† HR 4783 EAS 
wise transferred by the Tribe in any way for use di-
rectly or indirectly outside the State. 
(2) USE OFF RESERVATION.—Except as author-
ized by this section and paragraph 4.7 of the Agree-
ment, no tribal water rights under this title may be 
sold, leased, transferred, or used outside the bound-
aries of the reservation or off-reservation trust land 
other than pursuant to an exchange. 
(3) AGREEMENTS WITH ARIZONA WATER BANK-
ING AUTHORITY.—Nothing in this title or the Agree-
ment limits the right of the Tribe to enter into an 
agreement with the Arizona Water Banking Author-
ity (or any successor entity) established by section 
45–2421 of the Arizona Revised Statutes in accord-
ance with State law. 
(g) LEASES.— 
(1) IN GENERAL.—To the extent that the leases 
of tribal CAP Water by the Tribe to the District and 
to any of the cities in the State, attached as exhibits 
to the Agreement, are not in conflict with the provi-
sions of this title— 
(A) those leases are authorized, ratified, 
and confirmed; and 
(B) the Secretary shall execute the leases.
† HR 4783 EAS 
(2) AMENDMENTS.—To the extent that amend-
ments are executed to make the leases described in 
paragraph (1) consistent with this title, those 
amendments are authorized, ratified, and confirmed. 
SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYS-
TEM. 
(a) IN GENERAL.—Consistent with subsections (a) 
and (e) of section 312 and subsection (h) of this section, 
the Secretary, acting through the Bureau, shall plan, de-
sign, and construct the WMAT rural water system to di-
vert, store, and distribute water from the North Fork of 
the White River to the Tribe that shall consist of— 
(1) a dam and storage reservoir, pumping 
plant, and treatment facilities located along the 
North Fork of the White River near the community 
of Whiteriver; 
(2) a distribution system consisting of pipelines 
extending from the treatment facilities to existing 
water distribution systems serving the communities 
of Whiteriver, Fort Apache, Canyon Day, Cedar 
Creek, Carrizo, and Cibecue; 
(3) connections to existing distribution facilities 
for the communities described in paragraph (2), but 
not including any upgrades of, or improvements to, 
existing or future public water systems for the com-
† HR 4783 EAS 
munities described in paragraph (2) that may be 
necessary to accommodate increased demand and 
flow rates (and any associated changes in water 
quality); 
(4) connections to additional communities along 
the pipeline, provided that the additional connections 
may be added to the distribution system described in 
paragraph (2) at the expense of the Tribe; 
(5) appurtenant buildings and access roads; 
(6) electrical power transmission and distribu-
tion facilities necessary for operation of the project; 
and 
(7) any other project components that the Sec-
retary, in consultation with the Tribe, determines to 
be necessary. 
(b) MODIFICATIONS.—The Secretary and the Tribe— 
(1) may modify the components of the WMAT 
rural water system described in subsection (a) by 
mutual agreement; and 
(2) shall make all modifications required under 
subsection (c)(2). 
(c) FINAL PROJECT DESIGN.— 
(1) IN GENERAL.—The Secretary shall issue a 
final project design of the WMAT rural water sys-
tem, including the dam, pumping plants, pipeline,
† HR 4783 EAS 
and treatment plant, that is generally consistent 
with the project extension report dated February 
2007 after the completion of— 
(A) any appropriate environmental compli-
ance activity; and 
(B) the review process described in para-
graph (2). 
(2) REVIEW.— 
(A) IN GENERAL.—The Secretary shall re-
view the proposed design of the WMAT rural 
water system and perform value engineering 
analyses. 
(B) RESULTS.—Taking into consideration 
the review under subparagraph (A), the Sec-
retary, in consultation with the Tribe, shall re-
quire appropriate changes to the design, so that 
the final design— 
(i) meets Bureau of Reclamation de-
sign standards; 
(ii) to the maximum extent prac-
ticable, incorporates any changes that 
would improve the cost-effectiveness of the 
delivery of water through the WMAT rural 
water system; and
† HR 4783 EAS 
(iii) may be constructed for the 
amounts made available under section 312. 
(d) CONVEYANCE OF TITLE.— 
(1) IN GENERAL.—Title to the WMAT rural 
water system shall be held by the United States 
until title to the WMAT rural water system is con-
veyed by the Secretary to the Tribe pursuant to 
paragraph (2). 
(2) CONVEYANCE
TO
TRIBE.—The Secretary 
shall convey to the Tribe title to the WMAT rural 
water system not later than 30 days after the date 
on which the Secretary publishes in the Federal 
Register a statement of findings that— 
(A) the operating criteria, standing oper-
ating procedures, emergency action plan, and 
first filling and monitoring criteria of the de-
signers have been established and are in place; 
(B) the WMAT rural water system has op-
erated under the standing operating procedures 
of the designers, with the participation of the 
Tribe, for a period of 3 years; 
(C) the Secretary has provided the Tribe 
with technical assistance on the manner by 
which to operate and maintain the WMAT rural 
water system;
† HR 4783 EAS 
(D) the funds made available under section 
312(b)(3)(B) have been deposited in the 
WMAT Maintenance Fund; and 
(E) the WMAT rural water system— 
(i) is substantially complete, as deter-
mined by the Secretary; and 
(ii) satisfies the requirement that— 
(I) the infrastructure constructed 
is capable of storing, diverting, treat-
ing, transmitting, and distributing a 
supply of water as set forth in the 
final project design described in sub-
section (c); and 
(II) the Secretary has consulted 
with the Tribe regarding the proposed 
finding that the WMAT rural water 
system is substantially complete. 
(e) ALIENATION AND TAXATION.— 
(1) IN GENERAL.—Conveyance of title to the 
Tribe pursuant to subsection (d) does not waive or 
alter any applicable Federal law (including regula-
tions) prohibiting alienation or taxation of the 
WMAT rural water system or the underlying res-
ervation land.
† HR 4783 EAS 
(2) ALIENATION OF WMAT RURAL WATER SYS-
TEM.—The WMAT rural water system, including 
the components of the WMAT rural water system, 
shall not be alienated, encumbered, or conveyed in 
any manner by the Tribe, unless a reconveyance is 
authorized by an Act of Congress enacted after the 
date of enactment of this Act. 
(f) OPERATION AND MAINTENANCE.— 
(1) IN GENERAL.—Consistent with subsections 
(d) and (e) of section 312, the Secretary, acting 
through the Bureau and in cooperation with the 
Tribe, shall operate, maintain, and replace the 
WMAT rural water system until the date on which 
title to the WMAT rural water system is transferred 
to the Tribe pursuant to subsection (d)(2). 
(2) LIMITATION.— 
(A) IN GENERAL.—Beginning on the date 
on which title to the WMAT rural water system 
is transferred to the Tribe pursuant to sub-
section (d)(2), the United States shall have no 
obligation to pay for the operation, mainte-
nance, or replacement costs of the WMAT rural 
water system. 
(B) LIMITATION ON LIABILITY.—Effective 
on the date on which the Secretary publishes a
† HR 4783 EAS 
(h) APPLICABILITY OF ISDEAA.— 
(1) AGREEMENT FOR SPECIFIC ACTIVITIES.— 
On receipt of a request of the Tribe, and in accord-
ance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), the 
Secretary shall enter into 1 or more agreements with 
the Tribe to carry out the activities authorized by 
this section. 
(2) CONTRACTS.—Any contract entered into 
pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) for the 
purpose of carrying out any provision of this title 
shall incorporate such provisions regarding periodic 
payment of funds, timing for use of funds, trans-
parency, oversight, reporting, and accountability as 
the Secretary determines to be necessary (at the sole 
discretion of the Secretary) to ensure appropriate 
stewardship of Federal funds. 
(i) FINAL DESIGNS; PROJECT CONSTRUCTION.— 
(1) FINAL
DESIGNS.—All designs for the 
WMAT rural water system shall— 
(A) conform to Bureau design standards; 
and 
(B) be subject to review and approval by 
the Secretary.
† HR 4783 EAS 
(2) PROJECT
CONSTRUCTION.—Each project 
component of the WMAT rural water system shall 
be constructed pursuant to designs and specifica-
tions approved by the Secretary, and all construction 
work shall be subject to inspection and approval by 
the Secretary. 
(j) CONDITION.—As a condition of construction of 
the facilities authorized by this section, the Tribe shall 
provide, at no cost to the Secretary, all land or interests 
in land that the Secretary identifies as necessary for the 
construction, operation, and maintenance of those facili-
ties. 
SEC. 308. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—Except as set forth in the Agree-
ment, the benefits realized by the Tribe and its members 
under this title shall be in full satisfaction of all claims 
of the Tribe, its members, and the United States, acting 
as trustee for the benefit of the Tribe and its members, 
for water rights and injury to water rights under Federal, 
State, or other law with respect to the reservation and off- 
reservation trust land. 
(b) USES OF WATER.—All uses of water on land out-
side of the reservation, if and when that land is subse-
quently and finally determined to be part of the reserva-
tion through resolution of any dispute between the Tribe
† HR 4783 EAS 
and the United States over the location of the reservation 
boundary, and any fee land within the reservation placed 
into trust and made part of the reservation, shall be sub-
ject to the maximum annual diversion amounts and the 
maximum annual depletion amounts specified in the 
Agreement. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a), nothing in this title recognizes or 
establishes any right of a member of the Tribe to water 
on the reservation. 
SEC. 309. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.—– 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.—Except for the specifically retained claims de-
scribed in subsection (b)(1), the Tribe, on behalf of 
itself and its members, and the United States, act-
ing in its capacity as trustee for the Tribe and its 
members, as part of the performance of the respec-
tive obligations of the United States and the Tribe 
under the Agreement, are authorized to execute a 
waiver and release of any claims against the State 
(or any agency or political subdivision of the State), 
or any other person, entity, corporation, or munic-
ipal corporation under Federal, State, or other law 
for all—
† HR 4783 EAS 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
(ii) past, present, and future claims for 
water rights arising from time immemorial and, 
thereafter, forever, that are based on aboriginal 
occupancy of land by the Tribe, its members, or 
their predecessors; 
(B)(i) past and present claims for injury to 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
through the enforceability date; 
(ii) past, present, and future claims for in-
jury to water rights arising from time immemo-
rial and, thereafter, forever, that are based on 
aboriginal occupancy of land by the Tribe, its 
members, or their predecessors; and 
(iii) claims for injury to water rights aris-
ing after the enforceability date for the reserva-
tion and off-reservation trust land resulting 
from off-reservation diversion or use of water in 
a manner that is not in violation of the Agree-
ment or State law; and
† HR 4783 EAS 
(C) past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Agree-
ment, an applicable settlement judgement or de-
cree, or this title. 
(2) CLAIMS AGAINST TRIBE.—Except for the 
specifically retained claims described in subsection 
(b)(3), the United States, in all capacities (except as 
trustee for an Indian tribe other than the Tribe), as 
part of the performance of its obligations under the 
Agreement, is authorized to execute a waiver and re-
lease of any and all claims against the Tribe, its 
members, or any agency, official, or employee of the 
Tribe, under Federal, State, or any other law for 
all— 
(A) past and present claims for injury to 
water rights resulting from the diversion or use 
of water on the reservation and on off-reserva-
tion trust land arising from time immemorial 
through the enforceability date; 
(B) claims for injury to water rights aris-
ing after the enforceability date resulting from 
the diversion or use of water on the reservation 
and on off-reservation trust land in a manner 
that is not in violation of the Agreement; and
† HR 4783 EAS 
(C) past, present, and future claims aris-
ing out of or related in any manner to the nego-
tiation, execution, or adoption of the Agree-
ment, an applicable settlement judgement or de-
cree, or this title. 
(3) CLAIMS AGAINST UNITED STATES.—Except 
for the specifically retained claims described in sub-
section (b)(2), the Tribe, on behalf of itself and its 
members, as part of the performance of the obliga-
tions of the Tribe under the Agreement, is author-
ized to execute a waiver and release of any claim 
against the United States, including agencies, offi-
cials, or employees of the United States (except in 
the capacity of the United States as trustee for 
other Indian tribes), under Federal, State, or other 
law for any and all— 
(A)(i) past, present, and future claims for 
water rights for the reservation and off-reserva-
tion trust land arising from time immemorial 
and, thereafter, forever; and 
(ii) past, present, and future claims for 
water rights arising from time immemorial and, 
thereafter, forever that are based on aboriginal 
occupancy of land by the Tribe, its members, or 
their predecessors;
† HR 4783 EAS 
(G) past and present breach of trust and 
negligence claims for damage to the land and 
natural resources of the Tribe caused by ripar-
ian and other vegetative manipulation by the 
United States for the purpose of increasing 
water runoff from the reservation that first ac-
crued at any time prior to the enforceability 
date; and 
(H) past and present claims for trespass, 
use, and occupancy of the reservation in, on, 
and along the Black River that first accrued at 
any time prior to the enforceability date. 
(4) EFFECT ON BOUNDARY CLAIMS.—Nothing 
in this title expands, diminishes, or impacts any 
claims the Tribe may assert, or any defense the 
United States may assert, concerning title to land 
outside the most current survey, as of the date of 
enactment of this Act, of the northern boundary of 
the reservation. 
(b) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.— 
(1) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AND UNITED STATES.— 
(A) IN
GENERAL.—Notwithstanding the 
waiver and release of claims authorized under
† HR 4783 EAS 
subsection (a)(1), the Tribe, on behalf of itself 
and its members, and the United States, acting 
as trustee for the Tribe and its members, shall 
retain any right— 
(i) subject to subparagraph 16.9 of 
the Agreement, to assert claims for inju-
ries to, and seek enforcement of, the rights 
of the Tribe and its members under the 
Agreement or this title in any Federal or 
State court of competent jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
tered by the court in the Gila River adju-
dication proceedings; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Tribe under the judgment and decree en-
tered by the court in the Little Colorado 
River adjudication proceedings; 
(iv) to object to any claims by or for 
any other Indian tribe, Indian community 
or nation, or dependent Indian community, 
or the United States on behalf of such a 
tribe, community, or nation;
† HR 4783 EAS 
(v) to participate in the Gila River ad-
judication proceedings and the Little Colo-
rado River adjudication proceedings to the 
extent provided in subparagraph 14.1 of 
the Agreement; 
(vi) to assert any claims arising after 
the enforceability date for injury to water 
rights not specifically waived under this 
section; 
(vii) to assert any past, present, or fu-
ture claim for injury to water rights 
against any other Indian tribe, Indian 
community or nation, dependent Indian 
community, allottee, or the United States 
on behalf of such a tribe, community, na-
tion, or allottee; 
(viii) to assert any past, present, or 
future claim for trespass, use, and occu-
pancy of the reservation in, on, or along 
the 
Black 
River 
against 
Freeport- 
McMoRan Copper & Gold, Inc., Phelps 
Dodge Corporation, or Phelps Dodge 
Morenci, Inc. (or a predecessor or suc-
cessor of those entities), including all sub-
† HR 4783 EAS 
sidiaries and affiliates of those entities; 
and 
(ix) to assert claims arising after the 
enforceability date for injury to water 
rights resulting from the pumping of water 
from land located within national forest 
land as of the date of the Agreement in the 
south 1⁄2 of T. 9 N., R. 24 E., the south 
1⁄2 of T. 9 N., R. 25 E., the north 1⁄2 of 
T. 8 N., R. 24 E., or the north 1⁄2 of T. 
8 N., R. 25 E., if water from the land is 
used on the land or is transported off the 
land for municipal, commercial, or indus-
trial use. 
(B) AGREEMENT.—On terms acceptable to 
the Tribe and the United States, the Tribe and 
the United States are authorized to enter into 
an agreement with Freeport-McMoRan Copper 
& Gold, Inc., Phelps Dodge Corporation, or 
Phelps Dodge Morenci, Inc. (or a predecessor 
or successor of those entities), including all sub-
sidiaries and affiliates of those entities, to re-
solve the claims of the Tribe relating to the 
trespass, use, and occupancy of the reservation 
in, on, and along the Black River.
† HR 4783 EAS 
(2) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY TRIBE AGAINST UNITED STATES.— 
Notwithstanding the waiver and release of claims 
authorized under subsection (a)(3), the Tribe, on be-
half of itself and its members, shall retain any 
right— 
(A) subject to subparagraph 16.9 of the 
Agreement, to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
its members under the Agreement or this title, 
in any Federal or State court of competent ju-
risdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
members under the judgment and decree en-
tered by the court in the Gila River adjudica-
tion proceedings; 
(C) to assert claims for injuries to, and 
seek enforcement of, the rights of the Tribe and 
members under the judgment and decree en-
tered by the court in the Little Colorado River 
adjudication proceedings; 
(D) to object to any claims by or for any 
other Indian tribe, Indian community or nation, 
or dependent Indian community, or the United
† HR 4783 EAS 
States on behalf of such a tribe, community, or 
nation; 
(E) to assert past, present, or future 
claims for injury to water rights or any other 
claims other than a claim to water rights, 
against any other Indian tribe, Indian commu-
nity or nation, or dependent Indian community, 
or the United States on behalf of such a tribe, 
community, or nation; 
(F) to assert claims arising after the en-
forceability date for injury to water rights re-
sulting from the pumping of water from land 
located within national forest land as of the 
date of the Agreement in the south 1⁄2 of T. 9 
N., R. 24 E., the south 1⁄2 of T. 9 N., R. 25 
E., the north 1⁄2 of T. 8 N., R. 24 E., or the 
north 1⁄2 of T. 8 N., R. 25 E., if water from 
that land is used on the land or is transported 
off the land for municipal, commercial, or in-
dustrial use; 
(G) to assert any claims arising after the 
enforceability date for injury to water rights not 
specifically waived under this section;
† HR 4783 EAS 
(H) to seek remedies and to assert any 
other claims not specifically waived under this 
section; and 
(I) to assert any claim arising after the en-
forceability date for a future taking by the 
United States of reservation land, off-reserva-
tion trust land, or any property rights appur-
tenant to that land, including any water rights 
set forth in paragraph 4.0 of the Agreement. 
(3) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY UNITED STATES.—Notwithstanding 
the waiver and release of claims authorized under 
subsection (a)(2), the United States shall retain any 
right to assert any claim not specifically waived in 
that subsection. 
(c) EFFECTIVENESS OF WAIVER AND RELEASES.— 
Except as otherwise specifically provided in subparagraphs 
(E) and (F) of subsection (a)(3), the waivers and releases 
under subsection (a) shall become effective on the enforce-
ability date. 
(d) ENFORCEABILITY DATE.— 
(1) IN GENERAL.—This section takes effect on 
the date on which the Secretary publishes in the 
Federal Register a statement of findings that—
† HR 4783 EAS 
(A)(i) to the extent that the Agreement 
conflicts with this title, the Agreement has been 
revised through an amendment to eliminate the 
conflict; and 
(ii) the Agreement, as so revised, has been 
executed by the Secretary, the Tribe, and the 
Governor of the State; 
(B) the Secretary has fulfilled the require-
ments of sections 305 and 306; 
(C) the amount made available under sec-
tion 312(a) has been deposited in the White 
Mountain Apache Tribe Water Rights Settle-
ment Subaccount; 
(D) the State funds described in subpara-
graph 13.3 of the Agreement have been depos-
ited in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount; 
(E) the Secretary has issued a record of 
decision approving the construction of the 
WMAT rural water system in a configuration 
substantially similar to that described in section 
307; 
(F) the judgments and decrees substan-
tially in the form of those attached to the 
Agreement as exhibits 12.9.6.1 and 12.9.6.2
† HR 4783 EAS 
have been approved by the respective trial 
courts; and 
(G) the waivers and releases authorized 
and set forth in subsection (a) have been exe-
cuted by the Tribe and the Secretary. 
(2) FAILURE
OF
ENFORCEABILITY
DATE
TO 
OCCUR.—If the Secretary does not publish a state-
ment of findings under paragraph (1) by April 30, 
2021— 
(A) this title is repealed effective May 1, 
2021, and any activity by the Secretary to carry 
out this title shall cease; 
(B) any amounts made available under sec-
tion 312 shall immediately revert to the general 
fund of the Treasury; 
(C) any other amounts deposited in the 
White Mountain Apache Tribe Water Rights 
Settlement Subaccount (including any amounts 
paid by the State in accordance with the Agree-
ment), together with any interest accrued on 
those amounts, shall immediately be returned to 
the respective sources of those funds; and 
(D) the Tribe and its members, and the 
United States, acting as trustee for the Tribe 
and its members, shall retain the right to assert
† HR 4783 EAS 
past, present, and future water rights claims 
and claims for injury to water rights for the 
reservation and off-reservation trust land. 
(3) NO ADDITIONAL RIGHTS TO WATER.—Be-
ginning on the enforceability date, all land held by 
the United States in trust for the Tribe and its 
members shall have no rights to water other than 
those specifically quantified for the Tribe and the 
United States, acting as trustee for the Tribe and 
its members, for the reservation and off-reservation 
trust land pursuant to paragraph 4.0 of the Agree-
ment. 
(e) UNITED STATES ENFORCEMENT AUTHORITY.— 
Nothing in this title or the Agreement affects any right 
of the United States to take any action, including environ-
mental actions, under any laws (including regulations and 
the common law) relating to human health, safety, or the 
environment. 
(f) NO EFFECT ON WATER RIGHTS.—Except as pro-
vided in paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and 
(3)(B)(ii) of subsection (a), nothing in this title affects 
any rights to water of the Tribe, its members, or the 
United States, acting as trustee for the Tribe and its 
members, for land outside the boundaries of the reserva-
tion or the off-reservation trust land.
† HR 4783 EAS 
(g) ENTITLEMENTS.—Any entitlement to water of 
the Tribe, its members, or the United States, acting as 
trustee for the Tribe and its members, relating to the res-
ervation or off-reservation trust land shall be satisfied 
from the water resources granted, quantified, confirmed, 
or recognized with respect to the Tribe, its members, and 
the United States by the Agreement and this title. 
(h) OBJECTION PROHIBITED.—Except as provided in 
paragraphs (1)(A)(ix) and (2)(F) of subsection (b), the 
Tribe and the United States, acting as trustee for the 
Tribe shall not— 
(1) object to the use of any well located outside 
the boundaries of the reservation or the off-reserva-
tion trust land in existence on the enforceability 
date; or 
(2) object to, dispute, or challenge after the en-
forceability date the drilling of any well or the with-
drawal and use of water from any well in the Little 
Colorado River adjudication proceedings, the Gila 
River adjudication proceedings, or any other judicial 
or administrative proceeding. 
SEC. 310. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 
SETTLEMENT SUBACCOUNT. 
(a) ESTABLISHMENT.—There is established in the 
Lower Colorado River Basin Development Fund a sub-
† HR 4783 EAS 
account to be known as the ‘‘White Mountain Apache 
Tribe Water Rights Settlement Subaccount’’, consisting 
of— 
(1) the amounts deposited in the subaccount 
pursuant to section 312(a); and 
(2) such other amounts as are available, includ-
ing the amounts provided in subparagraph 13.3 of 
the Agreement. 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall use amounts from the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount for the planning, design, and construc-
tion of the WMAT rural water system, in accordance 
with section 307(a). 
(2) REQUIREMENTS.—In carrying out the ac-
tivities described in paragraph (1), the Secretary 
shall use such sums as are necessary from the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount— 
(A) to provide the Bureau with amounts 
sufficient to carry out oversight of the planning, 
design, and construction of the WMAT rural 
water system;
† HR 4783 EAS 
(B) to repay to the Treasury (or the 
United States) any outstanding balance on the 
loan authorized by the White Mountain Apache 
Tribe Rural Water System Loan Authorization 
Act (Public Law 110–390; 122 Stat. 4191), 
after which repayment, the Tribe shall have no 
further liability for the balance on that loan; 
and 
(C) to carry out all required environmental 
compliance activities associated with the plan-
ning, design, and construction of the WMAT 
rural water system. 
(c) ISDEAA CONTRACT.— 
(1) IN GENERAL.—If the Tribe so requests, the 
planning, design, and construction of the WMAT 
rural water system shall be carried out pursuant to 
the terms of an agreement or agreements entered 
into under section 307(h). 
(2) ENFORCEMENT.—The Secretary may pur-
sue any judicial remedies and carry out any adminis-
trative actions that are necessary to enforce an 
agreement described in paragraph (1) to ensure that 
amounts in the White Mountain Apache Tribe Water 
Rights Settlement Subaccount are used in accord-
ance with this section.
† HR 4783 EAS 
(d) PROHIBITION ON PER CAPITA DISTRIBUTIONS.— 
No amount of the principal, or the interest or income ac-
cruing on the principal, of the White Mountain Apache 
Tribe Water Rights Settlement Subaccount shall be dis-
tributed to any member of the Tribe on a per capita basis. 
(e) AVAILABILITY OF FUNDS.— 
(1) IN
GENERAL.—Amounts in the White 
Mountain Apache Tribe Water Rights Settlement 
Subaccount shall not be available for expenditure by 
the Secretary until the enforceability date. 
(2) INVESTMENT.—The Secretary shall invest 
the amounts in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount in accordance 
with section 403(f)(4) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(4)). 
(3) USE OF INTEREST.—The interest accrued 
on amounts invested under paragraph (2) shall not 
be available for expenditure or withdrawal until the 
enforceability date. 
SEC. 311. MISCELLANEOUS PROVISIONS. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
(1) IN GENERAL.—In the case of a civil action 
described in paragraph (2)— 
(A) the United States or the Tribe, or 
both, may be joined in the civil action; and
† HR 4783 EAS 
(B) any claim by the United States or the 
Tribe to sovereign immunity from the civil ac-
tion is waived for the sole purpose of resolving 
any issue regarding the interpretation or en-
forcement of this title or the Agreement. 
(2) DESCRIPTION OF CIVIL ACTION.—A civil ac-
tion referred to in paragraph (1) is a civil action 
filed— 
(A) by any party to the Agreement or sig-
natory to an exhibit to the Agreement in a 
United States or State court that— 
(i) relates solely and directly to the in-
terpretation or enforcement of this title or 
the Agreement; and 
(ii) names as a party the United 
States or the Tribe; or 
(B) by a landowner or water user in the 
Gila River basin or Little Colorado River basin 
in the State that— 
(i) relates solely and directly to the in-
terpretation or enforcement of section 309 
of this title and paragraph 12.0 of the 
Agreement; and 
(ii) names as a party the United 
States or the Tribe.
† HR 4783 EAS 
(b) EFFECT OF TITLE.—Nothing in this title quan-
tifies or otherwise affects any water right or claim or enti-
tlement to water of any Indian tribe, band, or community 
other than the Tribe. 
(c) 
LIMITATION
ON
LIABILITY
OF
UNITED 
STATES.— 
(1) IN
GENERAL.—The United States shall 
have no trust or other obligation— 
(A) to monitor, administer, or account for, 
in any manner, any amount paid to the Tribe 
by any party to the Agreement other than the 
United States; or 
(B) to review or approve the expenditure of 
those funds. 
(2) INDEMNIFICATION.—The Tribe shall indem-
nify the United States, and hold the United States 
harmless, with respect to any claim (including claims 
for takings or breach of trust) arising out of the re-
ceipt or expenditure of funds described in paragraph 
(1)(A). 
(d) APPLICABILITY
OF
RECLAMATION
REFORM 
ACT.—The Reclamation Reform Act of 1982 (43 U.S.C. 
390aa et seq.) and any other acreage limitation or full- 
cost pricing provision under Federal law shall not apply 
to any individual, entity, or land solely on the basis of—
† HR 4783 EAS 
(1) receipt of any benefit under this title; 
(2) the execution or performance of the Agree-
ment; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
(e) SECRETARIAL POWER SITES.—The portions of 
the following named secretarial power site reserves that 
are located on the Fort Apache Indian Reservation or the 
San Carlos Apache Reservation, as applicable, shall be 
transferred and restored into the name of the Tribe or 
the San Carlos Apache Tribe, respectively: 
(1) Lower Black River (T. 3 N., R. 26 E.; T. 
3 N., R. 27 E.). 
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 
2 N., R. 26 E.; T. 3 N., R. 26 E.). 
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 
E.; T. 41⁄2 N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 
41⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). 
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 
E.). 
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., 
R. 18 E.). 
(6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., 
R. 16 E.).
† HR 4783 EAS 
(f) NO EFFECT ON FUTURE ALLOCATIONS.—Water 
received under a lease or exchange of tribal CAP water 
under this title shall not affect any future allocation or 
reallocation of CAP water by the Secretary. 
(g) AFTER-ACQUIRED TRUST LAND.— 
(1) REQUIREMENT OF ACT OF CONGRESS.— 
(A) LEGAL
TITLE.—Subject to subpara-
graph (B), after the enforceability date, if the 
Tribe seeks to have legal title to additional land 
in the State located outside the exterior bound-
aries of the reservation taken into trust by the 
United States for the benefit of the Tribe, the 
Tribe may do so only pursuant to an Act of 
Congress specifically authorizing the transfer 
for the benefit of the Tribe. 
(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to— 
(i) the restoration of land to the res-
ervation subsequently and finally deter-
mined to be part of the reservation 
through resolution of any dispute between 
the Tribe and the United States over the 
location of the reservation boundary, un-
less required by Federal law; or
† HR 4783 EAS 
(ii) off-reservation trust land acquired 
prior to January 1, 2008. 
(2) WATER RIGHTS.— 
(A) IN
GENERAL.—After-acquired trust 
land that is located outside the reservation shall 
not include federally reserved rights to surface 
water or groundwater. 
(B) RESTORED LAND.—Land that is re-
stored to the reservation as the result of the 
resolution of any reservation boundary dispute 
between the Tribe and the United States, or 
any fee simple land within the reservation that 
is placed into trust, shall have water rights pur-
suant to section 308(b). 
(3) ACCEPTANCE OF LAND IN TRUST STATUS.— 
(A) IN GENERAL.—If the Tribe acquires 
legal fee title to land that is located within the 
exterior boundaries of the reservation, the Sec-
retary shall accept the land in trust status for 
the benefit of the Tribe in accordance with ap-
plicable Federal law (including regulations) for 
such real estate acquisitions. 
(B) RESERVATION STATUS.—Land held in 
trust by the Secretary under subparagraph (A), 
or restored to the reservation as a result of res-
† HR 4783 EAS 
olution of a boundary dispute between the Tribe 
and the United States, shall be deemed to be 
part of the reservation. 
(h) CONFORMING AMENDMENT.—Section 3(b)(2) of 
the White Mountain Apache Tribe Rural Water System 
Loan Authorization Act (Public Law 110–390; 122 Stat. 
4191) is amended by striking ‘‘January 1, 2013’’ and in-
serting ‘‘May 1, 2021’’. 
SEC. 312. FUNDING. 
(a) RURAL WATER SYSTEM.— 
(1) MANDATORY APPROPRIATIONS.—Subject to 
paragraph (2), out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treas-
ury shall transfer to the Secretary to carry out the 
planning, engineering, design, environmental compli-
ance, and construction of the WMAT rural water 
system $126,193,000. 
(2) INCLUSIONS.—The amount made available 
under paragraph (1) shall include such sums as are 
necessary, but not to exceed 4 percent of the con-
struction contract costs, for the Bureau to carry out 
oversight of activities for planning, design, environ-
mental compliance, and construction of the rural 
water system.
† HR 4783 EAS 
(b) 
WMAT 
SETTLEMENT
AND
MAINTENANCE 
FUNDS.— 
(1) DEFINITION
OF
FUNDS.—In this sub-
section, the term ‘‘Funds’’ means— 
(A) the WMAT Settlement Fund estab-
lished by paragraph (2)(A); and 
(B) the WMAT Maintenance Fund estab-
lished by paragraph (3)(A). 
(2) WMAT SETTLEMENT FUND.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the ‘‘WMAT Settlement 
Fund’’, to be administered by the Secretary, 
consisting of the amounts deposited in the fund 
under subparagraph (B), together with any in-
terest accrued on those amounts, for use by the 
Tribe in accordance with subparagraph (C). 
(B) TRANSFERS TO FUND.— 
(i) IN GENERAL.—There are author-
ized to be appropriated to the Secretary 
for deposit in the WMAT Settlement 
Fund— 
(I) $78,500,000; and 
(II) any additional amounts de-
scribed in clause (ii), if applicable.
† HR 4783 EAS 
(ii) AUTHORIZATION OF ADDITIONAL 
AMOUNTS.—In accordance with subsection 
(e)(4)(B), if the WMAT rural water sys-
tem is conveyed to the Tribe before the 
date on which the $35,000,000 described 
in subsection (e)(2) is completely made 
available, there is authorized to be appro-
priated to the Secretary, for deposit in the 
WMAT Settlement Fund, any remaining 
amounts that would otherwise have been 
made available for expenditure from the 
Cost Overrun Subaccount. 
(C) USE OF FUNDS.— 
(i) IN GENERAL.—The Tribe shall use 
amounts in the WMAT Settlement Fund 
for any of the following purposes: 
(I) Fish production, including 
hatcheries. 
(II) Rehabilitation of recreational 
lakes and existing irrigation systems. 
(III) Water-related economic de-
velopment projects. 
(IV) Protection, restoration, and 
economic development of forest and 
watershed health.
† HR 4783 EAS 
(ii) EXISTING IRRIGATION SYSTEMS.— 
Of the amounts deposited in the Fund 
under subparagraph (B), not less than 
$4,950,000 shall be used for the rehabilita-
tion of existing irrigation systems. 
(3) WMAT MAINTENANCE FUND.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the ‘‘WMAT Maintenance 
Fund’’, to be administered by the Secretary, 
consisting of the amounts deposited in the fund 
under subparagraph (B), together with any in-
terest accrued on those amounts, for use by the 
Tribe in accordance with subparagraph (C). 
(B) MANDATORY
APPROPRIATIONS.—Out 
of any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury shall 
transfer to the Secretary $50,000,000 for de-
posit in the WMAT Maintenance Fund. 
(C) USE OF FUNDS.—The Tribe shall use 
amounts in the WMAT Maintenance Fund only 
for the operation, maintenance, and replace-
ment costs associated with the delivery of water 
through the WMAT rural water system.
† HR 4783 EAS 
(4) ADMINISTRATION.—The Secretary shall 
manage the Funds in accordance with the American 
Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.), including by invest-
ing amounts in the Funds in accordance with— 
(A) the Act of April 1, 1880 (25 U.S.C. 
161); and 
(B) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a). 
(5) 
AVAILABILITY
OF
AMOUNTS
FROM 
FUNDS.—Amounts in the Funds shall be available 
for expenditure or withdrawal only after the enforce-
ability date and in accordance with subsection (f). 
(6) EXPENDITURE AND WITHDRAWAL.— 
(A) TRIBAL MANAGEMENT PLAN.— 
(i) IN
GENERAL.—The Tribe may 
withdraw all or part of the amounts in the 
Funds on approval by the Secretary of a 
tribal management plan, as described in 
the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 
et seq.). 
(ii) REQUIREMENTS.—In addition to 
the requirements under the American In-
dian Trust Fund Management Reform Act
† HR 4783 EAS 
of 1994 (25 U.S.C. 4001 et seq.), a tribal 
management plan under this subparagraph 
shall require the Tribe to use any amounts 
withdrawn from the Funds in accordance 
with paragraph (2)(C) or (3)(C), as appli-
cable. 
(iii) ENFORCEMENT.—The Secretary 
may take judicial or administrative action 
to enforce the provisions of a tribal man-
agement plan described in clause (i) to en-
sure that any amounts withdrawn from the 
Funds under the tribal management plan 
are used in accordance with this title and 
the Agreement. 
(iv) LIABILITY.—If the Tribe exer-
cises the right to withdraw amounts from 
the Funds, neither the Secretary nor the 
Secretary of the Treasury shall retain any 
liability for the expenditure or investment 
of the amounts. 
(B) EXPENDITURE PLAN.— 
(i) IN
GENERAL.—The Tribe shall 
submit to the Secretary for approval an ex-
penditure plan for any portion of the 
amounts in the Funds that the Tribe does
† HR 4783 EAS 
not withdraw under the tribal management 
plan. 
(ii) DESCRIPTION.—The expenditure 
plan shall describe the manner in which, 
and the purposes for which, amounts re-
maining in the Funds will be used. 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan, if the Sec-
retary determines that the plan is reason-
able and consistent with this title and the 
Agreement. 
(iv) ANNUAL REPORT.—For each of 
the Funds, the Tribe shall submit to the 
Secretary an annual report that describes 
all expenditures from the Fund during the 
year covered by the report. 
(C) CERTAIN PER CAPITA DISTRIBUTIONS 
PROHIBITED.—No amount in the Funds shall 
be distributed to any member of the Tribe on 
a per capita basis. 
(c) COST INDEXING.—All amounts made available 
under subsections (a), (b), and (e) shall be adjusted as 
necessary to reflect the changes since October 1, 2007, 
in the construction cost indices applicable to the types of
† HR 4783 EAS 
construction involved in the construction of the WMAT 
rural water supply system, the maintenance of the rural 
water supply system, and the construction or rehabilita-
tion of the other development projects described in sub-
section (b)(2)(C). 
(d) OPERATION, MAINTENANCE, AND
REPLACE-
MENT.—Out of any funds in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall transfer 
to the Secretary $2,500,000 for the operation, mainte-
nance, and replacement costs of the WMAT rural water 
system, to remain available until the conditions described 
in section 307(f) have been met. 
(e) COST OVERRUN SUBACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Lower Colorado River Basin Development Fund 
a subaccount to be known as the ‘‘WMAT Cost 
Overrun Subaccount’’, to be administered by the 
Secretary, consisting of the amounts deposited in the 
subaccount under paragraph (2), together with any 
interest accrued on those amounts, for use by the 
Secretary in accordance with paragraph (4). 
(2) MANDATORY APPROPRIATIONS; AUTHORIZA-
TION OF APPROPRIATIONS.— 
(A) MANDATORY
APPROPRIATIONS.—Out 
of any funds in the Treasury not otherwise ap-
† HR 4783 EAS 
propriated, the Secretary of the Treasury shall 
transfer to the Secretary $24,000,000 for de-
posit in the WMAT Cost Overrun Subaccount. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
for deposit in the WMAT Cost Overrun Sub-
account $11,000,000. 
(3) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—Amounts in the WMAT 
Cost Overrun Subaccount shall not be available 
for expenditure by the Secretary until the en-
forceability date. 
(B) INVESTMENT.—The Secretary shall in-
vest the amounts in the WMAT Cost Overrun 
Subaccount 
in 
accordance 
with 
section 
403(f)(4) of the Colorado River Basin Project 
Act (43 U.S.C. 1543(f)(4)). 
(C) USE OF INTEREST.—The interest ac-
crued on the amounts invested under subpara-
graph (B) shall not be available for expenditure 
or withdrawal until the enforceability date. 
(4) USE OF COST OVERRUN SUBACCOUNT.— 
(A) INITIAL USE.—The Secretary shall use 
the amounts in the WMAT Cost Overrun Sub-
account to complete the WMAT rural water
† HR 4783 EAS 
system or to carry out activities relating to the 
operation, maintenance, or replacement of fa-
cilities of the WMAT rural water system, as ap-
plicable, if the Secretary determines that the 
amounts made available under subsections (a) 
and (d) will be insufficient in the period before 
title to the WMAT rural water system is con-
veyed to the Tribe— 
(i) to complete the WMAT rural water 
system; or 
(ii) to operate and maintain the 
WMAT rural water system. 
(B) TRANSFER
OF
FUNDS.—All unobli-
gated amounts remaining in the Cost Overrun 
Subaccount on the date on which title to the 
WMAT rural water system is conveyed to the 
Tribe shall be— 
(i) returned to the general fund of the 
Treasury; and 
(ii) on an appropriation pursuant to 
subsection (b)(2)(B)(ii), deposited in the 
WMAT Settlement Fund and made avail-
able to the Tribe for use in accordance 
with subsection (b)(2)(C).
† HR 4783 EAS 
(f) CONDITIONS.—The amounts made available to 
the Secretary for deposit in the WMAT Maintenance 
Fund, together with any interest accrued on those 
amounts under subsection (b)(3) and any interest accru-
ing on the WMAT Settlement Fund under subsection 
(b)(2), shall not be available for expenditure or withdrawal 
until the WMAT rural water system is transferred to the 
Tribe under section 307(d)(2). 
(g) RECEIPT
AND ACCEPTANCE.—The Secretary 
shall be entitled to receive, shall accept, and shall use to 
carry out this title the funds transferred under subsections 
(a), (b), (d), and (e), without further appropriation, to re-
main available until expended. 
SEC. 313. ANTIDEFICIENCY. 
The United States shall not be liable for failure to 
carry out any obligation or activity authorized to be car-
ried out under this title (including any such obligation or 
activity under the Agreement) if adequate appropriations 
are not provided by Congress expressly to carry out the 
purposes of this title. 
SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
In implementing the Agreement and carrying out this 
title, the Secretary shall promptly comply with all applica-
ble requirements of—
† HR 4783 EAS 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(3) all other applicable Federal environmental 
laws; and 
(4) all regulations promulgated under the laws 
described in paragraphs (1) through (3). 
TITLE IV—CROW TRIBE WATER 
RIGHTS SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Crow Tribe Water 
Rights Settlement Act of 2010’’. 
SEC. 402. PURPOSES. 
The purposes of this title are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights in the State of Mon-
tana for— 
(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 of Montana on June 22, 
1999;
† HR 4783 EAS 
(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 
title; and 
(4) to ensure the availability of funds necessary 
for the implementation of the Compact and this 
title. 
SEC. 403. DEFINITIONS. 
In this title: 
(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. 
(2) CEDED
STRIP.—The term ‘‘ceded strip’’ 
means the area identified as the ceded strip on the 
map included in appendix 5 of the Compact. 
(3) CIP 
OM&R.—The term ‘‘CIP OM&R’’ 
means—
† HR 4783 EAS 
(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 of Montana contained in section 85–20–901 of 
the Montana Code Annotated (2009) (including any 
exhibit, part, 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 
(iii) consisting of the project units 
of— 
(I) Agency; 
(II) Bighorn; 
(III) Forty Mile;
† HR 4783 EAS 
(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) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 410(e). 
(7) FINAL.—The term ‘‘final’’ with reference to 
approval 
of 
the 
decree 
described 
in 
section 
410(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
† HR 4783 EAS 
(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 a final judgment of the United 
States Supreme Court, whichever occurs last. 
(8) FUND.—The term ‘‘Fund’’ means the Crow 
Settlement Fund established by section 411. 
(9) 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). 
(10) JOINT STIPULATION OF SETTLEMENT.— 
The term ‘‘joint stipulation of settlement’’ means 
the joint stipulation of settlement relating to the 
civil action styled Crow Tribe of Indians v. Norton, 
No. 02–284 (D.D.C. 2006). 
(11) 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
† HR 4783 EAS 
by DOWL HKM, and dated July 2008 and up-
dated in a status report prepared by DOWL 
HKM dated December 2009. 
(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; 
(II) the Little Bighorn River Val-
ley Subsystem; and 
(III) Pryor Extension. 
(12) 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;
† HR 4783 EAS 
(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. 
(13) RESERVATION.—The term ‘‘Reservation’’ 
means the area identified as the Reservation on the 
map in appendix 4 of the Compact. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(15) 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; 
(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. 
(16) TRIBAL WATER CODE.—The term ‘‘tribal 
water code’’ means a water code adopted by the 
Tribe in accordance with section 407(f).
† HR 4783 EAS 
(17) 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 408. 
(18) 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). 
SEC. 404. RATIFICATION OF COMPACT. 
(a) RATIFICATION OF COMPACT.— 
(1) IN GENERAL.—Except as modified by this 
title, and to the extent the Compact does not conflict 
with this title, the Compact is authorized, ratified, 
and confirmed. 
(2) AMENDMENTS
TO
COMPACT.—If amend-
ments are executed to make the Compact consistent 
with this title, those amendments are also author-
ized, ratified, and confirmed to the extent such 
amendments are consistent with this title. 
(b) EXECUTION OF COMPACT.— 
(1) IN GENERAL.—To the extent that the Com-
pact does not conflict with this title, the Secretary 
is directed to and shall promptly execute the Com-
† HR 4783 EAS 
pact, including all exhibits to or parts of the Com-
pact requiring the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this title pre-
cludes the Secretary from approving modifications to 
appendices or exhibits to the Compact not incon-
sistent with this title, to the extent such modifica-
tions do not otherwise require Congressional ap-
proval pursuant to section 2116 of the Revised Stat-
utes (25 U.S.C. 177) or other applicable Federal 
law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Com-
pact, 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 environmental Acts 
and regulations. 
(2) EXECUTION OF THE COMPACT.— 
(A) IN GENERAL.—Execution of the Com-
pact 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.).
† HR 4783 EAS 
(B) COMPLIANCE.—The Secretary shall 
carry out all Federal compliance activities nec-
essary to implement the Compact. 
SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW 
IRRIGATION PROJECT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and without altering applicable law (including 
regulations) under which the Bureau of Indian Affairs col-
lects assessments and carries out CIP OM&R, other than 
the rehabilitation and improvement carried out under this 
section, the Secretary, acting through the Commissioner 
of Reclamation, shall carry out such activities as are nec-
essary to rehabilitate and improve the water diversion and 
delivery features of the Crow Irrigation Project, in accord-
ance with an agreement to be negotiated between the Sec-
retary and the Tribe. 
(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.— 
(1) IN GENERAL.—The scope of the rehabilita-
tion and improvement under this section shall be as 
generally described in the document entitled ‘‘Engi-
neering Evaluation of Existing Conditions, Crow
† HR 4783 EAS 
Agency Rehabilitation Study’’ prepared by DOWL 
HKM, and dated August 2007 and updated in a sta-
tus report dated December 2009 by DOWL HKM, 
on the condition that prior to beginning construction 
activities, the Secretary shall review the design of 
the proposed rehabilitation or improvement and per-
form value engineering analyses. 
(2) NEGOTIATION WITH TRIBE.—On the basis 
of the review described in paragraph (1), the Sec-
retary shall negotiate with the Tribe appropriate 
changes to the final design so that the final design 
meets applicable industry standards, as well as 
changes, if any, that would improve the cost-effec-
tiveness of the delivery of irrigation water and take 
into consideration the equitable distribution of water 
to allottees. 
(d) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(e) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall 
not exceed $131,843,000, except that the total amount of 
$131,843,000 shall be increased or decreased, as appro-
priate, based on ordinary fluctuations from May 1, 2008,
† HR 4783 EAS 
in construction cost indices applicable to the types of con-
struction involved in the rehabilitation and improvement. 
(f) TRIBAL IMPLEMENTATION AGREEMENT.— 
(1) IN GENERAL.—At the request of the Tribe, 
in accordance with applicable Federal law, the Sec-
retary shall enter into 1 or more agreements with 
the Tribe to implement the provisions of this section 
by which the Tribe shall plan, design, and construct 
any or all of the rehabilitation and improvement re-
quired by this section. 
(2) OVERSIGHT COSTS.—The Bureau of Rec-
lamation and the Tribe shall negotiate the cost of 
any oversight activities carried out by the Bureau of 
Reclamation for each agreement under this section, 
provided that the total cost for that oversight shall 
not exceed 4 percent of the total project costs. 
(g) ACQUISITION OF LAND.— 
(1) TRIBAL
EASEMENTS
AND
RIGHTS-OF- 
WAY.— 
(A) IN GENERAL.—Upon request, and in 
partial consideration for the funding provided 
under section 414(a), the Tribe shall consent to 
the grant of such easements and rights-of-way 
over tribal land as may be necessary for the re-
habilitation and improvement of the Crow Irri-
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† HR 4783 EAS 
gation Project authorized by this section at no 
cost to the United States. 
(B) JURISDICTION.—The Tribe shall re-
tain criminal and civil jurisdiction over any 
lands that were subject to tribal jurisdiction 
prior to the granting of an easement or right- 
of-way in connection with the rehabilitation and 
improvement of the Crow Irrigation Project. 
(2) USER EASEMENTS AND RIGHTS-OF-WAY.— 
In partial consideration of the rehabilitation and im-
provement of the Crow Irrigation Project authorized 
by this section and as a condition of continued serv-
ice from the Crow Irrigation Project after the en-
forceability date, any water user of the Crow Irriga-
tion Project shall consent to the grant of such ease-
ments and rights-of-way as may be necessary for the 
rehabilitation and improvements authorized under 
this section at no cost to the Secretary. 
(3) 
LAND
ACQUIRED
BY
THE
UNITED 
STATES.—Land acquired by the United States in 
connection with rehabilitation and improvement of 
the Crow Irrigation Project authorized by this sec-
tion shall be held in trust by the United States on 
behalf of the Tribe as part of the Reservation of the 
Tribe.
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(h) PROJECT MANAGEMENT COMMITTEE.—The Sec-
retary shall facilitate the formation of a project manage-
ment committee composed of representatives from the Bu-
reau of Reclamation, the Bureau of Indian Affairs, and 
the Tribe— 
(1) to review cost factors and budgets for con-
struction, operation, and maintenance activities re-
lating to the Crow Irrigation Project; 
(2) to improve management of inherently gov-
ernmental activities through enhanced communica-
tion; and 
(3) to seek additional ways to reduce overall 
costs for the rehabilitation and improvement of the 
Crow Irrigation Project. 
SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and con-
struct the water diversion and delivery features of the 
MR&I System, in accordance with 1 or more agreements 
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.—
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† HR 4783 EAS 
(1) IN GENERAL.—The scope of the design and 
construction under this section shall be as generally 
described in the document entitled ‘‘Crow Indian 
Reservation Municipal, Rural and Industrial Water 
System Engineering Report’’ prepared by DOWL 
HKM, and dated July 2008 and updated in a status 
report dated December 2009 by DOWL HKM, on 
the condition that prior to beginning construction 
activities, the Secretary shall review the design of 
the proposed MR&I System and perform value engi-
neering analyses. 
(2) NEGOTIATION WITH TRIBE.—On the basis 
of the review described in paragraph (1), the Sec-
retary shall negotiate with the Tribe appropriate 
changes to the final design so that the final design 
meets applicable industry standards, as well as 
changes, if any, that would improve the cost-effec-
tiveness of the delivery of MR&I System water and 
take into consideration the equitable distribution of 
water to allottees. 
(d) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(e) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall
103 
† HR 4783 EAS 
not exceed $246,381,000, except that the total amount of 
$246,381,000 shall be increased or decreased, as appro-
priate, based on ordinary fluctuations from May 1, 2008, 
in construction cost indices applicable to the types of con-
struction involved in the design and construction of the 
MR&I System. 
(f) TRIBAL IMPLEMENTATION AGREEMENT.— 
(1) IN GENERAL.—At the request of the Tribe, 
in accordance with applicable Federal law, the Sec-
retary shall enter into 1 or more agreements with 
the Tribe to implement the provisions of this section 
by which the Tribe shall plan, design, and construct 
any or all of the rehabilitation and improvement re-
quired by this section. 
(2) OVERSIGHT COSTS.—The Bureau of Rec-
lamation and the Tribe shall negotiate the cost of 
any oversight activities carried out by the Bureau of 
Reclamation for each agreement under this section, 
provided that the total cost for that oversight shall 
not exceed 4 percent of the total project costs. 
(g) ACQUISITION OF LAND.— 
(1) TRIBAL
EASEMENTS
AND
RIGHTS-OF- 
WAY.— 
(A) IN GENERAL.—Upon request, and in 
partial consideration for the funding provided
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† HR 4783 EAS 
under section 414(b), the Tribe shall consent to 
the grant of such easements and rights-of-way 
over tribal land as may be necessary for the 
construction of the MR&I System authorized by 
this section at no cost to the United States. 
(B) JURISDICTION.—The Tribe shall re-
tain criminal and civil jurisdiction over any 
lands that were subject to tribal jurisdiction 
prior to the granting of an easement or right- 
of-way in connection with the construction of 
the MR&I System. 
(2) 
LAND
ACQUIRED
BY
THE
UNITED 
STATES.—Land acquired by the United States in 
connection with the construction of the MR&I Sys-
tem authorized by this section shall be held in trust 
by the United States on behalf of the Tribe as part 
of the Reservation of the Tribe. 
(h) 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) 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.
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(2) LIABILITY.— 
(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’’). 
(3) 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 such 
MR&I System facility or section of a MR&I System 
facility.
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or taxation of the MR&I System or the underlying Res-
ervation land. 
(k) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to prepare the Tribe for oper-
ation of the MR&I System, including operation and man-
agement training. 
(l) PROJECT MANAGEMENT COMMITTEE.—The Sec-
retary shall facilitate the formation of a project manage-
ment committee composed of representatives from the Bu-
reau of Reclamation, the Bureau of Indian Affairs, and 
the Tribe— 
(1) to review cost factors and budgets for con-
struction, operation and maintenance activities for 
the MR&I System; 
(2) to improve management of inherently gov-
ernmental activities through enhanced communica-
tion; and 
(3) to seek additional ways to reduce overall 
costs for the MR&I System. 
(m) NON-FEDERAL CONTRIBUTION.— 
(1) IN GENERAL.—Prior to completion of the 
final design of the MR&I System required by sub-
section (c), the Secretary shall consult with the 
Tribe, the State of Montana, and other affected non- 
Federal parties to discuss the possibility of receiving
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† HR 4783 EAS 
non-Federal contributions to the cost of the MR&I 
System. 
(2) NEGOTIATIONS.—If, based on the extent to 
which non-Federal parties are expected to use the 
MR&I System, a non-Federal contribution to the 
MR&I System is determined by the parties described 
in paragraph (1) to be appropriate, the Secretary 
shall initiate negotiations for an agreement on the 
means by which such contributions may be provided. 
SEC. 407. 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 possess as of the 
date of enactment of this Act, taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Compact and this title; 
(2) the availability of funding under this title 
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 title to 
protect the interests of allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHTS.—
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† HR 4783 EAS 
(1) IN GENERAL.—The tribal water rights are 
ratified, confirmed, and declared to be valid. 
(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— 
(1) 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; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(d) ALLOTTEES.— 
(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) EXHAUSTION
OF
REMEDIES.—Before as-
serting any claim against the United States under
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† HR 4783 EAS 
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. 
(5) 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. 
(6) AUTHORITY.—The Secretary shall have the 
authority to protect the rights of allottees as speci-
fied 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 
right determined to be appurtenant to the interest in 
land.
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† HR 4783 EAS 
(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 3 years after the date on which 
the Tribe ratifies the Compact as set forth in section 
410(e)(1)(E), 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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† HR 4783 EAS 
(C) there is a process by which an allottee 
may request that the Tribe provide water for ir-
rigation use in accordance with this title; 
(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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† HR 4783 EAS 
(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.—The Secretary 
shall approve or disapprove the tribal water 
code within a reasonable period of time after 
the date on which the Tribe submits it to the 
Secretary. 
(g) EFFECT.—Except as otherwise specifically pro-
vided in this section, nothing in this title— 
(1) authorizes any action by an allottee against 
any individual or entity, or against the Tribe, under 
Federal, State, tribal, or local law; or
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† HR 4783 EAS 
(2) alters or affects the status of any action 
pursuant to section 1491(a) of title 28, United 
States Code. 
SEC. 408. 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— 
(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.—
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† HR 4783 EAS 
(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, 
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
116 
† HR 4783 EAS 
allocation, in accordance with the terms and condi-
tions of the Compact and this title. 
(2) INCLUSIONS.—The allocation agreement 
under paragraph (1) shall include, among other 
things, a provision that— 
(A) the agreement 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— 
(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
117 
† HR 4783 EAS 
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; 
(F) no water service capital charges shall 
be due or payable for any water allocated to the 
Tribe pursuant to this title 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); 
(G) the Tribe shall not be required to 
make payments to the United States for any 
water allocated to the Tribe pursuant to this 
title and the allocation agreement except for 
each acre-foot of stored water leased or sold for 
industrial purposes; and 
(H) for each acre-foot of stored water 
leased or sold by the Tribe for industrial pur-
poses—
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† HR 4783 EAS 
(i) the Tribe shall pay annually to the 
United States an amount to cover the pro-
portionate share of the annual operation, 
maintenance, and replacement costs for the 
Yellowtail Unit allocable to the amount of 
water for industrial purposes leased or sold 
by the Tribe; and 
(ii) the annual payments of the Tribe 
shall be reviewed and adjusted, as appro-
priate, to reflect the actual operation, 
maintenance, and replacement costs for the 
Yellowtail Unit. 
(c) TEMPORARY TRANSFER FOR USE OFF RESERVA-
TION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of statutory or common law and 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.
119 
† HR 4783 EAS 
(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.—As of 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— 
(A) renewing the storage contract with 
Pennsylvania Power and Light Company con-
sistent with the allocation to Pennsylvania 
Power and Light Company in existence on the 
date of enactment of this Act; or 
(B) entering into future agreements with 
either the Northern Cheyenne Tribe or the 
Crow Tribe facilitating either tribe’s use of its 
respective allocation of water from Bighorn 
Lake. 
SEC. 409. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.— 
(1) SATISFACTION
OF
TRIBAL
CLAIMS.—The 
benefits realized by the Tribe under this title shall 
be in complete replacement of and substitution for,
121 
† HR 4783 EAS 
allottees with respect to the transfer of funds for the 
rehabilitation, expansion, improvement, repair, oper-
ation, or maintenance of the Crow Irrigation Project 
shall be deemed to have been satisfied. 
(3) EFFECT.—Except as provided in section 
405, nothing in this title affects any applicable law 
(including regulations) under which the United 
States collects irrigation assessments from— 
(A) non-Indian users of the Crow Irriga-
tion Project; and 
(B) the Tribe, tribal entities and instru-
mentalities, tribal members, allottees, and enti-
ties owned by the Tribe, tribal members, or 
allottees, to the extent that annual irrigation 
assessments on such tribal water users exceed 
the amount of funds available under section 
411(e)(3)(D) for costs relating to CIP OM&R. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing subsection (a) and except as provided in section 
407, nothing in this title recognizes or establishes any 
right of a member of the Tribe or an allottee to water 
within the Reservation or the ceded strip. 
SEC. 410. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.—
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† HR 4783 EAS 
(1) WAIVER AND RELEASE OF CLAIMS BY THE 
TRIBE AND THE UNITED STATES ACTING IN ITS CA-
PACITY AS TRUSTEE FOR THE TRIBE.—Subject to 
the retention of rights set forth in subsection (c), in 
return for recognition of the tribal water rights and 
other benefits as set forth in the Compact and this 
title, the Tribe, on behalf of itself and the members 
of the Tribe (but not tribal members in their capac-
ities as allottees), and the United States, acting as 
trustee for the Tribe and the members of the Tribe 
(but not tribal members in their capacities as 
allottees), are authorized and directed to execute a 
waiver and release of all claims for water rights 
within the State of Montana that the Tribe, or the 
United States acting as trustee for the Tribe, as-
serted, or could have asserted, in any proceeding, in-
cluding the State of Montana stream adjudication, 
prior to and including the enforceability date, except 
to the extent that such rights are recognized in the 
Compact or this title. 
(2) WAIVER AND RELEASE OF CLAIMS BY THE 
UNITED STATES ACTING IN ITS CAPACITY AS TRUST-
EE FOR ALLOTTEES.—Subject to the retention of 
rights set forth in subsection (c), in return for rec-
ognition of the water rights of the Tribe and other
123 
† HR 4783 EAS 
benefits as set forth in the Compact and this title, 
the United States, acting as trustee for allottees, is 
authorized and directed to execute a waiver and re-
lease of all claims for water rights within the Res-
ervation and the ceded strip that the United States, 
acting as trustee for the allottees, asserted, or could 
have asserted, in any proceeding, including the State 
of Montana stream adjudication, prior to and includ-
ing the enforceability date, except to the extent that 
such rights are recognized in the Compact or this 
title. 
(3) WAIVER AND RELEASE OF CLAIMS BY THE 
TRIBE AGAINST THE UNITED STATES.—Subject to 
the retention of rights set forth in subsection (c), the 
Tribe, on behalf of itself and the members of the 
Tribe (but not Tribal members in their capacities as 
allottees), is authorized to execute a waiver and re-
lease of— 
(A) all claims against the United States, 
including the agencies and employees of the 
United States, relating to claims for water 
rights within the State of Montana that the 
United States, acting as trustee for the Tribe, 
asserted, or could have asserted, in any pro-
ceeding, including the State of Montana stream
124 
† HR 4783 EAS 
adjudication, except to the extent that such 
rights are recognized as tribal water rights in 
this title, including all claims relating in any 
manner to the claims reserved against the 
United States or agencies or employees of the 
United States in section 4(e) of the joint stipu-
lation of settlement; 
(B) all claims against the United States, 
including the agencies and employees of the 
United States, relating to damages, losses, or 
injuries to water, water rights, land, or natural 
resources due to loss of water or water rights 
(including damages, losses, or injuries to hunt-
ing, fishing, gathering, or cultural rights due to 
loss of water or water rights, claims relating to 
interference with, diversion or taking of water, 
or claims relating to failure to protect, acquire, 
replace, or develop water, water rights, or water 
infrastructure) within the State of Montana 
that first accrued at any time prior to and in-
cluding the enforceability date, including all 
claims relating to the failure to establish or pro-
vide a municipal rural or industrial water deliv-
ery system on the Reservation and all claims re-
lating to the failure to provide for, operate, or
125 
† HR 4783 EAS 
maintain the Crow Irrigation Project, or any 
other irrigation system or irrigation project on 
the Reservation; 
(C) all claims against the United States, 
including the agencies and employees of the 
United States, relating to the pending litigation 
of claims relating to the water rights of the 
Tribe in the State of Montana; 
(D) all claims against the United States, 
including the agencies and employees of the 
United States, relating to the negotiation, exe-
cution, or the adoption of the Compact (includ-
ing exhibits) or this title; 
(E) subject to the retention of rights set 
forth in subsection (c), all claims for monetary 
damages against the United States that first 
accrued at any time prior to and including the 
enforceability date with respect to— 
(i) the failure to recognize or enforce 
the claim of the Tribe of title to land cre-
ated by the movement of the Bighorn 
River; and 
(ii) the failure to make productive use 
of that land created by the movement of
126 
† HR 4783 EAS 
the Bighorn River to which the Tribe has 
claimed title; 
(F) all claims against the United States 
that first accrued at any time prior to and in-
cluding the enforceability date arising from the 
taking or acquisition of the land of the Tribe or 
resources for the construction of the Yellowtail 
Dam; 
(G) all claims against the United States 
that first accrued at any time prior to and in-
cluding the enforceability date relating to the 
construction and operation of Yellowtail Dam 
and the management of Bighorn Lake; and 
(H) all claims that first accrued at any 
time prior to and including the enforceability 
date relating to the generation, or the lack 
thereof, of power from Yellowtail Dam. 
(b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 
The waivers under subsection (a) shall take effect on the 
enforceability date. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases au-
thorized in this title, the Tribe on behalf of itself and the 
members of the Tribe and the United States, acting as 
trustee for the Tribe and allottees, retain—
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† HR 4783 EAS 
(1) all claims for enforcement of the Compact, 
any final decree, or this title; 
(2) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(3) all claims relating to activities affecting the 
quality of water, including any claims the Tribe may 
have under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), including for 
damages to natural resources; 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(4) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss 
of water or water rights (including hunting, fishing, 
gathering, or cultural rights); 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this title or article VII(E) of the Compact;
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(6) all claims against any person or entity other 
than the United States, including claims for mone-
tary damages, with respect to— 
(A) the claim of the Tribe of title to land 
created by the movement of the Bighorn River; 
and 
(B) the productive use of that land created 
by the movement of the Bighorn River to which 
the Tribe has claimed title; and 
(7) all claims that first accrued after the en-
forceability date with respect to claims otherwise 
waived in accordance with subparagraphs (B) and 
(E) through (H) of subsection (a)(3). 
(d) EFFECT OF COMPACT AND TITLE.—Nothing in 
the Compact or this title— 
(1) affects the ability of the United States, act-
ing as sovereign, to take actions authorized by law, 
including any laws relating to health, safety, or the 
environment, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.);
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† HR 4783 EAS 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(2) affects the ability of the United States to 
take actions acting as trustee for any other Indian 
tribe or allottee of any other Indian tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or other parties pursuant to Federal law 
regarding health, safety, or the environment; or 
(C) to conduct judicial review of Federal 
agency action; 
(4) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe; or 
(5) revives any claims waived by the Tribe in 
the joint stipulation of settlement. 
(e) ENFORCEABILITY DATE.— 
(1) IN GENERAL.—The enforceability date shall 
be the date on which the Secretary publishes in the 
Federal Register a statement of findings that—
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† HR 4783 EAS 
(A)(i) the Montana Water Court has 
issued a final judgment and decree approving 
the Compact; or 
(ii) if the Montana Water Court is found 
to lack jurisdiction, the district court of juris-
diction has approved the Compact as a consent 
decree and such approval is final; 
(B) all of the funds made available under 
subsections (c) through (f) of section 414 have 
been deposited in the Fund; 
(C) the Secretary has executed the agree-
ments with the Tribe required by sections 
405(a) and 406(a); 
(D) the State of Montana has appropriated 
and paid into an interest-bearing escrow ac-
count any payments due as of the date of en-
actment of this Act to the Tribe under the 
Compact; 
(E)(i) the Tribe has ratified the Compact 
by submitting this title and the Compact to a 
vote by the tribal membership for approval or 
disapproval; and 
(ii) the tribal membership has voted to ap-
prove this title and the Compact by a majority
131 
† HR 4783 EAS 
of votes cast on the day of the vote, as certified 
by the Secretary and the Tribe; 
(F) the Secretary has fulfilled the require-
ments of section 408(a); and 
(G) the waivers and releases authorized 
and set forth in subsection (a) have been exe-
cuted by the Tribe and the Secretary. 
(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 made available to carry out this title are 
transferred to the Secretary. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(g) EXPIRATION AND TOLLING.—In the event that 
all appropriations authorized by this Act have not been 
made available to the Secretary by June 30, 2030— 
(1) the waivers authorized in this section shall 
expire and be of no further force or effect; and
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† HR 4783 EAS 
(2) all statutes of limitations applicable to any 
claim otherwise waived shall be tolled until June 30, 
2030. 
(h) VOIDING OF WAIVERS.—If the waivers pursuant 
to this section are void under subsection (g)— 
(1) the United States’ approval of the Compact 
under section 404 shall no longer be effective; 
(2) any unexpended Federal funds appropriated 
or made available to carry out the activities author-
ized in this Act, together with any interest earned on 
those funds, and any water rights or contracts to 
use water and title to other property acquired or 
constructed with Federal funds appropriated or 
made available to carry out the activities authorized 
in this Act shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Tribe and 
the United States and approved by Congress; and 
(3) except for Federal funds used to acquire or 
develop property that is returned to the Federal 
Government under paragraph (2), the United States 
shall be entitled to set off any Federal funds appro-
priated or made available to carry out the activities 
authorized in this Act that were expended or with-
drawn, together with any interest accrued, against 
any claims against the United States relating to
133 
† HR 4783 EAS 
water rights in the State of Montana asserted by the 
Tribe or in any future settlement of the water rights 
of the Crow Tribe. 
SEC. 411. CROW SETTLEMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as ‘‘the 
Crow Settlement Fund’’, to be administered by the Sec-
retary for the purpose of carrying out this title. 
(b) TRANSFERS TO FUND.—The Fund shall consist 
of such amounts as are deposited in the Fund under sub-
sections (c) through (h) of section 414. 
(c) ACCOUNTS OF CROW SETTLEMENT FUND.—The 
Secretary shall establish in the Fund the following ac-
counts: 
(1) The Tribal Compact Administration ac-
count, consisting of amounts made available pursu-
ant to section 414(c). 
(2) The Energy Development Projects account, 
consisting of amounts made available pursuant to 
section 414(d). 
(3) The MR&I System OM&R Account, con-
sisting of amounts made available pursuant to sec-
tion 414(e). 
(4) The CIP OM&R Account, consisting of 
amounts made available pursuant to section 414(f).
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† HR 4783 EAS 
(d) DEPOSITS TO CROW SETTLEMENT FUND.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall promptly deposit in the Fund any amounts 
appropriated for that purpose. 
(2) PRIORITY OF DEPOSITS TO ACCOUNTS.—Of 
the amounts appropriated for deposit in the Fund, 
the Secretary of the Treasury shall deposit amounts 
in the accounts listed in subsection (c)— 
(A) in full; and 
(B) in the order listed in subsection (c). 
(e) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Fund, make investments from the Fund, and 
make amounts available from the Fund for distribu-
tion to the Tribe consistent with the American In-
dian Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.). 
(2) 
INVESTMENT
OF
CROW
SETTLEMENT 
FUND.—Beginning on the enforceability date, the 
Secretary shall invest amounts in the Fund in ac-
cordance with— 
(A) the Act of April 1, 1880 (25 U.S.C. 
161); 
(B) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); and
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† HR 4783 EAS 
(C) the obligations of Federal corporations 
and Federal Government-sponsored entities, the 
charter documents of which provide that the ob-
ligations of the entities are lawful investments 
for federally managed funds, including— 
(i) the obligations of the United 
States Postal Service described in section 
2005 of title 39, United States Code; 
(ii) bonds and other obligations of the 
Tennessee Valley Authority described in 
section 15d of the Tennessee Valley Au-
thority Act of 1933 (16 U.S.C. 831n–4); 
(iii) mortgages, obligations, and other 
securities of the Federal Home Loan Mort-
gage Corporation described in section 303 
of the Federal Home Loan Mortgage Cor-
poration Act (12 U.S.C. 1452); and 
(iv) bonds, notes, and debentures of 
the Commodity Credit Corporation de-
scribed in section 4 of the Act of March 8, 
1938 (15 U.S.C. 713a–4). 
(3) DISTRIBUTIONS FROM CROW SETTLEMENT 
FUND.—
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† HR 4783 EAS 
(A) IN
GENERAL.—Amounts from the 
Fund shall be used for each purpose described 
in subparagraphs (B) through (E). 
(B) TRIBAL
COMPACT
ADMINISTRATION 
ACCOUNT.—The Tribal Compact Administration 
account shall be used for expenditures by the 
Tribe for Tribal Compact Administration. 
(C) ENERGY DEVELOPMENT PROJECTS AC-
COUNT.—The Energy Development Projects ac-
count shall be used for expenditures by the 
Tribe for the following types of energy develop-
ment on the Reservation, the ceded strip, and 
land owned by the Tribe: 
(i) Development and marketing of 
power 
generation 
on 
the 
Yellowtail 
Afterbay 
Dam 
authorized 
in 
section 
412(b). 
(ii) Development of clean coal conver-
sion projects. 
(iii) Renewable energy projects other 
than the project described in clause (i). 
(D) CIP OM&R ACCOUNT.— 
(i) IN
GENERAL.—Amounts in the 
CIP OM&R Account shall be used for CIP 
OM&R costs.
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† HR 4783 EAS 
(ii) REDUCTION OF COSTS TO TRIBAL 
WATER USERS.— 
(I) IN
GENERAL.—Subject to 
subclause (II), the funds described in 
clause (i) shall be used to reduce the 
CIP OM&R costs to all tribal water 
users on a proportional basis for a 
given year. 
(II) LIMITATION
ON
USE
OF 
FUNDS.—Funds in the CIP OM&R 
Account shall be used to pay irriga-
tion assessments only for the Tribe, 
tribal entities and instrumentalities, 
tribal members, allottees, and entities 
owned by the Tribe, tribal members, 
or allottees. 
(E) MR&I 
SYSTEM
OM&R
ACCOUNT.— 
Funds from the MR&I System OM&R Account 
shall be used to assist the Tribe in paying 
MR&I System OM&R costs. 
(4) WITHDRAWALS BY TRIBE.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of amounts in the Fund on 
approval by the Secretary of a tribal manage-
ment plan in accordance with the American In-
138 
† HR 4783 EAS 
dian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—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 of the Tribe under sub-
paragraph (A) shall require that the Tribe 
spend any amounts withdrawn from the 
Fund in accordance with this title. 
(ii) ENFORCEMENT.—The Secretary 
may carry out such judicial or administra-
tive actions as the Secretary determines to 
be necessary to enforce a tribal manage-
ment plan to ensure that amounts with-
drawn by the Tribe from the Fund under 
this paragraph are used in accordance with 
this title. 
(C) LIABILITY.—The Secretary and the 
Secretary of the Treasury shall not be liable for 
the expenditure or investment of amounts with-
drawn from the Fund by the Tribe under this 
paragraph. 
(D) EXPENDITURE PLAN.—
139 
† HR 4783 EAS 
(i) IN
GENERAL.—For each fiscal 
year, the Tribe shall submit to the Sec-
retary for approval an expenditure plan for 
any portion of the amounts described in 
subparagraph (A) that the Tribe elects not 
to withdraw under this paragraph during 
the fiscal year. 
(ii) INCLUSION.—An expenditure plan 
under clause (i) shall include a description 
of the manner in which, and the purposes 
for which, amounts of the Tribe remaining 
in the Fund will be used during subse-
quent fiscal years. 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan if the Sec-
retary determines that the plan is— 
(I) reasonable; and 
(II) consistent with this title. 
(5) ANNUAL REPORTS.—The Tribe shall submit 
to the Secretary annual reports describing each ex-
penditure by the Tribe of amounts in the Fund dur-
ing the preceding calendar year. 
(6) CERTAIN PER CAPITA DISTRIBUTIONS PRO-
HIBITED.—No amount in the Fund shall be distrib-
140 
† HR 4783 EAS 
uted to any member of the Tribe on a per capita 
basis. 
(f) AVAILABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amounts in the Fund shall be avail-
able for use by the Secretary and withdrawal by the 
Tribe beginning on the enforceability date. 
(2) EXCEPTION.—The amounts made available 
under section 414(c) shall be available for use by the 
Secretary and withdrawal by the Tribe beginning on 
the date on which the Tribe ratifies the Compact as 
provided in section 410(e)(1)(E). 
(g) STATE CONTRIBUTION.—The State of Montana 
contribution to the Fund shall be provided in accordance 
with article VI(A) of the Compact. 
(h) SEPARATE APPROPRIATIONS ACCOUNT.—Section 
1105(a) of title 31, United States Code, is amended— 
(1) by redesignating paragraphs (35) and (36) 
as paragraphs (36) and (37), respectively; 
(2) by redesignating the second paragraph (33) 
(relating to obligational authority and outlays re-
quested for homeland security) as paragraph (35); 
and 
(3) by adding at the end the following:
141 
† HR 4783 EAS 
‘‘(38) a separate statement for the Crow Settle-
ment Fund established under section 411 of the 
Crow Tribe Water Rights Settlement Act of 2010, 
which shall include the estimated amount of deposits 
into the Fund, obligations, and outlays from the 
Fund.’’. 
SEC. 412. YELLOWTAIL DAM, MONTANA. 
(a) STREAMFLOW AND LAKE LEVEL MANAGEMENT 
PLAN.— 
(1) IN
GENERAL.—Nothing in this title, the 
Compact, or the Streamflow and Lake Level Man-
agement Plan referred to in article III(A)(7) of the 
Compact— 
(A) limits the discretion of the Secretary 
under the section 4F of that plan; or 
(B) requires the Secretary to give priority 
to any factor described in section 4F of that 
plan over any other factor described in that sec-
tion. 
(2) BIGHORN
LAKE
MANAGEMENT.—Bighorn 
Lake water management, including the Streamflow 
and Lake Level Management Plan, is a Federal ac-
tivity, and the review and enforcement of any water 
management decisions relating to Bighorn Lake 
shall be as provided by Federal law.
142 
† HR 4783 EAS 
(3) APPLICABILITY
OF
PARAGRAPHS
(1)
AND 
(2).—The Streamflow and Lake Level Management 
Plan referred to in and part of the Compact shall be 
interpreted to clearly reflect paragraphs (1) and (2). 
(4) APPLICABILITY
OF
INSTREAM
FLOW
RE-
QUIREMENTS IN PLAN.—Notwithstanding any term 
(including any defined term) or provision in the 
Streamflow and Lake Level Management Plan, for 
purposes of this title, the Compact, and the 
Streamflow and Lake Level Management Plan, any 
requirement in the Streamflow and Lake Level Man-
agement Plan that the Tribe dedicate a specified 
percentage, portion, or number of acre-feet of water 
per year of the tribal water rights to instream flow 
means (and is limited in meaning and effect to) an 
obligation on the part of the Tribe to withhold from 
development or otherwise refrain from diverting or 
removing from the Bighorn River the specified quan-
tity of water for the duration, at the locations, and 
under the conditions set forth in the applicable re-
quirement. 
(b) POWER GENERATION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Tribe shall have the exclusive 
right to develop and market power generation on the
143 
† HR 4783 EAS 
Yellowtail Afterbay Dam, provided that this exclu-
sive right shall expire 15 years after the date of en-
actment of this Act if construction has not been sub-
stantially completed on the power generation project 
of the Tribe. 
(2) BUREAU
OF
RECLAMATION
COOPERA-
TION.—The Bureau of Reclamation shall cooperate 
with the Tribe on the development of any power gen-
eration project under this subsection. 
(3) AGREEMENT.—Before construction of a 
power generation project under this subsection, the 
Tribe shall enter into an agreement with the Bureau 
of Reclamation that contains provisions that— 
(A) allocate the responsibilities for the de-
sign, construction, and operations of the 
project; 
(B) assure the compatibility of the power 
generation project with the operations of the 
Yellowtail Unit and the Yellowtail Afterbay 
Dam, which shall include entering into agree-
ments— 
(i) regarding operating criteria and 
emergency procedures, as they relate to 
dam safety; and
144 
† HR 4783 EAS 
(ii) under which, should the Tribe 
propose any modifications to facilities 
owned by the Bureau of Reclamation, the 
proposed modifications shall be subject to 
review and approval by the Secretary, act-
ing through the Bureau of Reclamation; 
(C) beginning 10 years after the date on 
which the Tribe begins marketing power gen-
erated from the Yellowtail Afterbay Dam, the 
Tribe shall make annual payments for oper-
ation, maintenance, and replacement costs in 
amounts determined in accordance with the 
guidelines and methods of the Bureau of Rec-
lamation for assessing operation, maintenance, 
and replacement charges, provided that such 
annual payments shall not exceed 3 percent of 
gross annual revenue produced by the sale of 
electricity generated by such project; and 
(D) the Secretary— 
(i) shall review the charges established 
in the agreement on the date that is 5 
years after the date on which the Tribe 
makes the first payment described in sub-
paragraph (C) to the Secretary under the
145 
† HR 4783 EAS 
agreement and at 5 year intervals there-
after; and 
(ii) may increase or decrease the 
charges in proportion to the amount of any 
increase or decrease in the costs of oper-
ation, maintenance, and replacement for 
the Yellowtail Afterbay Dam, provided that 
any increase in operation, maintenance, 
and replacement costs assessed to the 
Tribe may not exceed— 
(I) 5 percent in any 5 year pe-
riod; and 
(II) 3 percent of the gross annual 
revenue produced by the sale of elec-
tricity generated by such project. 
(4) USE
OF
POWER
BY
TRIBE.—Any hydro-
electric power generated in accordance with this sub-
section shall be used or marketed by the Tribe. 
(5) REVENUES.—The Tribe shall retain any 
revenues from the sale of hydroelectric power gen-
erated by a project under this subsection. 
(6) 
LIABILITY
OF
UNITED
STATES.—The 
United States shall have no trust obligation to mon-
itor, administer, or account for—
146 
† HR 4783 EAS 
(A) the revenues received by the Tribe 
under this subsection; or 
(B) the expenditure of the revenues re-
ceived by the Tribe under this subsection. 
(c) CONSULTATION WITH TRIBE.—The Bureau of 
Reclamation shall consult with the Tribe on at least a 
quarterly basis on all issues relating to the management 
of Yellowtail Dam by the Bureau of Reclamation. 
(d) AMENDMENTS TO COMPACT AND PLAN.—The 
provisions of subsection (a) apply to any amendment to— 
(1) the Compact; or 
(2) the Streamflow and Lake Level Manage-
ment Plan. 
SEC. 413. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Except as provided in subsections (a) 
through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 
title waives the sovereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this title quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian tribe, band, or community other than the 
Tribe.
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† HR 4783 EAS 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 
With respect to Indian land within the Reservation or the 
ceded strip— 
(1) the United States shall not submit against 
any Indian-owned land located within the Reserva-
tion or the ceded strip any claim for reimbursement 
of the cost to the United States of carrying out this 
title and the Compact; and 
(2) no assessment of any Indian-owned land lo-
cated within the Reservation or the ceded strip shall 
be made regarding that cost. 
(d) 
LIMITATION
ON
LIABILITY
OF
UNITED 
STATES.— 
(1) IN GENERAL.—The United States has no 
trust or other obligation— 
(A) to monitor, administer, or account for, 
in any manner, any funds provided to the Tribe 
by any party to the Compact other than the 
United States; or 
(B) to review or approve any expenditure 
of those funds. 
(2) INDEMNIFICATION.—The Tribe shall indem-
nify the United States, and hold the United States 
harmless, with respect to all claims (including claims 
for takings or breach of trust) arising from the re-
148 
† HR 4783 EAS 
ceipt or expenditure of amounts described in para-
graph (1)(A). 
(e) EFFECT ON CURRENT LAW.—Nothing in this sec-
tion affects any provision of law (including regulations) 
in effect on the day before the date of enactment of this 
Act with respect to preenforcement review of any Federal 
environmental enforcement action. 
(f) LIMITATIONS ON EFFECT.— 
(1) IN
GENERAL.—Nothing in this title, the 
Compact, or the Streamflow and Lake Level Man-
agement Plan referred to in article III(A)(7) of the 
Compact— 
(A) limits, expands, alters, or otherwise af-
fects— 
(i) the meaning, interpretation, imple-
mentation, application, or effect of any ar-
ticle, provision, or term of the Yellowstone 
River Compact; 
(ii) any right, requirement, or obliga-
tion under the Yellowstone River Compact; 
(iii) any allocation (or manner of de-
termining any allocation) of water under 
the Yellowstone River Compact; or 
(iv) any present or future claim, de-
fense, or other position asserted in any
149 
† HR 4783 EAS 
legal, administrative, or other proceeding 
arising under or relating to the Yellow-
stone River Compact (including the origi-
nal proceeding between the State of Mon-
tana and the State of Wyoming pending as 
of the date of enactment of this Act before 
the United States Supreme Court); 
(B) makes an allocation or apportionment 
of water between or among States; 
(C) addresses or implies whether, how, or 
to what extent (if any)— 
(i) the tribal water rights, or any por-
tion of the tribal water rights, should be 
accounted for as part of or otherwise 
charged against any allocation of water 
made to a State under the provisions of 
the Yellowstone River Compact; or 
(ii) the Yellowstone River Compact in-
cludes the tribal water rights or the water 
right of any Indian tribe as part of any al-
location or other disposition of water under 
that compact; or 
(D) waives the sovereign immunity from 
suit of any State under the Eleventh Amend-
ment to the Constitution of the United States,
150 
† HR 4783 EAS 
except as expressly authorized in Article 
IV(F)(8) of the Compact. 
(2) EFFECT OF CERTAIN PROVISIONS IN COM-
PACT.—The provisions in paragraphs (1) and (2) of 
article III (A)(6)(a), paragraphs (1) and (2) of arti-
cle III(B)(6)(a), paragraphs (1) and (2) of article 
III(E)(6)(a), and paragraphs (1) and (2) of article 
III (F)(6)(a) of the Compact that provide protec-
tions to certain water rights recognized under the 
laws of the State of Montana do not affect in any 
way, either directly or indirectly, existing or future 
water rights (including the exercise of any such 
rights) outside of the State of Montana. 
(g) EFFECT ON RECLAMATION LAW.—The activities 
carried out by the Bureau of Reclamation under this title 
shall not establish a precedent or impact the authority 
provided under any other provision of Federal reclamation 
law, including— 
(1) the Rural Supply Act of 2006 (Public Law 
109–451; 120 Stat. 3345); and 
(2) the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 991). 
SEC. 414. FUNDING. 
(a) REHABILITATION AND IMPROVEMENT OF CROW 
IRRIGATION PROJECT.—
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† HR 4783 EAS 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $73,843,000, adjusted to reflect changes 
since May 1, 2008, in construction cost indices ap-
plicable to the types of construction involved in the 
rehabilitation and improvement of the Crow Irriga-
tion Project, for the rehabilitation and improvement 
of the Crow Irrigation Project. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the amount made available under para-
graph (1), there is authorized to be appropriated to 
the Secretary for the rehabilitation and improvement 
of the Crow Irrigation Project $58,000,000, ad-
justed to reflect changes since May 1, 2008, in con-
struction cost indices applicable to the types of con-
struction involved in the rehabilitation and improve-
ment of the Crow Irrigation Project. 
(b) DESIGN
AND CONSTRUCTION
OF MR&I SYS-
TEM.— 
(1) MANDATORY APPROPRIATION.—Out of any 
funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the 
Secretary $146,000,000, adjusted to reflect changes 
since May 1, 2008, in construction cost indices ap-
152 
† HR 4783 EAS 
plicable to the types of construction involved in the 
design and construction of the MR&I System, for 
the design and construction of the MR&I System. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the amount made available under para-
graph (1), there is authorized to be appropriated to 
the Secretary for the design and construction of the 
MR&I System $100,381,000, adjusted to reflect 
changes since May 1, 2008, in construction cost in-
dices applicable to the types of construction involved 
in the design and construction of the MR&I System. 
(c) TRIBAL COMPACT ADMINISTRATION.—Out of any 
funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary 
$4,776,000, adjusted to reflect changes in appropriate 
cost indices during the period beginning on the date of 
enactment of this Act and ending on the date of the trans-
fer, for Tribal Compact Administration. 
(d) ENERGY DEVELOPMENT PROJECTS.—Out of any 
funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary 
$20,000,000, adjusted to reflect changes in appropriate 
cost indices during the period beginning on the date of 
enactment of this Act and ending on the date of the trans-
153 
† HR 4783 EAS 
fer, for Energy Development Projects as set forth in sec-
tion 411(e)(3)(C). 
(e) MR&I SYSTEM OM&R.—Out of any funds in the 
Treasury not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary $47,000,000, ad-
justed to reflect changes in appropriate cost indices during 
the period beginning on the date of enactment of this Act 
and ending on the date of the transfer, for MR&I System 
OM&R. 
(f) CIP OM&R.—Out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary $10,000,000, adjusted to 
reflect changes in appropriate cost indices during the pe-
riod beginning on the date of enactment of this Act and 
ending on the date of the transfer, for CIP OM&R. 
(g) USE.—In addition to the uses authorized under 
subsections (a) and (b), such amounts as may be nec-
essary of the amounts made available under those sub-
sections may be used to carry out related activities nec-
essary to comply with Federal environmental and cultural 
resource laws. 
(h) ACCOUNT TRANSFERS.— 
(1) IN GENERAL.—The Secretary may transfer 
from the amounts made available under subsection 
(a) such amounts as the Secretary, with the concur-
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rence of the Tribe, determines to be necessary to 
supplement the amounts made available under sub-
section (b), on a determination of the Secretary, in 
consultation with the Tribe, that such a transfer is 
in the best interest of the Tribe. 
(2) OTHER APPROVED TRANSFERS.—The Sec-
retary may transfer from the amounts made avail-
able under subsection (b) such amounts as the Sec-
retary, with the concurrence of the Tribe, determines 
to be necessary to supplement the amounts made 
available under subsection (a), on a determination of 
the Secretary, in consultation with the Tribe, that 
such a transfer is in the best interest of the Tribe. 
(i) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out this section the funds transferred under subsections 
(a) through (f), without further appropriation. 
SEC. 415. REPEAL ON FAILURE TO MEET ENFORCEABILITY 
DATE. 
If the Secretary does not publish a statement of find-
ings under section 410(e) not later than March 31, 2016, 
or the extended date agreed to by the Tribe and the Sec-
retary, after reasonable notice to the State of Montana, 
as applicable—
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(1) this title is repealed effective April 1, 2016, 
or the day after the extended date agreed to by the 
Tribe and the Secretary after reasonable notice to 
the State of Montana, whichever is later; 
(2) any action taken by the Secretary and any 
contract or agreement pursuant to the authority pro-
vided under any provision of this title shall be void; 
(3) any amounts made available under section 
414, together with any interest on those amounts, 
shall immediately revert to the general fund of the 
Treasury; 
(4) any amounts made available under section 
414 that remain unexpended shall immediately re-
vert to the general fund of the Treasury; and 
(5) the United States shall be entitled to set off 
against any claims asserted by the Tribe against the 
United States relating to water rights— 
(A) any funds expended or withdrawn from 
the amounts made available pursuant to this 
title; and 
(B) any funds made available to carry out 
the activities authorized in this title from other 
authorized sources.
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SEC. 416. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
title (including any such obligation or activity under the 
Settlement Agreement) if adequate appropriations are not 
provided expressly by Congress to carry out the purposes 
of this title in the Reclamation Water Settlements Fund 
established under section 10501 of Public Law 111–11 or 
the ‘‘Emergency Fund for Indian Safety and Health’’ es-
tablished by section 601(a) of the Tom Lantos and Henry 
J. Hyde United States Global Leadership Against HIV/ 
AIDS, Tuberculosis, and Malaria Reauthorization Act of 
2008 (25 U.S.C. 443c(a)). 
TITLE V—TAOS PUEBLO INDIAN 
WATER RIGHTS 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Taos Pueblo Indian 
Water Rights Settlement Act’’. 
SEC. 502. PURPOSES. 
The purposes of this title are— 
(1) to approve, ratify, and confirm the Taos 
Pueblo Indian Water Rights Settlement Agreement; 
(2) to authorize and direct the Secretary to exe-
cute the Settlement Agreement and to perform all 
obligations of the Secretary under the Settlement 
Agreement and this title; and
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(3) to authorize all actions and appropriations 
necessary for the United States to meet its obliga-
tions under the Settlement Agreement and this title. 
SEC. 503. DEFINITIONS. 
In this title: 
(1) ELIGIBLE
NON-PUEBLO
ENTITIES.—The 
term ‘‘Eligible Non-Pueblo Entities’’ means the 
Town of Taos, the El Prado Water and Sanitation 
District, and the New Mexico Department of Fi-
nance and Administration Local Government Divi-
sion on behalf of the Acequia Madre del Rio Lucero 
y del Arroyo Seco, the Acequia Madre del Prado, the 
Acequia del Monte, the Acequia Madre del Rio 
Chiquito, the Upper Ranchitos Mutual Domestic 
Water Consumers Association, the Upper Arroyo 
Hondo Mutual Domestic Water Consumers Associa-
tion, and the Llano Quemado Mutual Domestic 
Water Consumers Association. 
(2) ENFORCEMENT DATE.—The term ‘‘Enforce-
ment Date’’ means the date upon which the Sec-
retary publishes the notice required by section 
509(f)(1). 
(3) MUTUAL-BENEFIT
PROJECTS.—The term 
‘‘Mutual-Benefit Projects’’ means the projects de-
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† HR 4783 EAS 
scribed and identified in articles 6 and 10.1 of the 
Settlement Agreement. 
(4) PARTIAL FINAL DECREE.—The term ‘‘Par-
tial Final Decree’’ means the Decree entered in New 
Mexico v. Abeyta and New Mexico v. Arellano, Civil 
Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
D.N.M.) (consolidated), for the resolution of the 
Pueblo’s water right claims and which is substan-
tially in the form agreed to by the Parties and at-
tached to the Settlement Agreement as Attachment 
5. 
(5) PARTIES.—The term ‘‘Parties’’ means the 
Parties to the Settlement Agreement, as identified in 
article 1 of the Settlement Agreement. 
(6) PUEBLO.—The term ‘‘Pueblo’’ means the 
Taos Pueblo, a sovereign Indian tribe duly recog-
nized by the United States of America. 
(7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 
means those lands located within the Taos Valley to 
which the Pueblo, or the United States in its capac-
ity as trustee for the Pueblo, holds title subject to 
Federal law limitations on alienation. Such lands in-
clude Tracts A, B, and C, the Pueblo’s land grant, 
the Blue Lake Wilderness Area, and the Tenorio
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and Karavas Tracts and are generally depicted in 
Attachment 2 to the Settlement Agreement. 
(8) SAN
JUAN-CHAMA
PROJECT.—The term 
‘‘San Juan-Chama Project’’ means the Project au-
thorized by section 8 of the Act of June 13, 1962 
(76 Stat. 96 and 97), and the Act of April 11, 1956 
(70 Stat. 105). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means the contract dated 
March 31, 2006, between and among— 
(A) the United States, acting solely in its 
capacity as trustee for Taos Pueblo; 
(B) the Taos Pueblo, on its own behalf; 
(C) the State of New Mexico; 
(D) the Taos Valley Acequia Association 
and its 55 member ditches; 
(E) the Town of Taos; 
(F) the El Prado Water and Sanitation 
District; and 
(G) the 12 Taos area Mutual Domestic 
Water Consumers Associations, as amended to 
conform with this title.
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(11) STATE ENGINEER.—The term ‘‘State En-
gineer’’ means the New Mexico State Engineer. 
(12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 
means the geographic area depicted in Attachment 4 
of the Settlement Agreement. 
SEC. 504. PUEBLO RIGHTS. 
(a) IN GENERAL.—Those rights to which the Pueblo 
is entitled under the Partial Final Decree shall be held 
in trust by the United States on behalf of the Pueblo and 
shall not be subject to forfeiture, abandonment, or perma-
nent alienation. 
(b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 
shall not be denied all or any part of its rights held in 
trust absent its consent unless such rights are explicitly 
abrogated by an Act of Congress hereafter enacted. 
SEC. 505. TAOS PUEBLO WATER DEVELOPMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Taos Pueblo Water Development Fund’’ (referred to in 
this section as the ‘‘Fund’’) to be used to pay or reimburse 
costs incurred by the Pueblo for— 
(1) acquiring water rights; 
(2) planning, permitting, designing, engineer-
ing, constructing, reconstructing, replacing, rehabili-
tating, operating, or repairing water production,
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treatment or delivery infrastructure, on-farm im-
provements, or wastewater infrastructure; 
(3) restoring, preserving and protecting the 
Buffalo Pasture, including planning, permitting, de-
signing, engineering, constructing, operating, man-
aging and replacing the Buffalo Pasture Recharge 
Project; 
(4) administering the Pueblo’s water rights ac-
quisition program and water management and ad-
ministration system; and 
(5) watershed protection and enhancement, sup-
port of agriculture, water-related Pueblo community 
welfare and economic development, and costs related 
to the negotiation, authorization, and implementa-
tion of the Settlement Agreement. 
(b) MANAGEMENT OF FUND.—The Secretary shall 
manage the Fund, invest amounts in the Fund, and make 
monies available from the Fund for distribution to the 
Pueblo consistent with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) 
(hereinafter, ‘‘Trust Fund Reform Act’’), this title, and 
the Settlement Agreement. 
(c) INVESTMENT OF FUND.—Upon the Enforcement 
Date, the Secretary shall invest amounts in the Fund in 
accordance with—
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(1) the Act of April 1, 1880 (21 Stat. 70, ch. 
41, 25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 
(3) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) AVAILABILITY OF AMOUNTS FROM FUND.—Upon 
the Enforcement Date, all monies deposited in the Fund 
pursuant to section 509(c)(1) or made available from 
other authorized sources shall be available to the Pueblo 
for expenditure or withdrawal after the requirements of 
subsection (e) have been met. 
(e) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Pueblo may with-
draw all or part of the Fund on approval by the 
Secretary of a tribal management plan as de-
scribed in the Trust Fund Reform Act. 
(B) REQUIREMENTS.—In addition to the 
requirements under the Trust Fund Reform 
Act, the tribal management plan shall require 
that the Pueblo spend any funds in accordance 
with the purposes described in subsection (a). 
(2) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the re-
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† HR 4783 EAS 
quirement that monies withdrawn from the Fund 
are used for the purposes specified in subsection (a). 
(3) LIABILITY.—If the Pueblo exercises the 
right to withdraw monies from the Fund, neither the 
Secretary nor the Secretary of the Treasury shall re-
tain any liability for the expenditure or investment 
of the monies withdrawn. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblo shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portions of the funds made 
available under this title that the Pueblo does 
not withdraw under paragraph (1)(A). 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, amounts remaining in the 
Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this title. 
(5) ANNUAL REPORT.—The Pueblo shall submit 
to the Secretary an annual report that describes all
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† HR 4783 EAS 
expenditures from the Fund during the year covered 
by the report. 
(f) AMOUNTS AVAILABLE ON APPROPRIATION.—Not-
withstanding subsection (d), $15,000,000 of the monies 
deposited in the Fund— 
(1) shall be available upon appropriation or 
availability of the funds from other authorized 
sources for the Pueblo’s acquisition of water rights 
pursuant to Article 5.1.1.2.3 of the Settlement 
Agreement, the Buffalo Pasture Recharge Project, 
implementation of the Pueblo’s water rights acquisi-
tion program and water management and adminis-
tration system, the design, planning, engineering, 
permitting or construction of water or wastewater 
infrastructure eligible for funding under subsection 
(a), or costs related to the negotiation, authoriza-
tion, and implementation of the Settlement Agree-
ment, provided that such funds may be expended 
prior to the Enforcement Date only for activities 
which are determined by the Secretary to be more 
cost effective when implemented as early as possible; 
and 
(2) shall be distributed by the Secretary to the 
Pueblo on receipt by the Secretary from the Pueblo 
of a written notice and a Tribal Council resolution
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† HR 4783 EAS 
that describes the purposes under paragraph (1) for 
which the monies will be used after a cost-effective-
ness determination by the Secretary has been made 
as described in paragraph (1). The Secretary shall 
make the determination described in paragraph (1) 
within a reasonable period of time after receipt of 
the notice and resolution. 
(g) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Fund shall be distributed on a per capita basis to 
members of the Pueblo. 
SEC. 506. MARKETING. 
(a) PUEBLO WATER RIGHTS.—Subject to the ap-
proval of the Secretary in accordance with subsection (e), 
the Pueblo may market water rights secured to it under 
the Settlement Agreement and Partial Final Decree, pro-
vided that such marketing is in accordance with this sec-
tion. 
(b) PUEBLO CONTRACT RIGHTS
TO SAN JUAN- 
CHAMA PROJECT WATER.—Subject to the approval of the 
Secretary in accordance with subsection (e), the Pueblo 
may subcontract water made available to the Pueblo under 
the contract authorized under section 508(b)(1)(A) to 
third parties to supply water for use within or without the 
Taos Valley, provided that the delivery obligations under 
such subcontract are not inconsistent with the Secretary’s
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† HR 4783 EAS 
existing San Juan-Chama Project obligations and such 
subcontract is in accordance with this section. 
(c) LIMITATION.— 
(1) IN GENERAL.—Diversion or use of water off 
Pueblo lands pursuant to Pueblo water rights or 
Pueblo contract rights to San Juan-Chama Project 
water shall be subject to and not inconsistent with 
the same requirements and conditions of State law, 
any applicable Federal law, and any applicable inter-
state compact as apply to the exercise of water 
rights or contract rights to San Juan-Chama Project 
water held by non-Federal, non-Indian entities, in-
cluding all applicable State Engineer permitting and 
reporting requirements. 
(2) EFFECT ON WATER RIGHTS.—Such diver-
sion or use off Pueblo lands under paragraph (1) 
shall not impair water rights or increase surface 
water depletions within the Taos Valley. 
(d) MAXIMUM TERM.— 
(1) IN GENERAL.—The maximum term of any 
water use lease or subcontract, including all renew-
als, shall not exceed 99 years in duration. 
(2) ALIENATION OF RIGHTS.—The Pueblo shall 
not permanently alienate any rights it has under the
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† HR 4783 EAS 
Settlement Agreement, the Partial Final Decree, 
and this title. 
(e) APPROVAL OF SECRETARY.—The Secretary shall 
approve or disapprove any lease or subcontract submitted 
by the Pueblo for approval within a reasonable period of 
time after submission, provided that no Secretarial ap-
proval shall be required for any water use lease for less 
than 10 acre-feet per year with a term of less than 7 years, 
including all renewals. 
(f) NO FORFEITURE OR ABANDONMENT.—The non-
use by a lessee or subcontractor of the Pueblo of any right 
to which the Pueblo is entitled under the Partial Final 
Decree shall in no event result in a forfeiture, abandon-
ment, relinquishment, or other loss of all or any part of 
those rights. 
(g) NO PREEMPTION.— 
(1) IN GENERAL.—The approval authority of 
the Secretary provided under subsection (e) shall not 
amend, construe, supersede, or preempt any State or 
Federal law, interstate compact, or international 
treaty that pertains to the Colorado River, the Rio 
Grande, or any of their tributaries, including the ap-
propriation, use, development, storage, regulation, 
allocation, conservation, exportation, or quantity of 
those waters.
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† HR 4783 EAS 
(2) APPLICABLE LAW.—The provisions of sec-
tion 2116 of the Revised Statutes (25 U.S.C. 177) 
shall not apply to any water made available under 
the Settlement Agreement. 
(h) NO PREJUDICE.—Nothing in this title shall be 
construed to establish, address, prejudice, or prevent any 
party from litigating whether or to what extent any appli-
cable State law, Federal law, or interstate compact does 
or does not permit, govern, or apply to the use of the 
Pueblo’s water outside of New Mexico. 
SEC. 507. MUTUAL-BENEFIT PROJECTS. 
(a) IN GENERAL.—Upon the Enforcement Date, the 
Secretary, acting through the Commissioner of Reclama-
tion, shall provide financial assistance in the form of 
grants on a nonreimbursable basis to Eligible Non-Pueblo 
Entities to plan, permit, design, engineer, and construct 
the Mutual-Benefit Projects in accordance with the Settle-
ment Agreement— 
(1) to minimize adverse impacts on the Pueblo’s 
water resources by moving future non-Indian ground 
water pumping away from the Pueblo’s Buffalo Pas-
ture; and 
(2) to implement the resolution of a dispute 
over the allocation of certain surface water flows be-
tween the Pueblo and non-Indian irrigation water
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† HR 4783 EAS 
right owners in the community of Arroyo Seco 
Arriba. 
(b) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the total cost of planning, designing, and con-
structing the Mutual-Benefit Projects authorized in 
subsection (a) shall be 75 percent and shall be non-
reimbursable. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the total cost of planning, designing, and 
constructing the Mutual-Benefit Projects shall be 25 
percent and may be in the form of in-kind contribu-
tions, including the contribution of any valuable 
asset or service that the Secretary determines would 
substantially contribute to completing the Mutual- 
Benefit Projects. 
(3) ADDITIONAL STATE CONTRIBUTION.—As a 
condition of expenditure by the Secretary of the 
funds made available under section 509(c)(2), the 
State shall— 
(A) appropriate and make available the 
non-Federal share described in paragraph (2); 
and 
(B) agree to provide additional funding as-
sociated with the Mutual-Benefit Projects as
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† HR 4783 EAS 
described in paragraph 10 of the Settlement 
Agreement. 
SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS. 
(a) IN GENERAL.—Contracts issued under this sec-
tion shall be in accordance with this title and the Settle-
ment Agreement. 
(b) CONTRACTS
FOR SAN JUAN-CHAMA PROJECT 
WATER.— 
(1) IN
GENERAL.—The Secretary shall enter 
into 3 repayment contracts within a reasonable pe-
riod after the date of enactment of this Act, for the 
delivery of San Juan-Chama Project water in the 
following amounts: 
(A) 2,215 acre-feet/annum to the Pueblo. 
(B) 366 acre-feet/annum to the Town of 
Taos. 
(C) 40 acre-feet/annum to the El Prado 
Water and Sanitation District. 
(2) REQUIREMENTS.—Each such contract shall 
provide that if the conditions precedent set forth in 
section 509(f)(2) have not been fulfilled by March 
31, 2017, the contract shall expire on that date. 
(3) APPLICABLE LAW.—Public Law 87–483 (76 
Stat. 97) applies to the contracts entered into under 
paragraph (1) and no preference shall be applied as
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† HR 4783 EAS 
a result of section 504(a) with regard to the delivery 
or distribution of San Juan-Chama Project water or 
the management or operation of the San Juan- 
Chama Project. 
(c) WAIVER.—With respect to the contract author-
ized and required by subsection (b)(1)(A) and notwith-
standing the provisions of Public Law 87–483 (76 Stat. 
96) or any other provision of law— 
(1) the Secretary shall waive the entirety of the 
Pueblo’s share of the construction costs, both prin-
cipal and the interest, for the San Juan-Chama 
Project and pursuant to that waiver, the Pueblo’s 
share of all construction costs for the San Juan- 
Chama Project, inclusive of both principal and inter-
est shall be nonreimbursable; and 
(2) the Secretary’s waiver of the Pueblo’s share 
of the construction costs for the San Juan-Chama 
Project will not result in an increase in the pro rata 
shares of other San Juan-Chama Project water con-
tractors, but such costs shall be absorbed by the 
United States Treasury or otherwise appropriated to 
the Department of the Interior. 
SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA-
TIONS, AND CONDITIONS PRECEDENT. 
(a) RATIFICATION.—
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(1) IN GENERAL.—Except to the extent that 
any provision of the Settlement Agreement conflicts 
with any provision of this title, the Settlement 
Agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—To the extent amendments 
are executed to make the Settlement Agreement con-
sistent with this title, such amendments are also au-
thorized, ratified, and confirmed. 
(b) EXECUTION OF SETTLEMENT AGREEMENT.—To 
the extent that the Settlement Agreement does not conflict 
with this title, the Secretary shall execute the Settlement 
Agreement, including all exhibits to the Settlement Agree-
ment requiring the signature of the Secretary and any 
amendments necessary to make the Settlement Agreement 
consistent with this title, after the Pueblo has executed 
the Settlement Agreement and any such amendments. 
(c) FUNDING.— 
(1) TAOS
PUEBLO
WATER
DEVELOPMENT 
FUND.— 
(A) MANDATORY APPROPRIATION.—Out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall 
transfer to the Secretary for deposit in the 
Taos Pueblo Water Development Fund estab-
lished by section 505(a), for the period of fiscal
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† HR 4783 EAS 
years 2011 through 2016, $50,000,000, as ad-
justed by such amounts as may be required due 
to increases since April 1, 2007, in construction 
costs, as indicated by engineering cost indices 
applicable to the types of construction or reha-
bilitation involved. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the amount made avail-
able under subparagraph (A), there is author-
ized to be appropriated to the Secretary for de-
posit in the Taos Pueblo Water Development 
Fund 
established 
by 
section 
505(a) 
$38,000,000, as adjusted by such amounts as 
may be required due to increases since April 1, 
2007, in construction costs, as indicated by en-
gineering cost indices applicable to the types of 
construction or rehabilitation involved, for the 
period of fiscal years 2011 through 2016. 
(2) MUTUAL-BENEFIT PROJECTS FUNDING.— 
(A) FUNDING.— 
(i) MANDATORY
APPROPRIATION.— 
Out of any funds in the Treasury not oth-
erwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary to 
provide grants pursuant to section 507
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† HR 4783 EAS 
$16,000,000 for the period of fiscal years 
2011 through 2016. 
(ii) AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the amount made 
available under clause (i), there is author-
ized to be appropriated to the Secretary to 
provide grants pursuant to section 507 
$20,000,000 for the period of fiscal years 
2011 through 2016. 
(B) DEPOSIT
IN
FUND.—The Secretary 
shall deposit the funds made available pursuant 
to subparagraph (A) into a noninterest-bearing 
fund, to be known as the ‘‘Taos Settlement 
Fund’’, to be established in the Treasury of the 
United States so that such funds may be made 
available on the Enforcement Date as set forth 
in section 507(a). 
(3) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this title the funds transferred 
under paragraphs (1)(A) and (2)(A)(i), without fur-
ther appropriation, to remain available until ex-
pended. 
(d) AUTHORITY OF SECRETARY.—The Secretary is 
authorized to enter into such agreements and to take such
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† HR 4783 EAS 
measures as the Secretary may deem necessary or appro-
priate to fulfill the intent of the Settlement Agreement 
and this title. 
(e) ENVIRONMENTAL COMPLIANCE.— 
(1) EFFECT OF EXECUTION OF SETTLEMENT 
AGREEMENT.—The Secretary’s execution of the Set-
tlement Agreement shall not constitute a major Fed-
eral action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) 
COMPLIANCE
WITH
ENVIRONMENTAL 
LAWS.—In carrying out this title, the Secretary shall 
comply with each law of the Federal Government re-
lating to the protection of the environment, includ-
ing— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(f) CONDITIONS
PRECEDENT
AND
SECRETARIAL 
FINDING.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register a 
statement of finding that the conditions have been 
fulfilled.
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† HR 4783 EAS 
(2) CONDITIONS.—The conditions precedent re-
ferred to in paragraph (1) are the following: 
(A) The President has signed into law the 
Taos Pueblo Indian Water Rights Settlement 
Act. 
(B) To the extent that the Settlement 
Agreement conflicts with this title, the Settle-
ment Agreement has been revised to conform 
with this title. 
(C) The Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 510, has been executed by the Parties and 
the Secretary prior to the Parties’ motion for 
entry of the Partial Final Decree. 
(D) Congress has fully appropriated or the 
Secretary has provided from other authorized 
sources all funds made available under para-
graphs (1) and (2) of subsection (c). 
(E) The Legislature of the State of New 
Mexico has fully appropriated the funds for the 
State contributions as specified in the Settle-
ment Agreement, and those funds have been de-
posited in appropriate accounts. 
(F) The State of New Mexico has enacted 
legislation that amends NMSA 1978, section
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† HR 4783 EAS 
72–6–3 to state that a water use due under a 
water right secured to the Pueblo under the 
Settlement Agreement or the Partial Final De-
cree may be leased for a term, including all re-
newals, not to exceed 99 years, provided that 
this condition shall not be construed to require 
that said amendment state that any State law 
based water rights acquired by the Pueblo or by 
the United States on behalf of the Pueblo may 
be leased for said term. 
(G) A Partial Final Decree that sets forth 
the water rights and contract rights to water to 
which the Pueblo is entitled under the Settle-
ment Agreement and this title and that sub-
stantially conforms to the Settlement Agree-
ment and Attachment 5 thereto has been ap-
proved by the Court and has become final and 
nonappealable. 
(g) ENFORCEMENT DATE.—The Settlement Agree-
ment shall become enforceable, and the waivers and re-
leases executed pursuant to section 510 and the limited 
waiver of sovereign immunity set forth in section 511(a) 
shall become effective, as of the date that the Secretary 
publishes the notice required by subsection (f)(1). 
(h) EXPIRATION DATE.—
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† HR 4783 EAS 
(1) IN
GENERAL.—If all of the conditions 
precedent described in section (f)(2) have not been 
fulfilled by March 31, 2017, the Settlement Agree-
ment shall be null and void, the waivers and releases 
executed pursuant to section 510 and the sovereign 
immunity waivers in section 511(a) shall not become 
effective, and any unexpended Federal funds, to-
gether with any income earned thereon, and title to 
any property acquired or constructed with expended 
Federal funds, shall be returned to the Federal Gov-
ernment, unless otherwise agreed to by the Parties 
in writing and approved by Congress. 
(2) EXCEPTION.—Notwithstanding subsection 
(h)(1) or any other provision of law, except as pro-
vided in subsection (i), title to any property acquired 
or constructed with expended Federal funds made 
available under section 505(f) shall be retained by 
the Pueblo. 
(i) RIGHT TO SET-OFF.—If the conditions precedent 
described in subsection (f)(2) have not been fulfilled by 
March 31, 2017, and the Settlement Agreement is null 
and void under subsection (h)(1)— 
(1) the United States shall be entitled to set off 
any Federal funds made available under section 
505(f) that were used for purposes other than the
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purchase of water rights against any claim of the 
Pueblo against the United States described in sec-
tion 510(b) (but excluding any claim retained under 
section 510(c)); and 
(2) the Pueblo shall have the option either— 
(A) to accept an equitable credit for any 
water rights acquired with funds made available 
under section 505(f) against any water rights 
secured for the Pueblo by the Pueblo, or by the 
United States on behalf of the Pueblo, in any 
litigation or future settlement of the case styled 
New Mexico v. Abeyta and New Mexico v. 
Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) 
and 7939–BB (U.S. D.N.M.) (consolidated); or 
(B) to convey to the United States any 
water rights acquired with funds made available 
under section 505(f). 
(j) EXTENSION.—The dates in subsections (h) and 
(i) and section 510(e) may be extended if the Parties agree 
that an extension is reasonably necessary. 
SEC. 510. WAIVERS AND RELEASES OF CLAIMS. 
(a) CLAIMS
BY
THE PUEBLO
AND
THE UNITED 
STATES.—In return for recognition of the Pueblo’s water 
rights and other benefits, including but not limited to the 
commitments by non-Pueblo parties, as set forth in the
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† HR 4783 EAS 
Settlement Agreement and this title, the Pueblo, on behalf 
of itself and its members, and the United States acting 
in its capacity as trustee for the Pueblo are authorized 
to execute a waiver and release of claims against the par-
ties to New Mexico v. Abeyta and New Mexico v. Arellano, 
Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
D.N.M.) (consolidated) from— 
(1) all claims for water rights in the Taos Val-
ley that the Pueblo, or the United States acting in 
its capacity as trustee for the Pueblo, asserted, or 
could have asserted, in any proceeding, including but 
not limited to in New Mexico v. Abeyta and New 
Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 
D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli-
dated), up to and including the Enforcement Date, 
except to the extent that such rights are recognized 
in the Settlement Agreement or this title; 
(2) all claims for water rights, whether for con-
sumptive or nonconsumptive use, in the Rio Grande 
mainstream or its tributaries that the Pueblo, or the 
United States acting in its capacity as trustee for 
the Pueblo, asserted or could assert in any water 
rights adjudication proceedings except those claims 
based on Pueblo or United States ownership of lands 
or water rights acquired after the Enforcement
181 
† HR 4783 EAS 
Date, provided that nothing in this paragraph shall 
prevent the Pueblo or the United States from fully 
participating in the inter se phase of any such water 
rights adjudication proceedings; 
(3) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including but not limited to 
claims for injury to lands resulting from such dam-
ages, losses, injuries, interference with, diversion, or 
taking) in the Rio Grande mainstream or its tribu-
taries or for lands within the Taos Valley that ac-
crued at any time up to and including the Enforce-
ment Date; and 
(4) all claims against the State of New Mexico, 
its agencies, or employees relating to the negotiation 
or the adoption of the Settlement Agreement. 
(b) CLAIMS BY THE PUEBLO AGAINST THE UNITED 
STATES.—The Pueblo, on behalf of itself and its members, 
is authorized to 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 water of the Taos Valley that the United 
States acting in its capacity as trustee for the Pueb-
lo asserted, or could have asserted, in any pro-
ceeding, including but not limited to in New Mexico
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† HR 4783 EAS 
v. Abeyta and New Mexico v. Arellano, Civil Nos. 
7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
D.N.M.) (consolidated); 
(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 (in-
cluding 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 
interference with, diversion or taking of water or 
water rights, or claims relating to failure to protect, 
acquire, replace, or develop water, water rights or 
water infrastructure) in the Rio Grande mainstream 
or its tributaries or within the Taos Valley that first 
accrued at any time up to and including the En-
forcement Date; 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds 
appropriated by the Act of March 4, 1929 (45 Stat. 
1562), the Act of March 4, 1931 (46 Stat. 1552), 
the Act of June 22, 1936 (49 Stat. 1757), the Act 
of August 9, 1937 (50 Stat. 564), and the Act of 
May 9, 1938 (52 Stat. 291), as authorized by the 
Pueblo Lands Act of June 7, 1924 (43 Stat. 636),
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† HR 4783 EAS 
and the Pueblo Lands Act of May 31, 1933 (48 
Stat. 108), and for breach of trust relating to funds 
for water replacement appropriated by said Acts 
that first accrued before the date of enactment of 
this Act; 
(4) all claims against the United States, its 
agencies, or employees relating to the pending litiga-
tion of claims relating to the Pueblo’s water rights 
in New Mexico v. Abeyta and New Mexico v. 
Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 
7939–BB (U.S. D.N.M.) (consolidated); and 
(5) all claims against the United States, its 
agencies, or employees relating to the negotiation, 
Execution or the adoption of the Settlement Agree-
ment, exhibits thereto, the Final Decree, or this 
title. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases au-
thorized in this title, the Pueblo on behalf of itself and 
its members and the United States acting in its capacity 
as trustee for the Pueblo retain— 
(1) all claims for enforcement of the Settlement 
Agreement, the Final Decree, including the Partial 
Final Decree, the San Juan-Chama Project contract
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† HR 4783 EAS 
between the Pueblo and the United States, or this 
title; 
(2) all claims against persons other than the 
Parties to the Settlement Agreement for damages, 
losses or injuries to water rights or claims of inter-
ference with, diversion or taking of water rights (in-
cluding but not limited to claims for injury to lands 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) 
within the Taos Valley arising out of activities oc-
curring outside the Taos Valley or the Taos Valley 
Stream System; 
(3) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) all rights to use and protect water rights ac-
quired pursuant to State law, to the extent not in-
consistent with the Partial Final Decree and the 
Settlement Agreement (including water rights for 
the land the Pueblo owns in Questa, New Mexico); 
(5) all claims relating to activities affecting the 
quality of water including but not limited to any 
claims the Pueblo might have under the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in-
cluding but not limited to claims for damages to nat-
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† HR 4783 EAS 
ural resources), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), and the regu-
lations implementing those Acts; 
(6) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss 
of water or water rights (including but not limited 
to hunting, fishing, gathering, or cultural rights); 
and 
(7) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to this title and the Settlement 
Agreement. 
(d) EFFECT.—Nothing in the Settlement Agreement 
or this title— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any laws re-
lating to health, safety, or the environment, includ-
ing but not limited to the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.), the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
186 
† HR 4783 EAS 
et seq.), and the regulations implementing such 
Acts; 
(2) affects the ability of the United States to 
take actions acting in its capacity as trustee for any 
other Indian tribe or allottee; 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding health, 
safety, or the environment or determine the du-
ties of the United States or other parties pursu-
ant to such Federal law; or 
(B) conduct judicial review of Federal 
agency action; or 
(4) waives any claim of a member of the Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblo. 
(e) 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 31, 2017; or 
(B) the Enforcement Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of
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† HR 4783 EAS 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this subsection 
precludes the tolling of any period of limitations or 
any time-based equitable defense under any other 
applicable law. 
SEC. 511. INTERPRETATION AND ENFORCEMENT. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
Upon and after the Enforcement Date, if any Party to 
the Settlement Agreement brings an action in any court 
of competent jurisdiction over the subject matter relating 
only and directly to the interpretation or enforcement of 
the Settlement Agreement or this title, and names the 
United States or the Pueblo as a party, then the United 
States, the Pueblo, or both may be added as a party to 
any such action, and any claim by the United States or 
the Pueblo to sovereign immunity from the action is 
waived, but only for the limited and sole purpose of such 
interpretation or enforcement, and no waiver of sovereign 
immunity is made for any action against the United States 
or the Pueblo that seeks money damages. 
(b) SUBJECT
MATTER
JURISDICTION
NOT
AF-
FECTED.—Nothing in this title shall be deemed as confer-
ring, restricting, enlarging, or determining the subject 
matter jurisdiction of any court, including the jurisdiction
188 
† HR 4783 EAS 
of the court that enters the Partial Final Decree adjudi-
cating the Pueblo’s water rights. 
(c) REGULATORY AUTHORITY NOT AFFECTED.— 
Nothing in this title shall be deemed to determine or limit 
any authority of the State or the Pueblo to regulate or 
administer waters or water rights now or in the future. 
SEC. 512. DISCLAIMER. 
Nothing in the Settlement Agreement or this title 
shall be construed in any way to quantify or otherwise ad-
versely affect the land and water rights, claims, or entitle-
ments to water of any other Indian tribe. 
SEC. 513. ANTIDEFICIENCY. 
The United States shall not be liable for failure to 
carry out any obligation or activity authorized to be car-
ried out under this title (including any such obligation or 
activity under the Agreement) if adequate appropriations 
are not provided expressly to carry out the purposes of 
this title by Congress or there are not enough monies 
available to carry out the purposes of this title in the Rec-
lamation Water Settlements Fund established under sec-
tion 10501 of Public Law 111–11 or the ‘‘Emergency 
Fund for Indian Safety and Health’’ established by section 
601(a) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuber-
189 
† HR 4783 EAS 
culosis, and Malaria Reauthorization Act of 2008 (25 
U.S.C. 443c(a)). 
TITLE VI—AAMODT LITIGATION 
SETTLEMENT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Aamodt Litigation 
Settlement Act’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) AAMODT CASE.—The term ‘‘Aamodt Case’’ 
means the civil action entitled State of New Mexico, 
ex rel. State Engineer and United States of Amer-
ica, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo 
de San Ildefonso, and Pueblo de Tesuque v. R. Lee 
Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). 
(2) ACRE-FEET.—The term ‘‘acre-feet’’ means 
acre-feet of water per year. 
(3) AUTHORITY.—The term ‘‘Authority’’ means 
the Pojoaque Basin Regional Water Authority de-
scribed in section 9.5 of the Settlement Agreement 
or an alternate entity acceptable to the Pueblos and 
the County to operate and maintain the diversion 
and treatment facilities, certain transmission pipe-
lines, and other facilities of the Regional Water Sys-
tem.
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† HR 4783 EAS 
(4) CITY.—The term ‘‘City’’ means the city of 
Santa Fe, New Mexico. 
(5) COST-SHARING AND SYSTEM INTEGRATION 
AGREEMENT.—The term ‘‘Cost-Sharing and System 
Integration Agreement’’ means the agreement, dated 
August 27, 2009, to be executed by the United 
States, the State, the Pueblos, the County, and the 
City that— 
(A) describes the location, capacity, and 
management (including the distribution of 
water to customers) of the Regional Water Sys-
tem; and 
(B) allocates the costs of the Regional 
Water System with respect to— 
(i) the construction, operation, main-
tenance, and repair of the Regional Water 
System; 
(ii) rights-of-way for the Regional 
Water System; and 
(iii) the acquisition of water rights. 
(6) COUNTY.—The term ‘‘County’’ means 
Santa Fe County, New Mexico. 
(7) COUNTY DISTRIBUTION SYSTEM.—The term 
‘‘County Distribution System’’ means the portion of
191 
† HR 4783 EAS 
the Regional Water System that serves water cus-
tomers on non-Pueblo land in the Pojoaque Basin. 
(8) 
COUNTY
WATER
UTILITY.—The 
term 
‘‘County Water Utility’’ means the water utility or-
ganized by the County to— 
(A) receive water distributed by the Au-
thority; and 
(B) provide the water received under sub-
paragraph (A) to customers on non-Pueblo land 
in the Pojoaque Basin. 
(9) ENGINEERING REPORT.—The term ‘‘Engi-
neering 
Report’’ 
means 
the 
report 
entitled 
‘‘Pojoaque Regional Water System Engineering Re-
port’’ dated September 2008 and any amendments 
thereto, including any modifications which may be 
required by section 611(d)(2). 
(10) FUND.—The term ‘‘Fund’’ means the 
Aamodt Settlement Pueblos’ Fund established by 
section 615(a). 
(11) OPERATING AGREEMENT.—The term ‘‘Op-
erating Agreement’’ means the agreement between 
the Pueblos and the County executed under section 
612(a). 
(12) OPERATIONS, MAINTENANCE, AND
RE-
PLACEMENT COSTS.—
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† HR 4783 EAS 
(A) IN GENERAL.—The term ‘‘operations, 
maintenance, and replacement costs’’ means all 
costs for the operation of the Regional Water 
System that are necessary for the safe, effi-
cient, and continued functioning of the Regional 
Water System to produce the benefits described 
in the Settlement Agreement. 
(B) EXCLUSION.—The term ‘‘operations, 
maintenance, and replacement costs’’ does not 
include construction costs or costs related to 
construction design and planning. 
(13) POJOAQUE BASIN.— 
(A) IN
GENERAL.—The term ‘‘Pojoaque 
Basin’’ means the geographic area limited by a 
surface water divide (which can be drawn on a 
topographic map), within which area rainfall 
and runoff flow into arroyos, drainages, and 
named tributaries that eventually drain to— 
(i) the Rio Pojoaque; or 
(ii) the 2 unnamed arroyos imme-
diately south; and 
(iii) 2 arroyos (including the Arroyo 
Alamo) that are north of the confluence of 
the Rio Pojoaque and the Rio Grande.
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† HR 4783 EAS 
(B) INCLUSION.—The term ‘‘Pojoaque 
Basin’’ includes the San Ildefonso Eastern Res-
ervation recognized by section 8 of Public Law 
87–231 (75 Stat. 505). 
(14) PUEBLO.—The term ‘‘Pueblo’’ means each 
of the pueblos of Nambe, Pojoaque, San Ildefonso, 
or Tesuque. 
(15) PUEBLOS.—The term ‘‘Pueblos’’ means 
collectively the Pueblos of Nambe, Pojoaque, San 
Ildefonso, and Tesuque. 
(16) PUEBLO LAND.—The term ‘‘Pueblo land’’ 
means any real property that is— 
(A) held by the United States in trust for 
a Pueblo within the Pojoaque Basin; 
(B)(i) owned by a Pueblo within the 
Pojoaque Basin before the date on which a 
court approves the Settlement Agreement; or 
(ii) acquired by a Pueblo on or after the 
date on which a court approves the Settlement 
Agreement, if the real property is located— 
(I) within the exterior boundaries of 
the Pueblo, as recognized and conformed 
by a patent issued under the Act of De-
cember 22, 1858 (11 Stat. 374, chapter 
V); or
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† HR 4783 EAS 
non-Pueblo land, also in existence on the 
date of enactment of this Act, or their suc-
cessors, that are— 
(I) depicted in the final project 
design, as modified by the drawings 
reflecting 
the 
completed 
Regional 
Water System; and 
(II) described in the Operating 
Agreement. 
(B) 
INCLUSIONS.—The 
term 
‘‘Pueblo 
Water Facility’’ includes— 
(i) the barrier dam and infiltration 
project on the Rio Pojoaque described in 
the Engineering Report; and 
(ii) the Tesuque Pueblo infiltration 
pond described in the Engineering Report. 
(18) REGIONAL WATER SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘Regional 
Water System’’ means the Regional Water Sys-
tem described in section 611(a). 
(B) EXCLUSIONS.—The term ‘‘Regional 
Water System’’ does not include the County or 
Pueblo water supply delivered through the Re-
gional Water System.
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† HR 4783 EAS 
(19) SAN
JUAN-CHAMA
PROJECT.—The term 
‘‘San Juan-Chama Project’’ means the Project au-
thorized by section 8 of the Act of June 13, 1962 
(76 Stat. 96, 97), and the Act of April 11, 1956 (70 
Stat. 105). 
(20) SAN
JUAN-CHAMA
PROJECT
ACT.—The 
term ‘‘San Juan-Chama Project Act’’ means sections 
8 through 18 of the Act of June 13, 1962 (76 Stat. 
96, 97). 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(22) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means the agreement 
among the State, the Pueblos, the United States, the 
County, and the City dated January 19, 2006, and 
signed by all of the government parties to the Settle-
ment Agreement (other than the United States) on 
May 3, 2006, as amended in conformity with this 
title. 
(23) STATE.—The term ‘‘State’’ means the 
State of New Mexico.
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† HR 4783 EAS 
Subtitle A—Pojoaque Basin 
Regional Water System 
SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and con-
struct a regional water system in accordance with the Set-
tlement Agreement, to be known as the ‘‘Regional Water 
System’’— 
(1) to divert and distribute water to the Pueb-
los and to the County Water Utility, in accordance 
with the Engineering Report; and 
(2) that consists of— 
(A) surface water diversion facilities at 
San Ildefonso Pueblo on the Rio Grande; and 
(B) any treatment, transmission, storage 
and distribution facilities and wellfields for the 
County Distribution System and Pueblo Water 
Facilities that are necessary to supply 4,000 
acre-feet of water within the Pojoaque Basin, 
unless modified in accordance with subsection 
(d)(2). 
(b) FINAL PROJECT DESIGN.—The Secretary shall 
issue a final project design within 90 days of completion 
of the environmental compliance described in section 616 
for the Regional Water System that—
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† HR 4783 EAS 
(1) is consistent with the Engineering Report; 
and 
(2) includes a description of any Pueblo Water 
Facilities. 
(c) ACQUISITION OF LAND; WATER RIGHTS.— 
(1) ACQUISITION OF LAND.—Upon request, and 
in exchange for the funding which shall be provided 
in section 617(c), the Pueblos shall consent to the 
grant of such easements and rights-of-way as may 
be necessary for the construction of the Regional 
Water System at no cost to the Secretary. To the 
extent that the State or County own easements or 
rights-of-way that may be used for construction of 
the Regional Water System, the State or County 
shall provide that land or interest in land as nec-
essary for construction at no cost to the Secretary. 
The Secretary shall acquire any other land or inter-
est in land that is necessary for the construction of 
the Regional Water System. 
(2) WATER RIGHTS.—The Secretary shall not 
condemn water rights for purposes of the Regional 
Water System. 
(d) CONDITIONS FOR CONSTRUCTION.—
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† HR 4783 EAS 
(1) IN
GENERAL.—The Secretary shall not 
begin construction of the Regional Water System fa-
cilities until the date on which— 
(A) the Secretary executes— 
(i) the Settlement Agreement; and 
(ii) the Cost-Sharing and System In-
tegration Agreement; and 
(B) the State and the County have entered 
into an agreement with the Secretary to con-
tribute the non-Federal share of the costs of the 
construction in accordance with the Cost-Shar-
ing and System Integration Agreement. 
(2) MODIFICATIONS TO REGIONAL WATER SYS-
TEM.— 
(A) IN
GENERAL.—The State and the 
County, in agreement with the Pueblos, the 
City, and other signatories to the Cost-Sharing 
and System Integration Agreement, may modify 
the extent, size, and capacity of the County 
Distribution System as set forth in the Cost- 
Sharing and System Integration Agreement. 
(B) EFFECT.—A modification under sub-
paragraph (A)—
200 
† HR 4783 EAS 
(i) shall not affect implementation of 
the Settlement Agreement so long as the 
provisions in section 623 are satisfied; and 
(ii) may result in an adjustment of 
the State and County cost-share allocation 
as set forth in the Cost-Sharing and Sys-
tem Integration Agreement. 
(e) APPLICABLE LAW.—The Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.) 
shall not apply to the design and construction of the Re-
gional Water System. 
(f) CONSTRUCTION COSTS.— 
(1) PUEBLO WATER FACILITIES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the expenditures of the Sec-
retary to construct the Pueblo Water Facilities 
under 
this 
section 
shall 
not 
exceed 
$106,400,000. 
(B) EXCEPTION.—The amount described 
in subparagraph (A) shall be increased or de-
creased, as appropriate, based on ordinary fluc-
tuations in construction costs since October 1, 
2006, as determined using applicable engineer-
ing cost indices.
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† HR 4783 EAS 
(2) COSTS TO PUEBLO.—The costs incurred by 
the Secretary in carrying out activities to construct 
the Pueblo Water Facilities under this section shall 
not be reimbursable to the United States. 
(3) COUNTY DISTRIBUTION SYSTEM.—As a con-
dition of the Secretary using the funds made avail-
able pursuant to section 617(a)(1), the costs of con-
structing the County Distribution System shall be a 
State and local expense pursuant to the Cost-Shar-
ing and System Integration Agreement. 
(g) INITIATION OF DISCUSSIONS.— 
(1) IN GENERAL.—If the Secretary determines 
that the cost of constructing the Regional Water 
System exceed the amounts described in the Cost- 
Sharing and System Integration Agreement for con-
struction of the Regional Water System and would 
necessitate funds in excess of the amount made 
available pursuant to section 617(a)(1), the Sec-
retary shall initiate negotiations with the parties to 
the Cost-Sharing and System Integration Agreement 
for an agreement regarding non-Federal contribu-
tions to ensure that the Regional Water System can 
be completed as required by section 623(e). 
(2) JOINT
RESPONSIBILITIES.—The United 
States shall not bear the entire amount of any cost
202 
† HR 4783 EAS 
overrun, nor shall the State be responsible to pay 
any amounts in addition to the amounts specified in 
the Cost-Sharing and System Integration Agree-
ment. 
(h) CONVEYANCE OF REGIONAL WATER SYSTEM FA-
CILITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), on 
completion of the construction of the Regional Water 
System as defined in section 623(e), the Secretary, 
in accordance with the Operating Agreement, shall 
convey to— 
(A) each Pueblo the portion of any Pueblo 
Water Facility that is located within the bound-
aries of the Pueblo, including any land or inter-
est in land located within the boundaries of the 
Pueblo that is acquired by the United States 
for the construction of the Pueblo Water Facil-
ity; 
(B) the County the County Distribution 
System, including any land or interest in land 
acquired by the United States for the construc-
tion of the County Distribution System; and 
(C) the Authority any portions of the Re-
gional Water System that remain after making 
the conveyances under subparagraphs (A) and
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† HR 4783 EAS 
(B), including any land or interest in land ac-
quired by the United States for the construc-
tion of the portions of the Regional Water Sys-
tem. 
(2) CONDITIONS FOR CONVEYANCE.—The Sec-
retary shall not convey any portion of the Regional 
Water System facilities under paragraph (1) until 
the date on which— 
(A) construction of the Regional Water 
System is substantially complete, as defined in 
section 623(e); and 
(B) the Operating Agreement is executed 
in accordance with section 612. 
(3) SUBSEQUENT
CONVEYANCE.—On convey-
ance by the Secretary under paragraph (1), the 
Pueblos, the County, and the Authority shall not re-
convey any portion of the Regional Water System 
conveyed to the Pueblos, the County, and the Au-
thority, respectively, unless the reconveyance is au-
thorized by an Act of Congress enacted after the 
date of enactment of this Act. 
(4) INTEREST OF THE UNITED STATES.—On 
conveyance of a portion of the Regional Water Sys-
tem under paragraph (1), the United States shall
204 
† HR 4783 EAS 
have no further right, title, or interest in and to the 
portion of the Regional Water System conveyed. 
(5) ADDITIONAL CONSTRUCTION.—On convey-
ance of a portion of the Regional Water System 
under paragraph (1), the Pueblos, County, or the 
Authority, as applicable, may, at the expense of the 
Pueblos, County, or the Authority, construct any ad-
ditional infrastructure that is necessary to fully use 
the water delivered by the Regional Water System. 
(6) TAXATION.—Conveyance of title to any por-
tion of the Regional Water System, the Pueblo 
Water Facilities, or the County Distribution System 
under paragraph (1) does not waive or alter any ap-
plicable Federal law prohibiting taxation of such fa-
cilities or the underlying land. 
(7) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of 
conveyance of any land or facility under this 
section, the United States shall not be held lia-
ble by any court for damages of any kind aris-
ing out of any act, omission, or occurrence re-
lating to the land and facilities conveyed, other 
than damages caused by acts of negligence by 
the United States, or by employees or agents of
205 
† HR 4783 EAS 
the United States, prior to the date of convey-
ance. 
(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’’). 
(8) EFFECT.—Nothing in any transfer of own-
ership provided or any conveyance thereto as pro-
vided in this section shall extinguish the right of any 
Pueblo, the County, or the Regional Water Author-
ity to the continuous use and benefit of each ease-
ment or right of way for the use, operation, mainte-
nance, repair, and replacement of Pueblo Water Fa-
cilities, the County Distribution System or the Re-
gional Water System or for wastewater purposes as 
provided in the Cost-Sharing and System Integra-
tion Agreement. 
SEC. 612. OPERATING AGREEMENT. 
(a) IN GENERAL.—The Pueblos and the County shall 
submit to the Secretary an executed Operating Agreement 
for the Regional Water System that is consistent with this 
title, the Settlement Agreement, and the Cost-Sharing and 
System Integration Agreement not later than 180 days 
after the later of—
206 
† HR 4783 EAS 
(1) the date of completion of environmental 
compliance and permitting; or 
(2) the date of issuance of a final project design 
for the Regional Water System under section 
611(b). 
(b) APPROVAL.—The Secretary shall approve or dis-
approve the Operating Agreement within a reasonable pe-
riod of time after the Pueblos and the County submit the 
Operating Agreement described in subsection (a) and 
upon making a determination that the Operating Agree-
ment is consistent with this title, the Settlement Agree-
ment, and the Cost-Sharing and System Integration 
Agreement. 
(c) CONTENTS.—The Operating Agreement shall in-
clude— 
(1) provisions consistent with the Settlement 
Agreement and the Cost-Sharing and System Inte-
gration Agreement and necessary to implement the 
intended benefits of the Regional Water System de-
scribed in those documents; 
(2) provisions for— 
(A) the distribution of water conveyed 
through the Regional Water System, including 
a delineation of—
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† HR 4783 EAS 
(i) distribution lines for the County 
Distribution System; 
(ii) distribution lines for the Pueblo 
Water Facilities; and 
(iii) distribution lines that serve 
both— 
(I) the County Distribution Sys-
tem; and 
(II) the Pueblo Water Facilities; 
(B) the allocation of the Regional Water 
System capacity; 
(C) the terms of use of unused water ca-
pacity in the Regional Water System; 
(D) terms of interim use of County unused 
capacity, in accordance with section 614(d); 
(E) the construction of additional infra-
structure and the acquisition of associated 
rights-of-way or easements necessary to enable 
any of the Pueblos or the County to fully use 
water allocated to the Pueblos or the County 
from the Regional Water System, including pro-
visions addressing when the construction of 
such additional infrastructure requires approval 
by the Authority;
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(F) the allocation and payment of annual 
operation, maintenance, and replacement costs 
for the Regional Water System, including the 
portions of the Regional Water System that are 
used to treat, transmit, and distribute water to 
both the Pueblo Water Facilities and the Coun-
ty Water Utility; 
(G) the operation of wellfields located on 
Pueblo land; 
(H) the transfer of any water rights nec-
essary to provide the Pueblo water supply de-
scribed in section 613(a); 
(I) the operation of the Regional Water 
System with respect to the water supply, includ-
ing the allocation of the water supply in accord-
ance with section 3.1.8.4.2 of the Settlement 
Agreement so that, in the event of a shortage 
of supply to the Regional Water System, the 
supply to each of the Pueblos’ and to the Coun-
ty’s distribution system shall be reduced on a 
pro rata basis, in proportion to each distribu-
tion system’s most current annual use; and 
(J) dispute resolution; and 
(3) provisions for operating and maintaining 
the Regional Water System facilities before and
209 
† HR 4783 EAS 
after conveyance under section 611(h), including 
provisions to— 
(A) ensure that— 
(i) the operation of, and the diversion 
and conveyance of water by, the Regional 
Water System is in accordance with the 
Settlement Agreement; 
(ii) the wells in the Regional Water 
System are used in conjunction with the 
surface water supply of the Regional 
Water System to ensure a reliable firm 
supply of water to all users of the Regional 
Water System, consistent with the intent 
of the Settlement Agreement that surface 
supplies will be used to the maximum ex-
tent feasible; 
(iii) the respective obligations regard-
ing delivery, payment, operation, and man-
agement are enforceable; and 
(iv) the County has the right to serve 
any new water users located on non-Pueblo 
land in the Pojoaque Basin; and 
(B) allow for any aquifer storage and re-
covery projects that are approved by the Office 
of the New Mexico State Engineer.
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† HR 4783 EAS 
(d) EFFECT.—Nothing in this title precludes the Op-
erating Agreement from authorizing phased or interim op-
erations if the Regional Water System is constructed in 
phases. 
SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR 
REGIONAL WATER SYSTEM. 
(a) IN GENERAL.—For the purpose of providing a 
reliable firm supply of water from the Regional Water Sys-
tem for the Pueblos in accordance with the Settlement 
Agreement, the Secretary, on behalf of the Pueblos, 
shall— 
(1) acquire water rights to— 
(A) 302 acre-feet of Nambe reserved water 
described in section 2.6.2 of the Settlement 
Agreement; and 
(B) 1141 acre-feet from water acquired by 
the County for water rights commonly referred 
to as ‘‘Top of the World’’ rights in the Aamodt 
Case; 
(2) enter into a contract with the Pueblos for 
1,079 acre-feet in accordance with section 11 of the 
San Juan-Chama Project Act; and 
(3) by application to the State Engineer, seek 
approval to divert the water acquired and made 
available under paragraphs (1) and (2) at the points
211 
† HR 4783 EAS 
of diversion for the Regional Water System, con-
sistent with the Settlement Agreement and the Cost- 
Sharing and System Integration Agreement. 
(b) FORFEITURE.—The nonuse of the water supply 
secured by the Secretary for the Pueblos under subsection 
(a) shall in no event result in forfeiture, abandonment, re-
linquishment, or other loss thereof. 
(c) TRUST.—The Pueblo water rights secured under 
subsection (a) shall be held by the United States in trust 
for the Pueblos. 
(d) APPLICABLE LAW.—The water supply made 
available pursuant to subsection (a)(2) shall be subject to 
the San Juan-Chama Project Act, and no preference shall 
be provided to the Pueblos as a result of subsection (c) 
with regard to the delivery or distribution of San Juan- 
Chama Project water or the management or operation of 
the San Juan-Chama Project. 
(e) CONTRACT
FOR SAN JUAN-CHAMA PROJECT 
WATER SUPPLY.—With respect to the contract for the 
water supply required by subsection (a)(2), such San 
Juan-Chama Project contract shall be pursuant to the fol-
lowing terms: 
(1) WAIVERS.—Notwithstanding the provisions 
of the San Juan-Chama Project Act, or any other 
provision of law—
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† HR 4783 EAS 
(A) the Secretary shall waive the entirety 
of the Pueblos’ share of the construction costs 
for the San Juan-Chama Project, and pursuant 
to that waiver, the Pueblos’ share of all con-
struction costs for the San Juan-Chama 
Project, inclusive of both principal and interest, 
due from 1972 to the execution of the contract 
required by subsection (a)(2), shall be nonreim-
bursable; 
(B) the Secretary’s waiver of each Pueblo’s 
share of the construction costs for the San 
Juan-Chama Project will not result in an in-
crease in the pro rata shares of other San 
Juan-Chama Project water contractors, but 
such costs shall be absorbed by the United 
States Treasury or otherwise appropriated to 
the Department of the Interior; and 
(C) the construction costs associated with 
any water made available from the San Juan- 
Chama Project which were determined nonreim-
bursable and nonreturnable pursuant to Public 
Law No. 88–293, 78 Stat. 171 (March 26, 
1964), shall remain nonreimbursable and non-
returnable.
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† HR 4783 EAS 
(2) TERMINATION.—The contract shall provide 
that it shall terminate only on— 
(A) failure of the United States District 
Court for the District of New Mexico to enter 
a final decree for the Aamodt Case by the expi-
ration date described in section 623(b), or with-
in the time period of any extension of that 
deadline granted by the court; or 
(B) entry of an order by the United States 
District Court for the District of New Mexico 
voiding the final decree and Settlement Agree-
ment for the Aamodt Case pursuant to section 
10.3 of the Settlement Agreement. 
(f) LIMITATION.—The Secretary shall use the water 
supply secured under subsection (a) only for the purposes 
described in the Settlement Agreement. 
(g) FULFILLMENT OF WATER SUPPLY ACQUISITION 
OBLIGATIONS.—Compliance with subsections (a) through 
(f) shall satisfy any and all obligations of the Secretary 
to acquire or secure a water supply for the Pueblos pursu-
ant to the Settlement Agreement. 
(h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE-
MENT UNAFFECTED.—Notwithstanding the provisions of 
subsections (a) through (g), the Pueblos, the County or 
the Regional Water Authority may acquire any additional
214 
† HR 4783 EAS 
water rights to ensure all parties to the Settlement Agree-
ment receive the full allocation of water provided by the 
Settlement Agreement and nothing in this title amends or 
modifies the quantities of water allocated to the Pueblos 
thereunder. 
SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL 
WATER SYSTEM CAPACITY AND WATER. 
(a) ALLOCATION OF REGIONAL WATER SYSTEM CA-
PACITY.— 
(1) IN GENERAL.—The Regional Water System 
shall have the capacity to divert from the Rio 
Grande a quantity of water sufficient to provide— 
(A) up to 4,000 acre-feet of consumptive 
use of water; and 
(B) the requisite peaking capacity de-
scribed in— 
(i) the Engineering Report; and 
(ii) the final project design. 
(2) ALLOCATION TO THE PUEBLOS AND COUN-
TY WATER UTILITY.—Of the capacity described in 
paragraph (1)— 
(A) there shall be allocated to the Pueb-
los—
215 
† HR 4783 EAS 
(i) sufficient capacity for the convey-
ance of 2,500 acre-feet consumptive use; 
and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i); and 
(B) there shall be allocated to the County 
Water Utility— 
(i) sufficient capacity for the convey-
ance of up to 1,500 acre-feet consumptive 
use; and 
(ii) the requisite peaking capacity for 
the quantity of water described in clause 
(i). 
(3) APPLICABLE
LAW.—Water shall be allo-
cated to the Pueblos and the County Water Utility 
under this subsection in accordance with— 
(A) this subtitle; 
(B) the Settlement Agreement; and 
(C) the Operating Agreement. 
(b) DELIVERY
OF
REGIONAL
WATER
SYSTEM 
WATER.—The Authority shall deliver water from the Re-
gional Water System— 
(1) to the Pueblos water in a quantity sufficient 
to allow full consumptive use of up to 2,500 acre-
216 
† HR 4783 EAS 
feet per year of water rights by the Pueblos in ac-
cordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this subtitle; and 
(2) to the County water in a quantity sufficient 
to allow full consumptive use of up to 1,500 acre- 
feet per year of water rights by the County Water 
Utility in accordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this subtitle. 
(c) ADDITIONAL USE
OF ALLOCATION QUANTITY 
AND UNUSED CAPACITY.—The Regional Water System 
may be used to— 
(1) provide for use of return flow credits to 
allow for full consumptive use of the water allocated 
in the Settlement Agreement to each of the Pueblos 
and to the County; and 
(2) convey water allocated to one of the Pueblos 
or the County Water Utility for the benefit of an-
other Pueblo or the County Water Utility or allow 
use of unused capacity by each other through the 
Regional Water System in accordance with an inter-
governmental agreement between the Pueblos, or be-
217 
† HR 4783 EAS 
tween a Pueblo and County Water Utility, as appli-
cable, if— 
(A) such intergovernmental agreements are 
consistent with the Operating Agreement, the 
Settlement Agreement, and this title; 
(B) capacity is available without reducing 
water delivery to any Pueblo or the County 
Water Utility in accordance with the Settlement 
Agreement, unless the County Water Utility or 
Pueblo contracts for a reduction in water deliv-
ery or Regional Water System capacity; 
(C) the Pueblo or County Water Utility 
contracting for use of the unused capacity or 
water has the right to use the water under ap-
plicable law; and 
(D) any agreement for the use of unused 
capacity or water provides for payment of the 
operation, maintenance, and replacement costs 
associated with the use of capacity or water. 
(d) INTERIM USE OF COUNTY CAPACITY.—In accord-
ance with section 9.6.4 of the Settlement Agreement, the 
County may use unused capacity and water rights of the 
County Water Utility to supply water within the County 
outside of the Pojoaque Basin—
218 
† HR 4783 EAS 
(1) on approval by the State and the Authority; 
and 
(2) subject to the issuance of a permit by the 
New Mexico State Engineer. 
SEC. 615. AAMODT SETTLEMENT PUEBLOS’ FUND. 
(a) ESTABLISHMENT OF THE AAMODT SETTLEMENT 
PUEBLOS’ FUND.—There is established in the Treasury 
of the United States a fund, to be known as the ‘‘Aamodt 
Settlement Pueblos’ Fund,’’ consisting of— 
(1) such amounts as are made available to the 
Fund under section 617(c) or other authorized 
sources; and 
(2) any interest earned from investment of 
amounts in the Fund under subsection (b). 
(b) MANAGEMENT OF THE FUND.—The Secretary 
shall manage the Fund, invest amounts in the Fund, and 
make amounts available from the Fund for distribution 
to the Pueblos in accordance with— 
(1) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 
and 
(2) this title. 
(c) INVESTMENT OF THE FUND.—On the date on 
which the waivers become effective as set forth in section
221 
† HR 4783 EAS 
(D) ANNUAL REPORT.—The Pueblos shall 
submit to the Secretary an annual report that 
describes all expenditures from the Fund during 
the year covered by the report. 
(6) NO PER CAPITA PAYMENTS.—No part of 
the principal of the Fund, or the interest or income 
accruing on the principal shall be distributed to any 
member of a Pueblo on a per capita basis. 
(7) AVAILABILITY
OF
AMOUNTS
FROM
THE 
FUND.— 
(A) APPROVAL
OF
SETTLEMENT
AGREE-
MENT.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), amounts made available 
under section 617(c)(1), or from other au-
thorized sources, shall be available for ex-
penditure or withdrawal only after the pub-
lication of the statement of findings re-
quired by section 623(a)(1). 
(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the amounts described in that 
clause may be expended before the date of 
publication of the statement of findings 
under section 623(a)(1) for any activity 
that is more cost-effective when imple-
222 
† HR 4783 EAS 
mented in conjunction with the construc-
tion of the Regional Water System, as de-
termined by the Secretary. 
(B) COMPLETION OF CERTAIN PORTIONS 
OF REGIONAL WATER SYSTEM.—Amounts made 
available under section 617(c)(1) or from other 
authorized sources shall be available for expend-
iture or withdrawal only after those portions of 
the Regional Water System described in section 
1.5.24 of the Settlement Agreement have been 
declared substantially complete by the Sec-
retary. 
SEC. 616. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—In carrying out this subtitle, the 
Secretary shall comply with each law of the Federal Gov-
ernment relating to the protection of the environment, in-
cluding— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(b) NATIONAL
ENVIRONMENTAL
POLICY
ACT.— 
Nothing in this title affects the outcome of any analysis 
conducted by the Secretary or any other Federal official
223 
† HR 4783 EAS 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
SEC. 617. FUNDING. 
(a) REGIONAL WATER SYSTEM.— 
(1) FUNDING.— 
(A) MANDATORY
APPROPRIATION.—Sub-
ject to paragraph (5), out of any funds in the 
Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Sec-
retary for the planning, design, and construc-
tion of the Regional Water System and the con-
duct of environmental compliance activities 
under section 616 an amount not to exceed 
$56,400,000, as adjusted under paragraph (4), 
for the period of fiscal years 2011 through 
2016, to remain available until expended. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the amount made avail-
able under subparagraph (A), there is author-
ized to be appropriated to the Secretary for the 
planning, design, and construction of the Re-
gional Water System and the conduct of envi-
ronmental compliance activities under section 
616 $50,000,000, as adjusted under paragraph
224 
† HR 4783 EAS 
(4), for the period of fiscal years 2011 through 
2024. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this title the funds transferred 
under paragraph (1)(A), without further appropria-
tion, to remain available until expended. 
(3) PRIORITY OF FUNDING.—Of the amounts 
made available under paragraph (1), the Secretary 
shall give priority to funding— 
(A) the construction of the San Ildefonso 
portion of the Regional Water System, con-
sisting of— 
(i) the surface water diversion, treat-
ment, and transmission facilities at San 
Ildefonso Pueblo; and 
(ii) the San Ildefonso Pueblo portion 
of the Pueblo Water Facilities; and 
(B) that part of the Regional Water Sys-
tem providing 475 acre-feet to Pojoaque Pueblo 
pursuant to section 2.2 of the Settlement 
Agreement. 
(4) ADJUSTMENT.—The amounts made avail-
able under paragraph (1) shall be adjusted annually 
to account for increases in construction costs since
225 
† HR 4783 EAS 
October 1, 2006, as determined using applicable en-
gineering cost indices. 
(5) LIMITATIONS.— 
(A) IN GENERAL.—No amounts shall be 
made available under paragraph (1) for the 
construction of the Regional Water System 
until the date on which the United States Dis-
trict Court for the District of New Mexico 
issues an order approving the Settlement Agree-
ment. 
(B) RECORD OF DECISION.—No amounts 
made available under paragraph (1) shall be ex-
pended for construction unless the record of de-
cision issued by the Secretary after completion 
of an environmental impact statement provides 
for a preferred alternative that is in substantial 
compliance with the proposed Regional Water 
System, as defined in the Engineering Report. 
(b) ACQUISITION OF WATER RIGHTS.— 
(1) IN
GENERAL.—Out of any funds in the 
Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary for 
the acquisition of the water rights under section 
613(a)(1)(B) $5,400,000.
226 
† HR 4783 EAS 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this title the funds transferred 
under paragraph (1), without further appropriation, 
to remain available until expended. 
(c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 
(1) FUNDING.— 
(A) MANDATORY
APPROPRIATIONS.—Out 
of any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury shall 
transfer to the Secretary the following amounts 
for the period of fiscal years 2011 through 
2015: 
(i) $15,000,000, as adjusted accord-
ing to the CPI Urban Index beginning on 
October 1, 2006, which shall be allocated 
to the Pueblos, in accordance with section 
2.7.1 of the Settlement Agreement, for the 
rehabilitation, 
improvement, 
operation, 
maintenance, and replacement of the agri-
cultural delivery facilities, waste water sys-
tems, and other water-related infrastruc-
ture of the applicable Pueblo. 
(ii) $5,000,000, as adjusted according 
to the CPI Urban Index beginning on Jan-
227 
† HR 4783 EAS 
uary 1, 2011, and any interest on that 
amount, which shall be allocated to the 
Pueblo of Nambe only for the acquisition 
land, other real property interests, or eco-
nomic development for the Nambe reserved 
water rights in accordance with section 
613(a)(1)(A). 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the amounts made avail-
able under clauses (i) and (ii) of subparagraph 
(A), respectively, there are authorized to be ap-
propriated to the Secretary for the period of fis-
cal years 2011 through 2024, $37,500,000 to 
assist the Pueblos in paying the Pueblos’ share 
of the cost of operating, maintaining, and re-
placing the Pueblo Water Facilities and the Re-
gional Water System. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT COSTS.— 
(A) IN GENERAL.—Prior to conveyance of 
the Regional Water System pursuant to section 
611, the Secretary is authorized to and shall 
pay any operation, maintenance, and replace-
ment costs associated with the Pueblo Water 
Facilities or the Regional Water System, up to
228 
† HR 4783 EAS 
the amount made available under subparagraph 
(B). 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Secretary to carry out subparagraph (A) 
$5,000,000. 
(C) OBLIGATION
OF
FEDERAL
GOVERN-
MENT AFTER COMPLETION.—After the date on 
which construction of the Regional Water Sys-
tem is completed and the amounts required to 
be deposited in the Aamodt Settlement Pueblos’ 
Fund pursuant to paragraph (1) have been de-
posited by the Federal Government— 
(i) the Federal Government shall have 
no obligation to pay for the operation, 
maintenance, and replacement costs associ-
ated with the Pueblo Water Facilities or 
the Regional Water System; and 
(ii) the authorization for the Secretary 
to expend funds for the operation, mainte-
nance, and replacement costs of those sys-
tems under subparagraph (A) shall expire. 
(3) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this title the funds transferred
229 
† HR 4783 EAS 
under paragraphs (1)(A), without further appropria-
tion, to remain available until expended or until the 
authorization for the Secretary to expend funds pur-
suant to paragraph (2) expires. 
Subtitle B—Pojoaque Basin Indian 
Water Rights Settlement 
SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT AP-
PROVAL. 
(a) APPROVAL.—To the extent the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment do not conflict with this title, the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment (including any amendments to the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment that are executed to make the Settlement Agreement 
or the Cost-Sharing and System Integration Agreement 
consistent with this title) are authorized, ratified, and con-
firmed. 
(b) EXECUTION.—To the extent the Settlement 
Agreement and the Cost-Sharing and System Integration 
Agreement do not conflict with this title, the Secretary 
shall execute the Settlement Agreement and the Cost- 
Sharing and System Integration Agreement (including 
any amendments that are necessary to make the Settle-
230 
† HR 4783 EAS 
ment Agreement or the Cost-Sharing and System Integra-
tion Agreement consistent with this title). 
(c) AUTHORITIES OF THE PUEBLOS.— 
(1) IN GENERAL.—Each of the Pueblos may 
enter into leases or contracts to exchange water 
rights or to forebear undertaking new or expanded 
water uses for water rights recognized in section 2.1 
of the Settlement Agreement for use within the 
Pojoaque Basin, in accordance with the other limita-
tions of section 2.1.5 of the Settlement Agreement, 
provided that section 2.1.5 is amended accordingly. 
(2) APPROVAL
BY
SECRETARY.—Consistent 
with the Settlement Agreement, the Secretary shall 
approve or disapprove a lease or contract entered 
into under paragraph (1). 
(3) PROHIBITION
ON
PERMANENT
ALIEN-
ATION.—No lease or contract under paragraph (1) 
shall be for a term exceeding 99 years, nor shall any 
such lease or contract provide for permanent alien-
ation of any portion of the water rights made avail-
able to the Pueblos under the Settlement Agreement. 
(4) APPLICABLE LAW.—Section 2116 of the Re-
vised Statutes (25 U.S.C. 177) shall not apply to 
any lease or contract entered into under paragraph 
(1).
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† HR 4783 EAS 
(5) LEASING OR MARKETING OF WATER SUP-
PLY.—The water supply provided on behalf of the 
Pueblos pursuant to section 613(a)(1) may only be 
leased or marketed by any of the Pueblos pursuant 
to the intergovernmental agreements described in 
section 614(c)(2). 
(d) AMENDMENTS TO CONTRACTS.—The Secretary 
shall amend the contracts relating to the Nambe Falls 
Dam and Reservoir that are necessary to use water sup-
plied from the Nambe Falls Dam and Reservoir in accord-
ance with the Settlement Agreement. 
SEC. 622. ENVIRONMENTAL COMPLIANCE. 
(a) EFFECT
OF
EXECUTION
OF
SETTLEMENT 
AGREEMENT.—The execution of the Settlement Agree-
ment under section 611(b) shall not constitute a major 
Federal action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 
carrying out this title, the Secretary shall comply with 
each law of the Federal Government relating to the protec-
tion of the environment, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
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† HR 4783 EAS 
SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT 
DATE. 
(a) CONDITIONS PRECEDENT.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register by 
September 15, 2017, a statement of findings that 
the conditions have been fulfilled. 
(2) REQUIREMENTS.—The conditions precedent 
referred to in paragraph (1) are the conditions 
that— 
(A) to the extent that the Settlement 
Agreement conflicts with this subtitle, the Set-
tlement Agreement has been revised to conform 
with this subtitle; 
(B) the Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 624, has been executed by the appropriate 
parties and the Secretary; 
(C) Congress has fully appropriated, or the 
Secretary has provided from other authorized 
sources, all funds authorized by section 617, 
with the exception of subsection (a)(1) of that 
section;
233 
† HR 4783 EAS 
(D) the Secretary has acquired and en-
tered into appropriate contracts for the water 
rights described in section 613(a); 
(E) for purposes of section 613(a), permits 
have been issued by the New Mexico State En-
gineer to the Regional Water Authority to 
change the points of diversion to the mainstem 
of the Rio Grande for the diversion and con-
sumptive use of at least 2,381 acre-feet by the 
Pueblos as part of the water supply for the Re-
gional Water System, subject to the conditions 
that— 
(i) the permits shall be free of any 
condition that materially adversely affects 
the ability of the Pueblos or the Regional 
Water Authority to divert or use the Pueb-
lo water supply described in section 
613(a), including water rights acquired in 
addition to those described in section 
613(a), in accordance with section 613(g); 
and 
(ii) the Settlement Agreement shall 
establish the means to address any permit 
conditions to ensure the ability of the 
Pueblos to fully divert and consume at
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(1) the Settlement Agreement shall no longer 
be effective; 
(2) the waivers and releases described in the 
Settlement Agreement and section 624 shall not be 
effective; 
(3) any unexpended Federal funds appropriated 
or made available to carry out the activities author-
ized by this title, together with any interest earned 
on those funds, any water rights or contracts to use 
water, and title to other property acquired or con-
structed with Federal funds appropriated or made 
available to carry out the activities authorized by 
this title shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Pueblos and 
the United States and approved by Congress; and 
(4) except for Federal funds used to acquire or 
develop property that is returned to the Federal 
Government under paragraph (3), the United States 
shall be entitled to set off any Federal funds appro-
priated or made available to carry out the activities 
authorized by this title that were expended or with-
drawn, together with any interest accrued on those 
funds, against any claims against the United 
States—
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(A) relating to water rights in the 
Pojoaque Basin asserted by any Pueblo that 
benefitted from the use of expended or with-
drawn Federal funds; or 
(B) in any future settlement of the 
Aamodt Case. 
(c) ENFORCEMENT DATE.—The Settlement Agree-
ment shall become enforceable beginning on the date on 
which the United States District Court for the District 
of New Mexico enters a partial final decree pursuant to 
subsection (a)(2)(G) and an Interim Administrative Order 
consistent with the Settlement Agreement. 
(d) EFFECTIVENESS OF WAIVERS.—The waivers and 
releases executed pursuant to section 624 shall become ef-
fective as of the date that the Secretary publishes the no-
tice required by subsection (a)(1). 
(e) REQUIREMENTS FOR DETERMINATION OF SUB-
STANTIAL COMPLETION OF THE REGIONAL WATER SYS-
TEM.— 
(1) CRITERIA FOR SUBSTANTIAL COMPLETION 
OF REGIONAL WATER SYSTEM.—Subject to the pro-
visions in section 611(d) concerning the extent, size, 
and capacity of the County Distribution System, the 
Regional Water System shall be determined to be
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substantially completed if the infrastructure has 
been constructed capable of— 
(A) diverting, treating, transmitting, and 
distributing a supply of 2,500 acre-feet of water 
to the Pueblos; and 
(B) diverting, treating, and transmitting 
the quantity of water specified in the Engineer-
ing Report to the County Distribution System. 
(2) CONSULTATION.—On or after June 30, 
2021, at the request of 1 or more of the Pueblos, 
the Secretary shall consult with the Pueblos and 
confer with the County and the State on whether the 
criteria in paragraph (1) for substantial completion 
of the Regional Water System have been met or will 
be met by June 30, 2024. 
(3) 
WRITTEN
DETERMINATION
BY
SEC-
RETARY.—Not earlier than June 30, 2021, at the 
request of 1 or more of the Pueblos and after the 
consultation required by paragraph (2), the Sec-
retary shall— 
(A) determine whether the Regional Water 
System has been substantially completed based 
on the criteria described in paragraph (1); and 
(B) submit a written notice of the deter-
mination under subparagraph (A) to—