Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Shoshone-Paiute Tribes 
of the Duck Valley Reservation Water Rights Settlement 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) it is the policy of the United States, in ac-
cordance with the trust responsibility of the United 
States to Indian tribes, to promote Indian self-deter-
mination and economic self-sufficiency and to settle 
Indian water rights claims without lengthy and costly 
litigation, if practicable; 
(2) quantifying rights to water and development 
of facilities needed to use tribal water supplies is es-
sential to the development of viable Indian reserva-
tion economies and the establishment of a permanent 
reservation homeland; 
(3) uncertainty concerning the extent of the Sho-
shone-Paiute Tribes’ water rights has resulted in lim-
ited access to water and inadequate financial re-
sources necessary to achieve self-determination and 
self-sufficiency; 
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(4) in 2006, the Tribes, the State of Idaho, the 
affected individual water users, and the United States 
resolved all tribal claims to water rights in the Snake 
River Basin Adjudication through a consent decree 
entered by the District Court of the Fifth Judicial 
District of the State of Idaho, requiring no further 
Federal action to quantify the Tribes’ water rights in 
the State of Idaho; 
(5) as of the date of enactment of this Act, pro-
ceedings to determine the extent and nature of the 
water rights of the Tribes in the East Fork of the 
Owyhee River in Nevada are pending before the Ne-
vada State Engineer; 
(6) final resolution of the Tribes’ water claims in 
the East Fork of the Owyhee River adjudication 
will— 
(A) take many years; 
(B) entail great expense; 
(C) continue to limit the access of the Tribes 
to water, with economic and social consequences; 
(D) prolong uncertainty relating to the 
availability of water supplies; and 
(E) seriously impair long-term economic 
planning and development for all parties to the 
litigation; 
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(7) after many years of negotiation, the Tribes, 
the State, and the upstream water users have entered 
into a settlement agreement to resolve permanently all 
water rights of the Tribes in the State; and 
(8) the Tribes also seek to resolve certain water- 
related claims for damages against the United States. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to resolve outstanding issues with respect to 
the East Fork of the Owyhee River in the State in 
such a manner as to provide important benefits to— 
(A) the United States; 
(B) the State; 
(C) the Tribes; and 
(D) the upstream water users; 
(2) to achieve a fair, equitable, and final settle-
ment of all claims of the Tribes, members of the 
Tribes, and the United States on behalf of the Tribes 
and members of Tribes to the waters of the East Fork 
of the Owyhee River in the State; 
(3) to ratify and provide for the enforcement of 
the Agreement among the parties to the litigation; 
(4) to resolve the Tribes’ water-related claims for 
damages against the United States; 
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(5) to require the Secretary to perform all obli-
gations of the Secretary under the Agreement and this 
Act; and 
(6) to authorize the actions and appropriations 
necessary to meet the obligations of the United States 
under the Agreement and this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means 
the agreement entitled the ‘‘Agreement to Establish 
the Relative Water Rights of the Shoshone-Paiute 
Tribes of the Duck Valley Reservation and the Up-
stream Water Users, East Fork Owyhee River’’ and 
signed in counterpart between, on, or about Sep-
tember 22, 2006, and January 15, 2007 (including 
all attachments to that Agreement). 
(2) DEVELOPMENT FUND.—The term ‘‘Develop-
ment Fund’’ means the Shoshone-Paiute Tribes Water 
Rights Development Fund established by section 
8(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The 
term ‘‘East Fork of the Owyhee River’’ means the por-
tion of the east fork of the Owyhee River that is lo-
cated in the State. 
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(4) MAINTENANCE
FUND.—The term ‘‘Mainte-
nance Fund’’ means the Shoshone-Paiute Tribes Op-
eration and Maintenance Fund established by section 
8(c)(1). 
(5) RESERVATION.—The term ‘‘Reservation’’ 
means the Duck Valley Reservation established by the 
Executive order dated April 16, 1877, as adjusted 
pursuant to the Executive order dated May 4, 1886, 
and Executive order numbered 1222 and dated July 
1, 1910, for use and occupation by the Western Sho-
shones and the Paddy Cap Band of Paiutes. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 
water rights’’ means rights of the Tribes described in 
the Agreement relating to water, including ground-
water, storage water, and surface water. 
(9) TRIBES.—The term ‘‘Tribes’’ means the Sho-
shone-Paiute Tribes of the Duck Valley Reservation. 
(10) UPSTREAM WATER USER.—The term ‘‘up-
stream water user’’ means a non-Federal water user 
that— 
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(A) is located upstream from the Reserva-
tion on the East Fork of the Owyhee River; and 
(B) is a signatory to the Agreement as a 
party to the East Fork of the Owyhee River ad-
judication. 
SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
AGREEMENT; AUTHORIZATION. 
(a) IN GENERAL.—Except as provided in subsection 
(c) and except to the extent that the Agreement otherwise 
conflicts with provisions of this Act, the Agreement is ap-
proved, ratified, and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary is 
authorized and directed to execute the Agreement as ap-
proved by Congress. 
(c) EXCEPTION FOR TRIBAL WATER MARKETING.— 
Notwithstanding any language in the Agreement to the con-
trary, nothing in this Act authorizes the Tribes to use or 
authorize others to use tribal water rights off the Reserva-
tion, other than use for storage at Wild Horse Reservoir 
for use on tribal land and for the allocation of 265 acre 
feet to Upstream Water Users under the Agreement, or use 
on tribal land off the Reservation. 
(d) ENVIRONMENTAL COMPLIANCE.—Execution of the 
Agreement by the Secretary under this section shall not con-
stitute major Federal action under the National Environ-
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mental Policy Act (42 U.S.C. 4321 et seq.). The Secretary 
shall carry out all environmental compliance required by 
Federal law in implementing the Agreement. 
(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 trib-
al 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). 
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(c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.— 
The tribal water rights shall not be subject to loss by aban-
donment, forfeiture, or nonuse. 
SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT. 
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION 
PROJECT.—Nothing in this Act shall affect the status of the 
Duck Valley Indian Irrigation Project under Federal law. 
(b) CAPITAL COSTS NONREIMBURSABLE.—The capital 
costs associated with the Duck Valley Indian Irrigation 
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 non-
reimbursable. 
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 Devel-
opment Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Development Fund to rehabilitate 
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and, if the Tribes choose, to expand the Duck Valley 
Indian Irrigation Project, or for any of the following 
purposes: 
(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 devel-
opment. 
(F) To pay the costs of— 
(i) designing and constructing water 
supply and sewer systems for tribal commu-
nities, including a water quality testing 
laboratory; 
(ii) other appropriate water-related 
projects and other related economic develop-
ment projects; 
(iii) the development of a water code; 
and 
(iv) other costs of implementing the 
Agreement. 
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(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 
for 
deposit 
in 
the 
Development 
Fund 
$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 Main-
tenance 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 testing lab-
oratory. 
(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 Manage-
ment 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 ap-
proval by the Secretary of a tribal management 
plan as described in the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(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 accordance with 
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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, nei-
ther the Secretary nor the Secretary of the Treas-
ury shall retain any liability for the expenditure 
or investment of the amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribes shall submit 
to the Secretary for approval an expenditure 
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 pur-
poses for which, amounts of the Tribes remaining 
in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
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shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this Act and the Agreement. 
(D) ANNUAL REPORT.—For each Fund, the 
Tribes shall submit to the Secretary an annual 
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 request 
from the Tribes, the Secretary shall include an 
amount from funds made available under this section 
in the funding agreement of the Tribes under title IV 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 458aa et seq.), for use in ac-
cordance with subsections (b)(2) and (c)(2). No 
amount made available under this Act may be re-
quested until the waivers under section 9(a) take ef-
fect. 
(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 Tribes 
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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 trustee 
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 
the East Fork of the Owyhee River, and claims for 
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fishing rights under any Executive order to the extent 
that an injury to such a right resulted from a reduc-
tion in the quantity of water available in the East 
Fork Owyhee River; that accrued on or before the ef-
fective 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 Agreement, 
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 sec-
tion 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 further 
appeal can be taken; and 
(4) the amounts authorized under subsections 
(b)(3) and (c)(3) of section 8 have been appropriated. 
(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 ef-
fect; 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 au-
thorized to be appropriated under subsections (b)(3) 
and (c)(3) of section 8 are appropriated. 
(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 Agree-
ment 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 
(2) permanently held in trust by the United 
States for the sole use and benefit of the Tribes. 
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Union Calendar No. 529 
110TH CONGRESS 
2D SESSION 
H. R. 5293 
[Report No. 110–815] 
A BILL 
To approve the settlement of the water rights 
claims of the Shoshone-Paiute Tribes of the 
Duck Valley Reservation in Nevada, to require 
the Secretary of the Interior to carry out the set-
tlement, and for other purposes. 
JULY 31, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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