I 
111TH CONGRESS 
1ST SESSION H. R. 3563 
To authorize the Crow Tribe of Indians water rights settlement, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2009 
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To authorize the Crow Tribe of Indians water rights 
settlement, and for other purposes. 
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 ‘‘Crow Tribe Water 
Rights Settlement Act of 2009’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights in the State of Mon-
tana for— 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(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-Montana Water Rights Compact entered into 
by the Tribe and the State 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 
Act; and 
(4) to authorize the appropriation of funds nec-
essary for the implementation of the Compact and 
this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(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. 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(2) CEDED
STRIP.—The term ‘‘ceded strip’’ 
means the area identified on the map attached as 
appendix 5 to the Compact. 
(3) CIP 
OM&R.—The term ‘‘CIP OM&R’’ 
means— 
(A) any recurring or ongoing activity asso-
ciated 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 contained in section 85–20–901 of the Mon-
tana Code Annotated (2009) (including any exhibit 
or part of or amendment to the Compact). 
(5) CROW IRRIGATION PROJECT.— 
(A) IN GENERAL.—The term ‘‘Crow Irri-
gation 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 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(iii) consisting of the project units 
of— 
(I) Agency; 
(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 Irriga-
tion 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) CROW
SETTLEMENT
FUND.—The term 
‘‘Crow Settlement Fund’’ means the fund estab-
lished by section 11(a). 
(7) 
ECONOMIC
DEVELOPMENT.—The 
term 
‘‘Economic Development’’ means any activity the 
Tribe determines to further the economic develop-
ment of the Tribe. 
(8) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
retary publishes in the Federal Register the state-
ment of findings described in section 10(e). 
(9) FINAL.—The term ‘‘final’’ with reference to 
approval 
of 
the 
decree 
described 
in 
section 
10(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 Annotated (2009), 
including the expiration of time for filing of any 
such appeal; or 
(B) completion of any appeal to the appro-
priate United States Court of Appeals, includ-
ing 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 the United States Supreme Court’s 
mandate, whichever occurs last. 
(10) 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). 
(11) JOINT STIPULATION OF SETTLEMENT.— 
The term ‘‘joint stipulation of settlement’’ means 
the joint stipulation of settlement relating to the 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
civil action styled Crow Tribe of Indians v. Norton, 
No. 02–284 (D.D.C. 2006). 
(12) MR&I SYSTEM.— 
(A) IN GENERAL.—The term ‘‘MR&I Sys-
tem’’ means the municipal, rural, and industrial 
water system of the Reservation, generally de-
scribed in the document entitled ‘‘Crow Indian 
Reservation Municipal, Rural and Industrial 
Water System Engineering Report’’ prepared 
by HKM Engineering, Inc., and dated July 
2008. 
(B) INCLUSIONS.—The term ‘‘MR&I Sys-
tem’’ includes— 
(i) the raw water intake, water treat-
ment plant, pipelines, storage tanks, pump-
ing stations, pressure-reducing valves, elec-
trical transmission facilities, and other 
items (including real property and ease-
ments necessary to deliver potable water to 
the Reservation) appurtenant to the sys-
tem described in subparagraph (A); and 
(ii) in descending order of construc-
tion priority— 
(I) the Bighorn River Valley Sub-
system; and 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(II) the Little Bighorn River Val-
ley Subsystem. 
(13) MR&I SYSTEM OM&R.—The term ‘‘MR&I 
System OM&R’’ means— 
(A) any recurring or ongoing activity asso-
ciated 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 features of the MR&I System. 
(14) RESERVATION.—The term ‘‘Reservation’’ 
means the area identified on the map attached as 
appendix 4 to the Compact. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(16) STATE.—The term ‘‘State’’ means the 
State of Montana. 
(17) 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; 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(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 department. 
(18) TRIBAL WATER CODE.—The term ‘‘tribal 
water code’’ means a water code adopted by the 
Tribe in accordance with section 7(f). 
(19) 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 8. 
(20) 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 mem-
bers in their capacities as allottees). 
(21) YELLOWTAIL
DAM
OM&R.—The term 
‘‘Yellowtail Dam OM&R’’ means the charges levied 
by the Bureau of Reclamation for operation, mainte-
nance, and repair costs in association with storage 
contracts for water stored in Bighorn Lake. 
VerDate Nov 24 2008 
01:52 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(22) WATER
DEVELOPMENT
PROJECT.—The 
term ‘‘Water Development Project’’ means any fu-
ture potable water system developed by the Tribe to 
serve the other portions of the Reservation, or such 
water development projects as the Tribe determines 
to be appropriate to fulfill the water needs of its 
members. 
SEC. 4. RATIFICATION OF COMPACT. 
(a) IN GENERAL.—Except as modified by this Act, 
and to the extent the Compact does not conflict with this 
Act, the Compact is authorized, ratified, and confirmed. 
To the extent amendments are executed to make the Com-
pact consistent with this Act, such amendments are also 
authorized, ratified, and confirmed. 
(b) EXECUTION OF COMPACT.—To the extent that 
the Compact does not conflict with this Act, the Secretary 
is directed to and shall promptly execute the Compact, in-
cluding all exhibits to or parts of the Compact requiring 
the signature of the Secretary. Nothing herein precludes 
the Secretary from approving modifications to appendices 
or exhibits to the Compact not inconsistent with this Act, 
to the extent such modifications do not otherwise require 
Congressional approval pursuant to the Trade and Inter-
course Act, 25 U.S.C. 177, or pursuant to other Federal 
statute. 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(c) NATIONAL ENVIRONMENTAL POLICY ACT
OF 
1969.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Compact, the Secretary 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 envi-
ronmental Acts and regulations. 
(2) EXECUTION OF THE COMPACT.—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.). The Secretary is directed to 
carry out all Federal compliance necessary to imple-
ment the Compact. 
SEC. 5. REHABILITATION AND IMPROVEMENT OF THE 
CROW IRRIGATION PROJECT. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall carry out such activi-
ties 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. 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(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.—The scope of the rehabilitation and im-
provement under this section shall be as described in the 
document entitled ‘‘Engineering Evaluation of Existing 
Conditions, Crow Agency Rehabilitation Study’’ prepared 
by HKM Engineering, Inc., and dated July 2008. 
(d) COSTS.—Costs incurred by the Secretary in car-
rying out an agreement under subsection (a) that are allo-
cated to the users of the tribal water rights shall be nonre-
imbursable. 
(e) FUNDING.—The Secretary’s obligation pursuant 
to this section shall not exceed $160,653,000, except that 
the total amount of $160,653,000 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 rehabilitation 
and improvement. 
(f) AGREEMENT.—At the request of the Tribe, in ac-
cordance with applicable Federal law, the Secretary shall 
enter into an agreement with the Tribe to implement the 
provisions of this section by which the Tribe shall plan, 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
design, and construct any or all of the rehabilitation and 
improvement required by this section. 
SEC. 6. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall carry out such activi-
ties as are necessary to design and construct the water 
diversion and delivery features of the MR&I System, 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 design and construct the water diversion and delivery 
features of the MR&I System. 
(c) SCOPE.—The scope of the design and construc-
tion under this section shall be as described in the docu-
ment entitled ‘‘Crow Indian Reservation Municipal, Rural 
and Industrial Water System Engineering Report’’ pre-
pared by HKM Engineering, Inc., and dated July 2008. 
(d) COSTS TO TRIBE.—Costs incurred by the Sec-
retary in carrying out an agreement under subsection (a) 
that are allocated to the Tribe shall be nonreimbursable. 
(e) FUNDING.—The Secretary’s obligation pursuant 
to this section shall not exceed $200,840,000, except that 
the total amount of $200,840,000 shall be increased or 
decreased, as appropriate, based on ordinary fluctuations 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
from May 1, 2008, in construction cost indices applicable 
to the types of construction involved in the design and con-
struction. 
(f) AGREEMENT.—At the request of the Tribe, in ac-
cordance with applicable Federal law, the Secretary shall 
enter into an agreement with the Tribe to implement the 
provisions of this section by which the Tribe shall plan, 
design, and construct any or all of the design and con-
struction required by this section. 
(g) CONVEYANCE OF TITLE TO MR&I SYSTEM FA-
CILITIES.— 
(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) (including any appropriate interests in land) to 
the Tribe after completion of construction of a 
MR&I System facility or a section of a MR&I Sys-
tem facility that is operating and delivering water. 
(2) EFFECT OF CONVEYANCE.—The conveyance 
of title to each MR&I System facility shall not affect 
the application of the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) relating to the use 
of the water associated with the MR&I System. 
(3) LIABILITY.— 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS
(A) IN GENERAL.—Effective on the date of 
the conveyance 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 sec-
tion increases the liability of the United States 
beyond the liability provided in chapter 171 of 
title 28, United States Code (commonly known 
as the ‘‘Federal Tort Claims Act’’). 
(4) 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 Committee 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 MR&I 
System facility. 
(5) OBLIGATION
OF
THE
FEDERAL
GOVERN-
MENT AFTER COMPLETION.—After construction of 
VerDate Nov 24 2008 
00:24 Sep 16, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
jbell on DSKDVH8Z91PROD with BILLS