(e) PERFORMANCE OF OBLIGATIONS.—The Secretary 
and any other head of a Federal agency obligated under 
the Agreement shall perform actions necessary to carry 
out an obligation under the Agreement in accordance with 
this Act. 
SEC. 6. TRIBAL WATER RIGHTS. 
(a) IN GENERAL.—Tribal water rights shall be held 
in trust by the United States for the benefit of the Tribes. 
(b) ADMINISTRATION.— 
(1) ENACTMENT OF WATER CODE.—Not later 
than 3 years after the date of enactment of this Act, 
the Tribes, in accordance with the provision of the 
Tribes’ constitution and subject to the approval of 
the Secretary, shall enact a water code to administer 
tribal water rights. 
(2) INTERIM ADMINISTRATION.—The Secretary 
shall regulate the tribal water rights during the pe-
riod beginning on the date of enactment of this Act 
and ending on the date on which the Tribes enact 
a water code under paragraph (1). 
(c) TRIBAL
WATER
RIGHTS
NOT
SUBJECT
TO 
LOSS.—The tribal water rights shall not be subject to loss 
by abandonment, forfeiture, or nonuse. 
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SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT. 
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGA-
TION PROJECT.—Nothing in this Act shall affect the sta-
tus of the Duck Valley Indian Irrigation Project under 
Federal law. 
(b) CAPITAL COSTS NONREIMBURSABLE.—The cap-
ital costs associated with the Duck Valley Indian Irriga-
tion Project as the date of enactment of this Act, including 
any capital cost incurred with funds distributed under this 
Act for the Duck Valley Indian Irrigation Project, shall 
be nonreimbursable. 
SEC. 8. DEVELOPMENT AND MAINTENANCE FUNDS. 
(a) DEFINITION OF FUNDS.—In this section, the 
term ‘‘Funds’’ means— 
(1) the Development Fund; and 
(2) the Maintenance Fund. 
(b) DEVELOPMENT FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘‘Shoshone-Paiute Tribes Water 
Rights Development Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Development Fund to rehabilitate 
and, if the Tribes choose, to expand the Duck Valley 
Indian Irrigation Project, or for any of the following 
purposes: 
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(A) To pay or reimburse costs incurred by 
the Tribes in acquiring land and water rights. 
(B) For purposes of cultural preservation. 
(C) To restore or improve fish or wildlife 
habitat. 
(D) For fish or wildlife production, water 
resource development, or agricultural develop-
ment. 
(E) For water resource planning and de-
velopment. 
(F) To pay the costs of— 
(i) designing and constructing water 
supply and sewer systems for tribal com-
munities, including a water quality testing 
laboratory; 
(ii) other appropriate water-related 
projects and other related economic devel-
opment projects; 
(iii) the development of a water code; 
and 
(iv) other costs of implementing the 
Agreement. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary for deposit in the Development Fund 
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$9,000,000 for each of fiscal years 2008 through 
2012. 
(c) MAINTENANCE FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘‘Shoshone-Paiute Tribes Operation 
and Maintenance Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Maintenance Fund to pay or provide 
reimbursement for— 
(A) operation, maintenance, and replace-
ment costs of the Duck Valley Indian Irrigation 
Project and other water-related projects funded 
under this Act; or 
(B) operation, maintenance, and replace-
ment costs of water supply and sewer systems 
for tribal communities, including the operation 
and maintenance costs of a water quality test-
ing laboratory. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary for deposit in the Maintenance Fund 
$3,000,000 for each of fiscal years 2008 through 
2012. 
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(d) AVAILABILITY
OF AMOUNTS FROM FUND.— 
Amounts made available under subsections (b)(3) and 
(c)(3) shall be available for expenditure or withdrawal only 
after the effective date as set forth in section 9(d). 
(e) ADMINISTRATION OF FUNDS.—The Secretary, in 
accordance with the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 et seq.) 
shall manage the Funds, including by investing amounts 
from the Funds in accordance with the Act of April 1, 
1880 (25 U.S.C. 161), and the first section of the Act 
of June 24, 1938 (25 U.S.C. 162a). 
(f) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribes may with-
draw all or part of amounts in the Funds on 
approval by the Secretary of a tribal manage-
ment plan as described in the American Indian 
Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the tribal management 
plan shall require that the Tribes spend any 
amounts withdrawn from the Funds in accord-
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ance with the purposes described in subsection 
(b)(2) or (c)(2). 
(C) ENFORCEMENT.—The Secretary may 
take judicial or administrative action to enforce 
the provisions of any tribal management plan to 
ensure that any amounts withdrawn from the 
Funds under the plan are used in accordance 
with this Act and the Agreement. 
(D) LIABILITY.—If the Tribes exercise the 
right to withdraw amounts from the Funds, 
neither the Secretary nor the Secretary of the 
Treasury shall retain any liability for the ex-
penditure or investment of the amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribes shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the amounts in the 
Funds that the Tribes do not withdraw under 
the tribal management plan. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, amounts of the Tribes re-
maining in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
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retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act and the Agreement. 
(D) ANNUAL
REPORT.—For each Fund, 
the Tribes shall submit to the Secretary an an-
nual report that describes all expenditures from 
the Fund during the year covered by the report. 
(3) FUNDING
AGREEMENT.—Notwithstanding 
any other provision of this Act, on receipt of a re-
quest from the Tribes, the Secretary shall include an 
amount from funds made available under this sec-
tion in the funding agreement of the Tribes under 
title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 458aa et seq.), for 
use in accordance with subsections (b)(2) and (c)(2). 
No amount made available under this Act may be 
requested until the waivers under section 9(a) take 
effect. 
(g) NO PER CAPITA PAYMENTS.—No amount from 
the Funds (including any interest income accruing to the 
Funds) shall be distributed to a member of the Tribes on 
a per capita basis. 
SEC. 9. TRIBAL WAIVER AND RELEASE OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES 
AND UNITED STATES AS TRUSTEE FOR TRIBES.—The 
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Tribes and the United States on behalf of the Tribes, are 
authorized to execute a waiver and release of— 
(1) all claims for water rights in, or for waters 
of, the East Fork of the Owyhee River that the 
Tribes, or the United States as trustee for the 
Tribes, asserted or could have asserted in any court 
proceeding; and 
(2) all claims for damages, losses, or injuries to 
water rights in the East Fork Owyhee River, includ-
ing claims of interference, diversion, or taking of 
water that the Tribes, or the United States as trust-
ee for the Tribes, asserted or could have asserted in 
any court proceedings. 
(b) WAIVER AND RELEASE OF CLAIMS AGAINST THE 
UNITED STATES.—The Tribes are authorized to execute 
a waiver and release of— 
(1) all claims against the United States, its 
agencies, or employees, for water rights in, or waters 
of, the East Fork of the Owyhee River that the 
United States asserted or could have asserted in any 
court proceeding; 
(2) all claims for damages, losses, or injuries to 
water rights, including claims of interference, diver-
sion, or taking of water, or claims for failure to pro-
tect, acquire, or develop water or water rights within 
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the East Fork of the Owyhee River, and claims for 
fishing rights under any Executive order to the ex-
tent that an injury to such a right resulted from a 
reduction in the quantity of water available in the 
East Fork Owyhee River; that accrued on or before 
the effective date specified in subsection (d), that 
the Tribes have asserted or could have asserted 
against the United States, its agencies, or employees 
in any court proceedings; and 
(3) all claims arising out of the negotiation and 
adoption of the Agreement. 
(c) RETENTION OF RIGHTS.—Notwithstanding the 
waivers and releases set forth in subsections (a) and (b), 
the Tribes and their members and the United States as 
trustee for the Tribes and their members, shall retain— 
(1) all claims for enforcement of the Agree-
ment, the Final Consent Decree, or this Act, 
through such legal and equitable remedies as may be 
available in any court of competent jurisdiction; 
(2) all rights to use and protect water rights ac-
quired pursuant to any state law; 
(3) all claims relating to activities affecting the 
quality of water; 
(4) all rights to land outside the Reservation; 
and 
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(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released 
under the terms of the Agreement or this Act. 
(d) EFFECTIVE DATE.—Notwithstanding anything in 
the Agreement to the contrary, the waivers by the Tribes, 
or the United States on behalf of the Tribes, under this 
section shall take effect on the date on which the Secretary 
publishes in the Federal Register a statement of findings 
that includes a finding that— 
(1) the Secretary has executed the Agreement 
as approved by Congress; 
(2) all parties to the Agreement have executed 
the Agreement; 
(3) the Fourth Judicial District Court, Elko 
County, Nevada has issued a judgment and decree 
consistent with the Agreement from which no fur-
ther appeal can be taken; and 
(4) the amounts authorized under subsections 
(b)(3) and (c)(3) of section 8 have been appro-
priated. 
(e) FAILURE TO PUBLISH STATEMENT OF FIND-
INGS.—If the Secretary does not publish a statement of 
findings under subsection (d) by December 31, 2015— 
(1) the Agreement and this Act shall not take 
effect; and 
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(2) any funds and interest accrued thereon that 
have been appropriated under this Act shall imme-
diately revert to the general fund of the United 
States Treasury. 
(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 under sub-
sections (b)(3) and (c)(3) of section 8 are appro-
priated. 
(2) EFFECT OF SUBPARAGRAPH.—Nothing in 
this subparagraph revives any claim or tolls any pe-
riod of limitation or time-based equitable defense 
that expired before the date of enactment of this 
Act. 
(3) FUTURE ACQUISITION OF WATER RIGHTS.— 
Nothing in the Agreement or this Act precludes the 
Tribes, or the United States as trustee for the 
Tribes, from acquiring a water right in a state to 
the same extent as any other entity in the state, in 
accordance with state law. 
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SEC. 10. MISCELLANEOUS. 
(a) GENERAL DISCLAIMER.—The parties to the 
Agreement expressly reserve all rights not specifically 
granted, recognized, or relinquished by— 
(1) the settlement described in the Agreement; 
or 
(2) this Act. 
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing 
in this Act— 
(1) establishes a standard for quantifying— 
(A) a Federal reserved water right; 
(B) an aboriginal claim; or 
(C) any other water right claim of an In-
dian tribe in a judicial or administrative pro-
ceeding; or 
(2) limits the right of a party to the Agreement 
to litigate any issue not resolved by the Agreement 
or this Act. 
(c) ADMISSION AGAINST INTEREST.—Nothing in this 
Act constitutes an admission against interest by a party 
in any legal proceeding. 
(d) RESERVATION.—The Reservation shall be shall 
be— 
(1) considered to be the property of the Tribes; 
and 
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(2) permanently held in trust by the United 
States for the sole use and benefit of the Tribes. 
(e) JURISDICTION.— 
(1) SUBJECT MATTER JURISDICTION.—Nothing 
in the Agreement or this Act restricts, enlarges, or 
otherwise determines the subject matter jurisdiction 
of any Federal, State, or tribal court. 
(2) CIVIL
OR
REGULATORY
JURISDICTION.— 
Nothing in the Agreement or this Act impairs or im-
pedes the exercise of any civil or regulatory author-
ity of the United States, the State, or the Tribes. 
(3) CONSENT TO JURISDICTION.—The United 
States consents to jurisdiction in a proper forum for 
purposes of enforcing the provisions of the Agree-
ment. 
(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) enforce Federal environmental laws re-
lating to the duties of the United States under 
this Act; or 
(B) conduct judicial review of a Federal 
agency action. 
Æ 
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