H. R. 146—414 
(3) all claims of any damage, loss, or injury or for injunctive 
or other relief because of the condition of or changes in water 
quality related to, or arising out of, the exercise of water 
rights; and 
(4) all claims against the State of New Mexico, its agencies, 
or employees relating to the negotiation or the adoption of 
the Agreement. 
(b) CLAIMS BY THE NATION AGAINST THE UNITED STATES.— 
The Nation, on behalf of itself and its members (other than in 
the capacity of the members as allottees), shall execute a waiver 
and release of— 
(1) all claims against the United States, its agencies, or 
employees relating to claims for water rights in or waters 
of the San Juan River Basin in the State of New Mexico 
that the United States, acting in its capacity as trustee for 
the Nation, asserted, or could have asserted, in any proceeding, 
including but not limited to the stream adjudication; 
(2) all claims against the United States, its agencies, or 
employees relating to damages, losses, or injuries to water, 
water rights, land, or natural resources due to loss of water 
or water rights (including but not limited to damages, losses, 
or injuries to hunting, fishing, gathering, or cultural rights 
due to loss of water or water rights; claims relating to inference 
with, diversion, or taking of water or water rights; or claims 
relating to failure to protect, acquire, replace, or develop water 
or water rights) in the San Juan River Basin in the State 
of New Mexico that first accrued at any time up to and including 
the effective date described in subsection (e); 
(3) all claims against the United States, its agencies, or 
employees relating to the pending litigation of claims relating 
to the Nation’s water rights in the stream adjudication; and 
(4) all claims against the United States, its agencies, or 
employees relating to the negotiation, execution, or the adoption 
of the Agreement, the decrees, the Contract, or this subtitle. 
(c) RESERVATION OF CLAIMS.—Notwithstanding the waivers and 
releases authorized in this subtitle, the Nation on behalf of itself 
and its members (including members in the capacity of the members 
as allottees) and the United States acting in its capacity as trustee 
for the Nation and allottees, retain— 
(1) all claims for water rights or injuries to water rights 
arising out of activities occurring outside the San Juan River 
Basin in the State of New Mexico, subject to paragraphs 8.0, 
9.3, 9.12, 9.13, and 13.9 of the Agreement; 
(2) all claims for enforcement of the Agreement, the Con-
tract, the Partial Final Decree, the Supplemental Partial Final 
Decree, or this subtitle, through any legal and equitable rem-
edies available in any court of competent jurisdiction; 
(3) all rights to use and protect water rights acquired 
pursuant to State law after the date of enactment of this 
Act; 
(4) all claims relating to activities affecting the quality 
of water not related to the exercise of water rights, including 
but not limited to any claims the Nation might have under— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.);
H. R. 146—415 
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.); and 
(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
(5) all claims relating to damages, losses, or injuries to 
land or natural resources not due to loss of water or water 
rights; and 
(6) all rights, remedies, privileges, immunities, and powers 
not specifically waived and released under the terms of the 
Agreement or this subtitle. 
(d) 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 earlier of— 
(A) March 1, 2025; or 
(B) the effective date described in subsection (e). 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(3) LIMITATION.—Nothing in this section precludes the 
tolling of any period of limitations or any time-based equitable 
defense under any other applicable law. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The waivers and releases described in 
subsections (a) and (b) shall be effective on the date on which 
the Secretary publishes in the Federal Register a statement 
of findings documenting that each of the deadlines described 
in section 10701(e)(1) have been met. 
(2) DEADLINE.—If the deadlines described in section 
10701(e)(1)(A) have not been met by the later of March 1, 
2025, 
or 
the 
date 
of 
any 
extension 
under 
section 
10701(e)(1)(B)— 
(A) the waivers and releases described in subsections 
(a) and (b) shall be of no effect; and 
(B) section 10701(e)(2)(B) shall apply. 
SEC. 10704. WATER RIGHTS HELD IN TRUST. 
A tribal water right adjudicated and described in paragraph 
3.0 of the Partial Final Decree and in paragraph 3.0 of the Supple-
mental Partial Final Decree shall be held in trust by the United 
States on behalf of the Nation. 
Subtitle C—Shoshone-Paiute Tribes of the 
Duck Valley Reservation Water Rights 
Settlement 
SEC. 10801. FINDINGS. 
Congress finds that— 
(1) it is the policy of the United States, in accordance 
with the trust responsibility of the United States to Indian 
tribes, to promote Indian self-determination and economic self- 
sufficiency and to settle Indian water rights claims without 
lengthy and costly litigation, if practicable;
H. R. 146—416 
(2) quantifying rights to water and development of facilities 
needed to use tribal water supplies is essential to the develop-
ment of viable Indian reservation economies and the establish-
ment of a permanent reservation homeland; 
(3) uncertainty concerning the extent of the Shoshone- 
Paiute Tribes’ water rights has resulted in limited access to 
water and inadequate financial resources necessary to achieve 
self-determination and self-sufficiency; 
(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 Adjudica-
tion 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, proceedings 
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 Nevada 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; 
(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. 10802. PURPOSES. 
The purposes of this subtitle 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 settlement 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 Agree-
ment among the parties to the litigation; 
(4) to resolve the Tribes’ water-related claims for damages 
against the United States; 
(5) to require the Secretary to perform all obligations of 
the Secretary under the Agreement and this subtitle; and
H. R. 146—417 
(6) to authorize the actions and appropriations necessary 
to meet the obligations of the United States under the Agree-
ment and this subtitle. 
SEC. 10803. DEFINITIONS. 
In this subtitle: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment entitled the ‘‘Agreement to Establish the Relative Water 
Rights of the Shoshone-Paiute Tribes of the Duck Valley Res-
ervation and the Upstream Water Users, East Fork Owyhee 
River’’ and signed in counterpart between, on, or about Sep-
tember 22, 2006, and January 15, 2007 (including all attach-
ments to that Agreement). 
(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ 
means the Shoshone-Paiute Tribes Water Rights Development 
Fund established by section 10807(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The term ‘‘East 
Fork of the Owyhee River’’ means the portion of the east 
fork of the Owyhee River that is located in the State. 
(4) MAINTENANCE FUND.—The term ‘‘Maintenance Fund’’ 
means the Shoshone-Paiute Tribes Operation and Maintenance 
Fund established by section 10807(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 
Shoshones 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 groundwater, storage water, and surface 
water. 
(9) TRIBES.—The term ‘‘Tribes’’ means the Shoshone-Paiute 
Tribes of the Duck Valley Reservation. 
(10) UPSTREAM WATER USER.—The term ‘‘upstream water 
user’’ means a non-Federal water user that— 
(A) is located upstream from the Reservation 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 adjudication. 
SEC. 10804. 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 subtitle, the Agreement is approved, ratified, 
and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary is authorized 
and directed to execute the Agreement as approved by Congress. 
(c) EXCEPTION
FOR
TRIBAL
WATER
MARKETING.—Notwith-
standing any language in the Agreement to the contrary, nothing 
in this subtitle authorizes the Tribes to use or authorize others 
to use tribal water rights off the Reservation, other than use for 
storage at Wild Horse Reservoir for use on tribal land and for