In the Senate of the United States, 
November 19, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4783) entitled ‘‘An Act to accelerate the income 
tax benefits for charitable cash contributions for the relief of 
victims of the earthquake in Chile, and to extend the period 
from which such contributions for the relief of victims of the 
earthquake in Haiti may be accelerated.’’, do pass with the 
following 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Claims Resolution 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.
† HR 4783 EAS 
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. 
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.
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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.
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TITLE 
I—INDIVIDUAL 
INDIAN 
MONEY ACCOUNT LITIGATION 
SETTLEMENT 
SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGA-
TION SETTLEMENT. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT
ON
ATTORNEYS’ FEES, EX-
PENSES, AND COSTS.—The term ‘‘Agreement on At-
torneys’ Fees, Expenses, and Costs’’ means the 
agreement dated December 7, 2009, between Class 
Counsel (as defined in the Settlement) and the De-
fendants (as defined in the Settlement) relating to 
attorneys’ fees, expenses, and costs incurred by 
Class Counsel in connection 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 Com-
plaint attached to the Settlement. 
(3) FINAL
APPROVAL.—The term ‘‘final ap-
proval’’ has the meaning given the term in the Set-
tlement. 
(4) LAND
CONSOLIDATION
PROGRAM.—The 
term ‘‘Land Consolidation Program’’ means a pro-
gram conducted in accordance with the Settlement,
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(b) PURPOSE.—The purpose of this section is to au-
thorize the Settlement. 
(c) AUTHORIZATION.— 
(1) IN GENERAL.—The Settlement is author-
ized, 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 limita-
tion 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 District 
Court for the District of Columbia shall have juris-
diction of the claims asserted in the Amended Com-
plaint for purposes of the Settlement. 
(2) CERTIFICATION OF TRUST ADMINISTRATION 
CLASS.— 
(A) IN
GENERAL.—Notwithstanding the 
requirements of the Federal Rules of Civil Pro-
cedure, the court in the Litigation may certify 
the Trust Administration Class. 
(B) TREATMENT.—On certification under 
subparagraph (A), the Trust Administration
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Class shall be treated as a class certified under 
rule 23(b)(3) of the Federal Rules of Civil Pro-
cedure for purposes of the Settlement. 
(e) TRUST LAND CONSOLIDATION.— 
(1) TRUST LAND CONSOLIDATION FUND.— 
(A) ESTABLISHMENT.—On final approval 
of the Settlement, 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 Settlement, 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
† HR 4783 EAS 
judgments, awards, and compromise settle-
ments under section 1304 of title 31, 
United States Code. 
(ii) CONDITIONS
MET.—The condi-
tions 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 Consoli-
dation Program, the Secretary 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 jurisdictions 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 Settlement, there shall be established in 
the Treasury of the United States a fund, to be
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known as the ‘‘Indian Education Scholarship 
Holding Fund’’. 
(B) AVAILABILITY.—Notwithstanding any 
other provision 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 Sec-
retary to contribute to an Indian Education 
Scholarship Fund, as described in the Settle-
ment, to provide scholarships for Native Ameri-
cans. 
(4) ACQUISITION
OF
TRUST
OR
RESTRICTED 
LAND.—The Secretary may acquire, at the discre-
tion of the Secretary and in accordance with the 
Land Consolidation Program, any fractional interest 
in trust or restricted land. 
(5) TREATMENT
OF
UNLOCATABLE
PLAIN-
TIFFS.—A Plaintiff, the whereabouts of whom are 
unknown and who, after reasonable efforts by the 
Secretary, cannot be located during the 5-year pe-
riod beginning on the date of final approval of the 
Settlement, shall be considered to have accepted an 
offer made pursuant to the Land Consolidation Pro-
gram.
† HR 4783 EAS 
(f) TAXATION AND OTHER BENEFITS.— 
(1) INTERNAL REVENUE CODE.—For purposes 
of the Internal Revenue Code of 1986, amounts re-
ceived 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 Rev-
enue Code that takes into account excludable 
income in computing adjusted gross income or 
modified adjusted gross income, including sec-
tion 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 bene-
fits 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 re-
ceipt— 
(A) as income for the month during which 
the amounts were received; or
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(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 Plaintiffs in the Litigation may 
be entitled for incentive awards and for attorneys’ 
fees, expenses, and costs— 
(A) in accordance with controlling law, in-
cluding, with respect to attorneys’ fees, ex-
penses, and costs, any applicable rule of law re-
quiring counsel to produce contemporaneous 
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 Set-
tlement) as beneficiaries 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 attor-
neys’ fees, expenses, and costs required under para-
graph C.1.d. of the Settlement shall include a de-
† HR 4783 EAS 
scription of all material provisions of the Agreement 
on Attorneys’ Fees, Expenses, and Costs. 
(3) EFFECT ON AGREEMENT.—Nothing in this 
subsection limits or otherwise affects the enforce-
ability of the Agreement on Attorneys’ Fees, Ex-
penses, and Costs. 
(h) SELECTION OF QUALIFYING BANK.—The United 
States District Court for the District of Columbia, in exer-
cising the discretion of the Court to approve the selection 
of any proposed Qualifying Bank (as defined in the Settle-
ment) under paragraph A.1. of the Settlement, may con-
sider any factors or circumstances regarding the proposed 
Qualifying Bank that the Court determines to be appro-
priate to protect the rights and interests of Class Members 
(as defined in the Settlement) in the amounts to be depos-
ited in the Settlement Account (as defined in the Settle-
ment). 
(i) APPOINTEES
TO SPECIAL BOARD
OF TRUST-
EES.—The 2 members 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
ADJUST-
MENTS.—
† HR 4783 EAS 
(1) FUNDS.— 
(A) IN
GENERAL.—In addition to the 
amounts deposited pursuant to paragraph E.2. 
of the Settlement, on final approval, the Sec-
retary of the Treasury shall deposit in the 
Trust Administration Adjustment Fund of the 
Settlement Account (as defined in the Settle-
ment) $100,000,000 out of the amounts appro-
priated 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 de-
fined in the Settlement and pursuant to para-
graph E.1.e of the Settlement) in accordance 
with this subsection. 
(B) CONDITIONS MET.—The conditions de-
scribed in section 1304 of title 31, United 
States Code, shall be deemed to be met for pur-
poses of subparagraph (A). 
(2) ADJUSTMENT.— 
(A) IN GENERAL.—After the calculation of 
the pro rata share in Section E.4.b of the Set-
tlement, the Trust Administration Adjustment 
Fund shall be used to increase the minimum
† HR 4783 EAS 
payment to each Trust Administration Class 
Member whose pro rata share is— 
(i) zero; or 
(ii) greater than zero, but who would, 
after adjustment under this subparagraph, 
otherwise receive a smaller Stage 2 pay-
ment than those Trust Administration 
Class Members described in clause (i). 
(B) RESULT.—The amounts in the Trust 
Administration Adjustment Fund shall be ap-
plied in such a manner as to ensure, to the ex-
tent practicable (as determined by the court in 
the Litigation), that each Trust Administration 
Class Member receiving amounts from the 
Trust Administration Adjustment Fund receives 
the same total payment under Stage 2 of the 
Settlement after making the adjustments re-
quired by this subsection. 
(3) TIMING OF PAYMENTS.—The payments au-
thorized by this subsection shall be included with the 
Stage 2 payments under paragraph E.4. of the Set-
tlement. 
(k) EFFECT
OF ADJUSTMENT PROVISIONS.—Not-
withstanding any provision of this section, in the event
† HR 4783 EAS 
that a court determines that the application of subsection 
(j) is unfair to the Trust Administration Class— 
(1) subsection (j) shall not go into effect; and 
(2) on final approval of the Settlement, in addi-
tion to the amounts deposited into the Trust Land 
Consolidation Fund 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 settle-
ments under section 1304 of title 31, United States 
Code (the conditions of which section shall be 
deemed to be met for purposes of this paragraph) to 
be used by the Secretary in accordance with sub-
section (e). 
TITLE 
II—FINAL 
SETTLEMENT 
OF 
CLAIMS 
FROM 
IN 
RE 
BLACK FARMERS DISCRIMI-
NATION LITIGATION 
SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLE-
MENT OF CLAIMS FROM IN RE BLACK FARM-
ERS DISCRIMINATION LITIGATION. 
(a) DEFINITIONS.—In this section: 
(1) 
SETTLEMENT
AGREEMENT.—The 
term 
‘‘Settlement Agreement’’ means the settlement 
agreement dated February 18, 2010 (including any
† HR 4783 EAS 
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 Dis-
crimination Litigation, Misc. No. 08–mc–0511 
(PLF), including Pigford claims asserted under sec-
tion 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 appro-
priated 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 avail-
able by section 14012(i) of the Food, Conservation, and
† HR 4783 EAS 
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 Com-
modity Credit Corporation made available by section 
14012(i) of the Food, Conservation, and Energy Act of 
2008 shall be the sole funding available for Pigford claims. 
(c) USE OF FUNDS.—The use of the funds appro-
priated 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 the unused funds avail-
able for any purpose related to section 14012 of the Food, 
Conservation, and Energy Act of 2008, for any other set-
tlement agreement executed in In re Black Farmers Dis-
crimination Litigation, No. 08–511 (D.D.C.), or for any 
other purpose. 
(e) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as requiring the United States, any 
of its officers or agencies, or any other party to enter into 
the Settlement Agreement or any other settlement agree-
† HR 4783 EAS 
ment. Nothing in this section shall be construed as cre-
ating 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 in-
serting ‘‘subsection (g)’’; and 
(B) by striking ‘‘subsection (i)’’ and insert-
ing ‘‘subsection (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 in-
serting ‘‘subsection (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.
† HR 4783 EAS 
(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 modifications 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 de-
fined 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 Settle-
ment Agreement shall be approved by the 
Secretary of the United States Department
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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
EVI-
DENCE.—Any Neutral Adjudicator may, during the 
course of hearing claims, require claimants to pro-
vide additional documentation and evidence if, in the 
Neutral Adjudicator’s judgment, the additional docu-
mentation and evidence would be necessary or help-
ful in deciding the merits of the claim, or if the ad-
judicator suspects fraud regarding the claim. 
(4) 
ATTORNEYS
FEES, 
EXPENSES, 
AND 
COSTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and the provisions of the Settlement 
Agreement regarding attorneys’ fee caps and 
maximum and minimum percentages for awards 
of attorneys fees, the court shall make any de-
termination as to the amount of attorneys’ fees, 
expenses, and costs in accordance with control-
ling law, including, with respect to attorneys’ 
fees, expenses, and costs, any applicable rule of 
law requiring counsel to produce contempora-
† HR 4783 EAS 
neous time, expenses, and cost records in sup-
port of a motion for such fees, expenses, and 
costs. 
(B) EFFECT ON AGREEMENT.—Nothing in 
this paragraph limits or otherwise affects the 
enforceability of provisions 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 
contentions have evidentiary support’’. 
(6) DISTRIBUTION
OF
CLAIMS
DETERMINA-
TIONS AND SETTLEMENT FUNDS.—In order to en-
sure full transparency of the administration of 
claims under the Settlement Agreement, the Claims 
Administrator as that term is defined in the Settle-
ment Agreement, shall provide to the Secretary of 
Agriculture, the Inspector General of the Depart-
ment of Agriculture, the Attorney General, and Lead 
Class Counsel as that term is defined in the Settle-
ment Agreement, all information regarding Distribu-
† HR 4783 EAS 
tion of Claims Determinations and Settlement 
Funds described in the Settlement Agreement. 
(h) REPORTS.— 
(1) GOVERNMENT ACCOUNTABILITY OFFICE.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall evaluate the in-
ternal controls (including internal controls con-
cerning fraud and abuse) created to carry out 
the terms of the Settlement Agreement, and re-
port to the Congress at least 2 times through-
out 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 re-
lated officials, appointed in connection with the 
aforementioned settlement, and to any informa-
tion and records generated, 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
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claims, and subsequently as appropriate, per-
form a performance audit based on a statistical 
sampling of adjudicated claims. 
(B) AUDIT RECIPIENTS.—The audits de-
scribed in clause (i) shall be provided to Sec-
retary of Agriculture and the Attorney General. 
TITLE 
III—WHITE 
MOUNTAIN 
APACHE 
TRIBE 
WATER 
RIGHTS QUANTIFICATION 
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 Agree-
ment; 
(2) to authorize and direct the Secretary to exe-
cute the Agreement and take any other action nec-
essary to carry out all obligations of the Secretary 
under the Agreement in accordance 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—
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(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 deter-
mine 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 Maricopa 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 Su-
perior Court of the State of Arizona for 
the County of Apache styled In re the Gen-
eral 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:
† HR 4783 EAS 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means— 
(A) the WMAT Water Rights Quantifica-
tion 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 Sec-
retary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) CAP.—The term ‘‘CAP’’ means the rec-
lamation project authorized and constructed by the 
United States in accordance with title III of the Col-
orado River Basin Project Act (43 U.S.C. 1521 et 
seq.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’ means an individual or entity that has en-
tered into a long-term contract (as that term is used 
in the repayment stipulation) with the United States 
for delivery of water through the CAP system.
† HR 4783 EAS 
(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 priority 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 stipulation) 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 subpara-
graphs (A) through (D); and 
(F) any extension of, addition to, or re-
placement for a feature described in any of sub-
paragraphs (A) through (E).
† HR 4783 EAS 
(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 con-
tractor under the repayment contract. 
(12) ENFORCEABILITY DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 309(d)(1). 
(13) 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). 
(14) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means an interference with, dimi-
† HR 4783 EAS 
nution 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 DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished by section 403 of the Colorado River Basin 
Project Act (43 U.S.C. 1543). 
(16) OFF-RESERVATION
TRUST
LAND.—The 
term ‘‘off-reservation trust land’’ means land— 
(A) located outside the exterior boundaries 
of the reservation 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 ‘‘Oper-
ating Agency’’ means the 1 or more entities author-
† HR 4783 EAS 
ized to assume responsibility for the care, operation, 
maintenance, and replacement of the CAP system. 
(18) REPAYMENT CONTRACT.—The term ‘‘re-
payment contract’’ means— 
(A) the contract between the United States 
and the District for delivery of water and re-
payment 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 judg-
ment and the stipulation for judgment (including 
any exhibits to those documents) entered on Novem-
ber 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 estab-
† HR 4783 EAS 
lished by the Executive order dated November 
9, 1871, as modified by subsequent Executive 
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 at-
tached to the Agreement as exhibit 2.81. 
(B) NO EFFECT ON DISPUTE OR AS ADMIS-
SION.—The depiction of the reservation de-
scribed in subparagraph (A)(ii) shall not— 
(i) be used to affect any dispute be-
tween the Tribe and the United States 
concerning the legal boundary of the res-
ervation; or 
(ii) constitute an admission by the 
Tribe with regard to any dispute between 
the Tribe and the United States con-
cerning the legal boundary of the reserva-
tion. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(22) STATE.—The term ‘‘State’’ means the 
State of Arizona.
† HR 4783 EAS 
(23) TRIBAL
CAP
WATER.—The term ‘‘tribal 
CAP water’’ means the CAP water to which the 
Tribe is entitled pursuant to the Contract. 
(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 sec-
tion 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 mu-
nicipal, rural, and industrial water diversion, stor-
age, and delivery system described in section 307. 
(28) YEAR.—The term ‘‘year’’ means a cal-
endar year. 
SEC. 304. APPROVAL OF AGREEMENT. 
(a) APPROVAL.— 
(1) IN GENERAL.—Except to the extent that 
any provision of the Agreement conflicts with a pro-
† HR 4783 EAS 
vision of this title, the Agreement is authorized, rati-
fied, 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 Sec-
retary shall promptly— 
(A) execute the Agreement, including all 
exhibits to the Agreement requiring the signa-
ture of the Secretary; and 
(B) in accordance with the Agreement, 
execute any amendment to the Agreement, in-
cluding any amendment to any exhibit to the 
Agreement requiring the signature of the Sec-
retary, 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 Sec-
retary, that is not inconsistent with this title if the 
amendment does not require congressional approval
† HR 4783 EAS 
pursuant to the Trade and Intercourse Act (25 
U.S.C. 177) or other applicable Federal law (includ-
ing regulations). 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL COMPLIANCE.—In imple-
menting the Agreement and carrying out this title, 
the Secretary shall promptly comply with all applica-
ble 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 environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION OF AGREEMENT.— 
(A) IN GENERAL.—Execution of the Agree-
ment 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 environ-
† HR 4783 EAS 
mental compliance activities required by Fed-
eral law in implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as 
the lead agency with respect to ensuring environ-
mental compliance associated 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 aban-
donment. 
(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 agri-
cultural delivery priority (as defined in the Con-
tract) 
in 
accordance 
with 
section 
104(a)(1)(A)(iii) of the Arizona Water Settle-
† HR 4783 EAS 
ments 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 begin-
ning 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 permanent relinquishment of the 
Harquahala Valley Irrigation District CAP 
subcontract entitlement in accordance with 
the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Ir-
† HR 4783 EAS 
rigation District, and the United States; 
and 
(ii) converted to CAP Indian Priority 
water (as defined in the Contract) pursu-
ant to the Fort McDowell Indian Commu-
nity Water Rights Settlement Act of 1990 
(Public Law 101–628; 104 Stat. 4480). 
(2) AUTHORITY OF TRIBE.—Subject to approval 
by the Secretary under section 306(a)(1), the Tribe 
shall have the sole authority to lease, distribute, ex-
change, or allocate the tribal CAP water described 
in paragraph (1). 
(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 pur-
pose of determining 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 de-
scribed in subsection (b), regardless of whether the water 
is delivered for use by the Tribe or in accordance 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
† HR 4783 EAS 
(2) excluded from the repayment obligation of 
the District. 
(e) WATER CODE.—Not later than 18 months after 
the enforceability 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, in-
cluding objectives, 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 irri-
gated 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.
† HR 4783 EAS 
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 ex-
change shall be for the term provided in 
the contract or option; and 
(iii) a lease or option to lease pro-
viding 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 en-
ergy charges (as defined in the repayment 
stipulation) associated with the leased 
water; and
† HR 4783 EAS 
(B) renegotiate any lease at any time dur-
ing the term of the lease, subject to the condi-
tion 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 con-
sideration 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 significantly reduced or anticipated to be signifi-
cantly 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 al-
† HR 4783 EAS 
lowed 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 sec-
tion 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 Devel-
opment 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 ex-
change 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, regard-
less 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—