the Tribe on behalf of itself and its 
members and the United States acting in its capacity as 
trustee for the Tribe retain— 
(1) all claims for enforcement of the Compact, 
any final decree, or this Act; 
(2) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(3) all claims relating to activities affecting the 
quality of water including but not limited to any 
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claims the Tribe might have under Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act (including but not limited to claims for dam-
ages to natural resources), the Safe Drinking Water 
Act, the Clean Water Act, and the regulations imple-
menting these Acts; 
(4) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss 
of water or water rights (including, but not limited 
to hunting, fishing, gathering, or cultural rights); 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or article VII(E) of the Compact; 
(6) all claims against any person or entity other 
than the United States, including claims for mone-
tary damages, with respect to— 
(A) the Tribe’s claim of title to lands that 
are created by the movement of the Bighorn 
River; and 
(B) the productive use of those lands cre-
ated by the movement of the Bighorn River to 
which the Tribe has claimed title; and 
(7) all claims that first accrued after the en-
forceability date with respect to claims otherwise 
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waived in accordance with subsection (a)(3)(B), and 
(E) through (H), inclusive. 
(d) EFFECT OF COMPACT AND ACT.—Nothing in the 
Compact or this Act— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any laws re-
lating to health, safety or the environment, including 
but not limited to the Clean Water Act, the Safe 
Drinking Water Act, the Comprehensive Environ-
mental Response, Compensation, and Liability Act, 
Resource Conservation and Recovery Act, and the 
regulations implementing such Acts; 
(2) affects the ability of the United States to 
take actions acting in its capacity as trustee for any 
other Indian tribe or allottee of any other Indian 
tribe; 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding health, 
safety, or the environment or determine the du-
ties of the United States or other parties pursu-
ant to such Federal law; and 
(B) conduct judicial review of Federal 
agency action. 
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(4) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe; or 
(5) revives any claims waived by the Tribe in 
the joint stipulation of settlement. 
(e) ENFORCEABILITY DATE.— 
(1) IN GENERAL.—The enforceability date shall 
be the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(A) the Montana Water Court has issued 
a final judgment and decree approving the 
Compact, or if the Montana Water Court is 
found to lack jurisdiction, the United States 
District Court of jurisdiction has approved the 
Compact as a consent decree and such approval 
is final; 
(B) $197,877,000 has been deposited in 
the Crow Settlement Fund; 
(C) the Secretary has fulfilled his obliga-
tions to negotiate an agreement with the Tribe 
in accordance with sections 5(a) and 6(a); 
(D) the State has appropriated and paid 
into an interest-bearing escrow account any 
payments then due to the Tribe under the Com-
pact; 
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(E) the Tribe has ratified the Compact by 
submitting the Act and the Compact to a vote 
by the tribal membership for approval or dis-
approval and the tribal membership has voted 
to approve the Act and the Compact by a ma-
jority of votes cast on the day of the vote, as 
certified by the Secretary and the Tribe; 
(F) the Secretary has fulfilled the require-
ments of section 8(a); and 
(G) the waivers and releases authorized 
and set forth in subsection (a) have been exe-
cuted by the Tribe and the Secretary. 
(f) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the date on which the 
amounts authorized to be appropriated to carry out 
this Act are appropriated. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
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SEC. 11. CROW SETTLEMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States the Crow Settlement Fund, 
consisting of such amounts as are deposited in the fund 
under subsections (c) through (h) of section 14. 
(b) ACCOUNTS OF CROW SETTLEMENT FUND.—The 
Secretary shall establish in the Crow Settlement Fund the 
following accounts: 
(1) The Tribal Compact Administration ac-
count, consisting of amounts authorized pursuant to 
section 14(c). 
(2) The Economic Development account, con-
sisting of amounts authorized pursuant to section 
14(d). 
(3) The Water Development Projects account, 
consisting of amounts authorized pursuant to section 
14(e). 
(4) The MR&I System OM&R account, con-
sisting of amounts authorized pursuant to section 
14(f). 
(5) The Yellowtail Dam OM&R account, con-
sisting of amounts authorized pursuant to section 
14(g). 
(6) The CIP OM&R account, consisting of 
amounts authorized pursuant to section 14(h). 
(c) DEPOSITS TO CROW SETTLEMENT FUND.— 
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(1) IN GENERAL.—The Secretary of the Treas-
ury shall promptly deposit in the Crow Settlement 
Fund any amounts appropriated for that purpose. 
(2) DEPOSITS TO ACCOUNTS.—The Secretary of 
the Treasury shall deposit amounts in the accounts 
of the Crow Settlement Fund established under sub-
section (b) in descending order of priority, with 
highest priority given to the Tribal Compact Admin-
istration 
account 
established 
under 
subsection 
(b)(1). 
(d) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Crow Settlement Fund, make investments from 
the Crow Settlement Fund, and make monies avail-
able from the Crow Settlement Fund for distribution 
to the Tribe consistent with the American Indian 
Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.) (referred to in this subsection 
as the ‘‘Trust Fund Reform Act’’). 
(2) 
INVESTMENT
OF
CROW
SETTLEMENT 
FUND.—Upon the enforceability date the Secretary 
shall invest amounts in the Crow Settlement Fund 
in accordance with— 
(A) the Act of April 1, 1880 (25 U.S.C. 
161); 
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(B) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(C) the obligations of Federal corporations 
and Federal Government-sponsored entities the 
charter documents of which provide that the ob-
ligations of the entities are lawful investments 
for federally managed funds, including— 
(i) the obligations of the United 
States Postal Service described in section 
2005 of title 39, United States Code; 
(ii) bonds and other obligations of the 
Tennessee Valley Authority described in 
section 15d of the Tennessee Valley Au-
thority Act of 1933 (16 U.S.C. 831n–4); 
(iii) mortgages, obligations, and other 
securities of the Federal Home Loan Mort-
gage Corporation described in section 303 
of the Federal Home Loan Mortgage Cor-
poration Act (12 U.S.C. 1452); and 
(iv) bonds, notes, and debentures of 
the Commodity Credit Corporation de-
scribed in section 4 of the Act of March 8, 
1938 (15 U.S.C. 713a–4); and 
(D) the obligations referred to in section 
201 of the Social Security Act (42 U.S.C. 401). 
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(3) DISTRIBUTIONS FROM CROW SETTLEMENT 
FUND.— 
(A) IN GENERAL.—Funds from the Crow 
Settlement Fund shall be used for each purpose 
described in subparagraphs (B) through (G). 
(B) TRIBAL
COMPACT
ADMINISTRATION 
ACCOUNT.—The Tribal Compact Administration 
Account shall be used for expenditures by the 
Tribe for Tribal Compact Administration, in ac-
cordance with the definition of Tribal Compact 
Administration under section 3. 
(C) 
ECONOMIC
DEVELOPMENT
AC-
COUNT.—The Economic Development Account 
shall be used for expenditures by the Tribe for 
economic development, in accordance with the 
definition of Economic Development under sec-
tion 3. 
(D) WATER DEVELOPMENT PROJECT AC-
COUNT.—The Water Development Project Ac-
count shall be used for expenditures by the 
Tribe for 1 or more water development projects, 
in accordance with the definition of Water De-
velopment Project under section 3. 
(E) YELLOWTAIL DAM OM&R ACCOUNT.— 
Interest accrued on the funds in the Yellowtail 
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allottees, and entities owned by the 
Tribe, tribal members, or allottees. 
(G) MR&I SYSTEM OM&R ACCOUNT.— 
(i) IN GENERAL.—Interest accrued on 
the funds from the MR&I System OM&R 
Account in the prior fiscal year shall be 
used for MR&I System OM&R costs in the 
subsequent year. 
(ii) REDUCTION OF COSTS TO TRIBAL 
WATER USERS.— 
(I) IN
GENERAL.—Subject to 
subclause (II), the interest described 
in clause (i) shall be used to reduce 
the MR&I System OM&R costs to all 
tribal water users on a proportional 
basis for that year. 
(II) LIMITATION
ON
USE
OF 
FUNDS.—The funds from the MR&I 
System OM&R Account shall only be 
used to reduce water charges for 
water used by the Tribe, tribal enti-
ties and instrumentalities, tribal mem-
bers, allottees, and entities owned by 
the 
Tribe, 
tribal 
members, 
or 
allottees. 
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(4) WITHDRAWALS BY TRIBE.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of amounts in the Crow Set-
tlement Fund on approval by the Secretary of 
a tribal management plan in accordance with 
the Trust Fund Reform Act. 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—In addition to the 
requirements under the Trust Fund Re-
form Act, the tribal management plan of 
the Tribe under subparagraph (A) shall re-
quire that the Tribe spend any amounts 
withdrawn from the Crow Settlement Fund 
in accordance with this Act. 
(ii) ENFORCEMENT.—The Secretary 
may carry out such judicial or administra-
tive actions as the Secretary determines to 
be necessary to enforce a tribal manage-
ment plan to ensure that amounts with-
drawn by the Tribe from the Crow Settle-
ment Fund under this paragraph are used 
in accordance with this Act. 
(C) LIABILITY.—The Secretary and the 
Secretary of the Treasury shall not be liable for 
the expenditure or investment of amounts with-
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drawn from the Crow Settlement Fund by the 
Tribe under this paragraph. 
(D) EXPENDITURE PLAN.— 
(i) IN
GENERAL.—For each fiscal 
year, the Tribe shall submit to the Sec-
retary for approval an expenditure plan for 
any portion of the amounts described in 
subparagraph (A) that the Tribe elects not 
to withdraw under this paragraph during 
the fiscal year. 
(ii) INCLUSION.—An expenditure plan 
under clause (i) shall include a description 
of the manner in which, and the purposes 
for which, funds of the Tribe remaining in 
the Crow Settlement Fund will be used 
during subsequent fiscal years. 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan if the Sec-
retary determines that the plan is— 
(I) reasonable; and 
(II) consistent with this Act. 
(5) ANNUAL REPORTS.—The Tribe shall submit 
to the Secretary annual reports describing each ex-
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penditure by the Tribe of amounts in the Crow Set-
tlement Fund during the preceding calendar year. 
(6) CERTAIN PER CAPITA DISTRIBUTIONS PRO-
HIBITED.—No amount in the Crow Settlement Fund 
shall be distributed to any member of the Tribe on 
a per capita basis. 
(e) AVAILABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amounts in the Crow Settlement 
Fund shall be available for use by the Secretary and 
withdrawal by the Tribe beginning on the enforce-
ability date. 
(2) EXCEPTION.—The amounts made available 
under section 14(c) shall be available for use by the 
Secretary and withdrawal by the Tribe beginning on 
the date on which the Tribe ratifies the Compact as 
provided in section 10(e)(1)(E). 
(f) STATE CONTRIBUTION.—The State contribution 
shall be provided in accordance with article VI(A) of the 
Compact. 
SEC. 12. YELLOWTAIL DAM, MONTANA. 
(a) STREAMFLOW AND LAKE LEVEL MANAGEMENT 
PLAN.— 
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(1) Nothing in the Compact or the Streamflow 
and Lake Level Management Plan referred to in ar-
ticle III(A)(7) of the Compact— 
(A) limits the discretion of the Secretary 
under the section 4F of that plan; or 
(B) requires the Secretary to give priority 
to any factor described in section 4F of the 
plan over any other factor described in that sec-
tion. 
(2) Bighorn Lake water management, including 
the Streamflow and Lake Level Management Plan, 
is a Federal activity and review and enforcement of 
any water management decisions shall be as pro-
vided by Federal law. 
(3) The Streamflow and Lake Level Manage-
ment Plan referred to in and part of the Compact 
shall be interpreted to clearly reflect paragraphs (1) 
and (2). 
(4) Notwithstanding any term (including any 
defined term) or provision in the Streamflow and 
Lake Level Management Plan, for purposes of this 
Act, the Compact, and the Streamflow and Lake 
Level Management Plan, any requirement in that 
Plan that the Crow Tribe dedicate a specified per-
centage, portion, or number of acre feet of water per 
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year of the tribal water rights to instream flow 
means, and is limited in its meaning and effect to, 
an obligation on the part of the Crow Tribe to with-
hold from development or otherwise refrain from di-
verting or removing from the Bighorn River the 
specified quantity of water for the duration, at the 
locations, and under the conditions set forth in the 
applicable requirement. 
(b) POWER GENERATION.— 
(1) Notwithstanding any other provision of law, 
the Tribe shall have the exclusive right to develop 
and market power generation as a water develop-
ment project on the Yellowtail Afterbay Dam. 
(2) The Bureau of Reclamation shall cooperate 
with the Tribe on such project. 
(3) Any hydroelectric power generated under 
this provision shall be used or marketed by the 
Tribe. 
(4) The Tribe shall retain any revenues from 
the sale of hydroelectric power generated under this 
provision. 
(5) The United States shall have no trust obli-
gation to monitor, administer, or account for the 
revenues received by the Tribe, or the expenditure of 
the revenues. 
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