(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. 
SEC. 7. TRIBAL WATER RIGHTS. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each allottee benefits that are equiva-
lent to or exceed the benefits allottees currently possess, 
taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Compact and this Act; 
(2) the availability of funding under this Act 
and from other sources; 
(3) the availability of water from the tribal 
water rights; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381) and this Act to 
protect the interests of allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 
(1) IN GENERAL.—The tribal water rights are 
ratified, confirmed, and declared to be valid. 
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(2) USE.—Use of the tribal water rights shall 
be subject to the terms and conditions established by 
the Compact. 
(c) HOLDING IN TRUST.—The tribal water rights 
shall be held in trust by the United States for the use 
and benefit of the Tribe, and the allottees in accordance 
with this section. 
(d) ALLOTTEES.—As specified in and provided for in 
this Act: 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), relating to the use 
of water for irrigation purposes shall apply to the 
tribal water rights. 
(2) ENTITLEMENT
TO
WATER.—Any entitle-
ment to water of an allottee under Federal law shall 
be satisfied from the tribal water rights. 
(3) ALLOCATIONS.—Allottees shall be entitled 
to a just and equitable allocation of water for irriga-
tion purposes. 
(4) SATISFACTION
OF
CLAIMS.—The water 
rights and other benefits granted by this Act shall 
be considered full satisfaction of any claim of an al-
lottee waived pursuant to section 10(a)(2). 
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(5) EXHAUSTION
OF
REMEDIES.—Before as-
serting any claim against the United States under 
section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), or any other applicable law, an allottee shall 
exhaust remedies available under the tribal water 
code or other applicable tribal law. 
(6) CLAIMS.—Following exhaustion of remedies 
available under the tribal water code or other appli-
cable tribal law, an allottee may seek relief under 
section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), or other applicable law. 
(7) AUTHORITY.—The Secretary shall have the 
authority to protect allottees’ rights as specified in 
this section. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Tribe shall have authority to allocate, 
distribute, and lease the tribal water rights— 
(A) in accordance with the Compact; and 
(B) subject to approval of the Secretary of 
the 
tribal 
water 
code 
under 
subsection 
(f)(3)(B). 
(2) LEASES BY ALLOTTEES.—Notwithstanding 
paragraph (1), an allottee may lease any interest in 
land held by the allottee, together with any water 
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right determined to be appurtenant to the interest in 
land. 
(f) TRIBAL WATER CODE.— 
(1) IN
GENERAL.—Notwithstanding the time 
period set forth in article (IV)(A)(2)(b) of the Com-
pact, not later than 1 year after the enforceability 
date, the Tribe shall enact a tribal water code, that 
provides for— 
(A) the management, regulation and gov-
ernance of all uses of the tribal water rights in 
accordance with the Compact; and 
(B) establishment by the Tribe of condi-
tions, permit requirements, and other limita-
tions relating to the storage, recovery, and use 
of the tribal water rights in accordance with the 
Compact. 
(2) INCLUSIONS.—Subject to the approval of 
the Secretary, the tribal water code shall provide 
that— 
(A) tribal allocations of water to allottees 
shall be satisfied with water from the tribal 
water rights; 
(B) charges for delivery of water for irriga-
tion purposes for allottees shall be assessed on 
a just and equitable basis; 
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(C) there is a process by which an allottee 
may request that the Tribe provide water for ir-
rigation use in accordance with this Act; 
(D) there is a due process system for the 
consideration and determination by the Tribe of 
any request by an allottee, or any successor in 
interest to an allottee, for an allocation of such 
water for irrigation purposes on allotted land, 
including a process for— 
(i) appeal and adjudication of any de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(E) there is a requirement that any allot-
tee with a claim relating to the enforcement of 
rights of the allottee under the tribal water 
code or relating to the amount of water allo-
cated to land of the allottee must first exhaust 
remedies available to the allottee under tribal 
law and the tribal water code before initiating 
an action against the United States or peti-
tioning the Secretary pursuant to subsection 
(d)(6). 
(3) ACTION BY SECRETARY.— 
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(A) IN GENERAL.—The Secretary shall ad-
minister the tribal water rights until the tribal 
water code is enacted in accordance with para-
graph (1) and those provisions requiring ap-
proval pursuant to paragraph (2). 
(B) APPROVAL.—The tribal water code 
shall not be valid unless— 
(i) the provisions of the tribal water 
code required by paragraph (2) are ap-
proved by the Secretary; and 
(ii) each amendment to the tribal 
water code that affects a right of an allot-
tee is approved by the Secretary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—Except as provided 
by clause (ii), if the Secretary does not ap-
prove or disapprove the tribal water code 
before the date that is 180 days after the 
date on which the tribal water code is sub-
mitted to the Secretary for approval, the 
tribal water code shall be considered to 
have been approved by the Secretary to the 
extent that it is not inconsistent with the 
Compact or this Act. 
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(ii) MUTUAL
EXTENSION
OF
AP-
PROVAL
PERIOD.—The tribal water code 
may not be considered to have been ap-
proved by the Secretary under clause (i) if 
the Secretary and the Tribe agree to ex-
tend the approval period. 
(g) EFFECT.—Except as otherwise specifically pro-
vided in this section, nothing in this Act— 
(1) authorizes any action by an allottee against 
any individual or entity, or against the Tribe, under 
Federal, State, tribal, or local law; or 
(2) alters or affects the status of any action 
pursuant to section 1491(a) of title 28, United 
States Code. 
SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE. 
(a) STORAGE ALLOCATION TO TRIBE.— 
(1) IN GENERAL.—As described in and subject 
to article III(A)(1)(b) of the Compact, the Secretary 
shall allocate to the Tribe 300,000 acre-feet per year 
of water stored in Bighorn Lake, Yellowtail Unit, 
Lower Bighorn Division, Pick Sloan Missouri Basin 
Program, Montana, under a water right held by the 
United States and managed by the Bureau of Rec-
lamation, as measured at the outlet works of 
Yellowtail Dam, including— 
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(A) not more than 150,000 acre-feet per 
year of the allocation, which may be used in ad-
dition to the natural flow right described in ar-
ticle III(A)(1)(a) of the Compact; and 
(B) 150,000 acre-feet per year of the allo-
cation, which may be used only as supplemental 
water for the natural flow right described in ar-
ticle III(A)(1)(a) of the Compact for use in 
times of natural flow shortage. 
(2) TREATMENT.— 
(A) IN
GENERAL.—The allocation under 
paragraph (1) shall be considered to be part of 
the tribal water rights. 
(B) PRIORITY DATE.—The priority date of 
the allocation under paragraph (1) shall be the 
priority date of the water right held by the Bu-
reau of Reclamation. 
(C) ADMINISTRATION.— 
(i) IN GENERAL.—The Tribe shall ad-
minister the water allocated under para-
graph (1) in accordance with the Compact. 
(ii) TEMPORARY
TRANSFER.—In ac-
cordance with subsection (c), the Tribe 
may temporarily transfer by service con-
tract, lease, exchange, or other agreement, 
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not more than 50,000 acre-feet of water 
allocated under paragraph (1)(A) off the 
Reservation, subject to the approval of the 
Secretary and the requirements of the 
Compact. 
(b) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving 
an allocation under this section, the Tribe shall 
enter into an allocation agreement with the Sec-
retary to establish the terms and conditions of the 
allocation, in accordance with the terms and condi-
tions of the Compact and this Act. 
(2) INCLUSIONS.—The allocation agreement 
under paragraph (1) shall include, among other 
things, a provision that— 
(A) it is without limit as to term; 
(B) the Tribe, and not the United States, 
shall be entitled to all consideration due to the 
Tribe under any lease, contract, or agreement 
the Tribe may enter into pursuant to the au-
thority in subsection (c); 
(C) the United States shall have no trust 
obligation or other obligation to monitor, ad-
minister, or account for— 
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(i) any funds received by the Tribe as 
consideration under any lease, contract, or 
agreement the Tribe may enter into pursu-
ant to the authority in subsection (c); or 
(ii) the expenditure of such funds; 
(D) if the facilities at Yellowtail Dam are 
significantly reduced or are anticipated to be 
significantly reduced for an extended period of 
time, the Tribe shall have the same storage 
rights as other storage contractors with respect 
to the allocation under this section; 
(E) the costs associated with the construc-
tion of the storage facilities at Yellowtail Dam 
allocable to the Tribe— 
(i) shall be nonreimbursable; and 
(ii) shall be excluded from any repay-
ment obligation of the Tribe; and 
(F) no water service capital charges shall 
be due or payable for any water allocated to the 
Tribe pursuant to this Act and the allocation 
agreement, regardless of whether that water is 
delivered for use by the Tribe or is delivered 
under any leases, contracts, or agreements the 
Tribe may enter into pursuant to the authority 
in subsection (c). 
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(c) TEMPORARY TRANSFER FOR USE OFF RESERVA-
TION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of statutory or common law, subject to 
paragraph (2), on approval of the Secretary and 
subject to the terms and conditions of the Compact, 
the Tribe may enter into a service contract, lease, 
exchange, or other agreement providing for the tem-
porary delivery, use, or transfer of not more than 
50,000 acre-feet per year of water allocated under 
subsection (a)(1)(A) for use off the Reservation. 
(2) REQUIREMENT.—An agreement under para-
graph (1) shall not permanently alienate any portion 
of the water allocated under subsection (a)(1)(A). 
(d) REMAINING STORAGE.— 
(1) IN GENERAL.—Upon the date of enactment 
of this Act, water in Bighorn Lake shall be consid-
ered to be fully allocated and no further storage allo-
cations shall be made by the Secretary. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection prevents the Secretary from renewing the 
storage contract with Pennsylvania Power and Light 
Company consistent with the allocation to Pennsyl-
vania Power and Light Company in existence on the 
date of enactment of this Act, or entering into fu-
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ture agreements with the Northern Cheyenne or 
Crow Tribes facilitating the Northern Cheyenne and 
Crow Tribes’ use of their allocations of water from 
Bighorn Lake. 
SEC. 9. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Tribe 
and the allottees under the Compact and this Act shall 
satisfy all claims of the Tribe and the allottees waived and 
released pursuant to section 10. 
(b) SATISFACTION OF CLAIMS RELATING TO CROW 
IRRIGATION PROJECT.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the funds authorized to be appropriated under sub-
sections (a) and (h) of section 14 shall be used to 
satisfy any claim of the Tribe or the allottees with 
respect to the appropriation of funds for the reha-
bilitation, expansion, improvement, repair, operation, 
or maintenance of the Crow Irrigation Project. Upon 
complete appropriation of funds authorized by sub-
sections (a) and (h) of section 14 any claim of the 
Tribe or the allottees with respect to the appropria-
tion of funds for the rehabilitation, expansion, im-
provement, repair, operation, or maintenance of the 
Crow Irrigation Project shall be deemed to have 
been satisfied. 
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