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(B) not more than 80 acre-feet of ground-
water in the Rio Grande Basin in the State of 
New Mexico; and 
(C) not more than 770 acre-feet of ground-
water in the Little Colorado River Basin in the 
State of Arizona. 
(2) USE.—Groundwater diverted and distributed 
under paragraph (1) shall be used for municipal and 
domestic uses. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may acquire any land or in-
terest in land that is necessary for the construction, 
operation, and maintenance of the wells and related 
pipeline facilities authorized under subsections (b) 
and (c). 
(2) LIMITATION.—Nothing in this subsection au-
thorizes the Secretary to condemn water rights for the 
purposes described in paragraph (1). 
(e) CONDITION.—The Secretary shall not commence 
any construction activity relating to the wells described in 
subsections (b) and (c) until the Secretary executes the 
Agreement. 
(f) CONVEYANCE OF WELLS.—
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† HR 146 EAS 
(1) IN GENERAL.—On the determination of the 
Secretary that the wells and related facilities are sub-
stantially complete and delivery of water generated by 
the wells can be made to the Nation, an agreement 
with the Nation shall be entered into, to convey to the 
Nation title to— 
(A) any well or related pipeline facility 
constructed or rehabilitated under subsections (a) 
and (b) after the wells and related facilities have 
been completed; and 
(B) any land or interest in land acquired 
by the United States for the construction, oper-
ation, and maintenance of the well or related 
pipeline facility. 
(2) OPERATION, MAINTENANCE, AND
REPLACE-
MENT.— 
(A) IN GENERAL.—The Secretary is author-
ized to pay operation and maintenance costs for 
the wells and related pipeline facilities author-
ized under this subsection until title to the facili-
ties is conveyed to the Nation. 
(B) SUBSEQUENT
ASSUMPTION
BY
NA-
TION.—On completion of a conveyance of title 
under paragraph (1), the Nation shall assume all
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† HR 146 EAS 
responsibility for the operation and maintenance 
of the well or related pipeline facility conveyed. 
(3) EFFECT OF CONVEYANCE.—The conveyance 
of title to the Nation of the conjunctive use wells 
under paragraph (1) shall not affect the application 
of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
(g) USE OF PROJECT FACILITIES.—The capacities of 
the treatment facilities, main pipelines, and lateral pipe-
lines of the Project authorized by section 10602(b) may be 
used to treat and convey groundwater to Nation commu-
nities if the Nation provides for payment of the operation, 
maintenance, and replacement costs associated with the use 
of the facilities or pipelines. 
(h) LIMITATIONS.—The diversion and use of ground-
water by wells constructed or rehabilitated under this sec-
tion shall be made in a manner consistent with applicable 
Federal and State law. 
SEC. 
10607. 
SAN 
JUAN 
RIVER 
NAVAJO 
IRRIGATION 
PROJECTS. 
(a) REHABILITATION.—Subject to subsection (b), the 
Secretary shall rehabilitate— 
(1) the Fruitland-Cambridge Irrigation Project 
to serve not more than 3,335 acres of land, which
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shall be considered to be the total serviceable area of 
the project; and 
(2) the Hogback-Cudei Irrigation Project to serve 
not more than 8,830 acres of land, which shall be con-
sidered to be the total serviceable area of the project. 
(b) CONDITION.—The Secretary shall not commence 
any construction activity relating to the rehabilitation of 
the Fruitland-Cambridge Irrigation Project or the Hogback- 
Cudei Irrigation Project under subsection (a) until the Sec-
retary executes the Agreement. 
(c) OPERATION, MAINTENANCE, AND REPLACEMENT 
OBLIGATION.—The Nation shall continue to be responsible 
for the operation, maintenance, and replacement of each fa-
cility rehabilitated under this section. 
SEC. 10608. OTHER IRRIGATION PROJECTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary, in consultation 
with the State of New Mexico (acting through the Interstate 
Stream Commission) and the Non-Navajo Irrigation Dis-
tricts that elect to participate, shall— 
(1) conduct a study of Non-Navajo Irrigation 
District diversion and ditch facilities; and 
(2) based on the study, identify and prioritize a 
list of projects, with associated cost estimates, that are 
recommended to be implemented to repair, rehabili-
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† HR 146 EAS 
tate, or reconstruct irrigation diversion and ditch fa-
cilities to improve water use efficiency. 
(b) GRANTS.—The Secretary may provide grants to, 
and enter into cooperative agreements with, the Non-Navajo 
Irrigation Districts to plan, design, or otherwise implement 
the projects identified under subsection (a)(2). 
(c) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of the 
total cost of carrying out a project under subsection 
(b) shall be not more than 50 percent, and shall be 
nonreimbursable. 
(2) FORM.—The non-Federal share required 
under paragraph (1) may be in the form of in-kind 
contributions, including the contribution of any valu-
able asset or service that the Secretary determines 
would substantially contribute to a project carried out 
under subsection (b). 
(3) STATE CONTRIBUTION.—The Secretary may 
accept from the State of New Mexico a partial or total 
contribution toward the non-Federal share for a 
project carried out under subsection (b). 
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR NAV-
AJO-GALLUP WATER SUPPLY PROJECT.—
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† HR 146 EAS 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary to plan, design, and con-
struct the Project $870,000,000 for the period of fiscal 
years 2009 through 2024, to remain available until 
expended. 
(2) ADJUSTMENTS.—The amount under para-
graph (1) shall be adjusted by such amounts as may 
be required by reason of changes since 2007 in con-
struction costs, as indicated by engineering cost indi-
ces applicable to the types of construction involved. 
(3) USE.—In addition to the uses authorized 
under paragraph (1), amounts made available under 
that paragraph may be used for the conduct of related 
activities to comply with Federal environmental laws. 
(4) OPERATION AND MAINTENANCE.— 
(A) IN GENERAL.—There are authorized to 
be appropriated such sums as are necessary to 
operate and maintain the Project consistent with 
this subtitle. 
(B) EXPIRATION.—The authorization under 
subparagraph (A) shall expire 10 years after the 
year the Secretary declares the Project to be sub-
stantially complete. 
(b) 
APPROPRIATIONS
FOR
CONJUNCTIVE
USE 
WELLS.—
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(1) SAN JUAN WELLS.—There is authorized to be 
appropriated to the Secretary for the construction or 
rehabilitation and operation and maintenance of con-
junctive use wells under section 10606(b) $30,000,000, 
as adjusted under paragraph (3), for the period of fis-
cal years 2009 through 2019. 
(2) WELLS IN THE LITTLE COLORADO AND RIO 
GRANDE BASINS.—There are authorized to be appro-
priated to the Secretary for the construction or reha-
bilitation and operation and maintenance of conjunc-
tive use wells under section 10606(c) such sums as are 
necessary for the period of fiscal years 2009 through 
2024. 
(3) ADJUSTMENTS.—The amount under para-
graph (1) shall be adjusted by such amounts as may 
be required by reason of changes since 2008 in con-
struction costs, as indicated by engineering cost indi-
ces applicable to the types of construction or rehabili-
tation involved. 
(4) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under paragraphs (1) and 
(2) shall be nonreimbursable to the United States. 
(5) USE.—In addition to the uses authorized 
under paragraphs (1) and (2), amounts made avail-
able under that paragraph may be used for the con-
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† HR 146 EAS 
duct of related activities to comply with Federal envi-
ronmental laws. 
(6) 
LIMITATION.—Appropriations 
authorized 
under paragraph (1) shall not be used for operation 
or maintenance of any conjunctive use wells at a time 
in excess of 3 years after the well is declared substan-
tially complete. 
(c) SAN JUAN RIVER IRRIGATION PROJECTS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary— 
(A) to carry out section 10607(a)(1), not 
more than $7,700,000, as adjusted under para-
graph (2), for the period of fiscal years 2009 
through 2016, to remain available until ex-
pended; and 
(B) to carry out section 10607(a)(2), not 
more than $15,400,000, as adjusted under para-
graph (2), for the period of fiscal years 2009 
through 2019, to remain available until ex-
pended. 
(2) ADJUSTMENT.—The amounts made available 
under paragraph (1) shall be adjusted by such 
amounts as may be required by reason of changes 
since January 1, 2004, in construction costs, as indi-
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† HR 146 EAS 
cated by engineering cost indices applicable to the 
types of construction involved in the rehabilitation. 
(3) 
NONREIMBURSABLE
EXPENDITURES.— 
Amounts made available under this subsection shall 
be nonreimbursable to the United States. 
(d) OTHER IRRIGATION PROJECTS.—There are author-
ized to be appropriated to the Secretary to carry out section 
10608 $11,000,000 for the period of fiscal years 2009 
through 2019. 
(e) CULTURAL RESOURCES.— 
(1) IN GENERAL.—The Secretary may use not 
more than 2 percent of amounts made available under 
subsections (a), (b), and (c) for the survey, recovery, 
protection, preservation, and display of archaeological 
resources in the area of a Project facility or conjunc-
tive use well. 
(2) NONREIMBURSABLE
EXPENDITURES.—Any 
amounts made available under paragraph (1) shall be 
nonreimbursable. 
(f) FISH AND WILDLIFE FACILITIES.— 
(1) IN GENERAL.—In association with the devel-
opment of the Project, the Secretary may use not 
more than 4 percent of amounts made available under 
subsections (a), (b), and (c) to purchase land and con-
struct and maintain facilities to mitigate the loss of,
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† HR 146 EAS 
and improve conditions for the propagation of, fish 
and wildlife if any such purchase, construction, or 
maintenance will not affect the operation of any 
water project or use of water. 
(2) NONREIMBURSABLE
EXPENDITURES.—Any 
amounts expended under paragraph (1) shall be non-
reimbursable. 
PART IV—NAVAJO NATION WATER RIGHTS 
SEC. 10701. AGREEMENT. 
(a) AGREEMENT APPROVAL.— 
(1) APPROVAL BY CONGRESS.—Except to the ex-
tent that any provision of the Agreement conflicts 
with this subtitle, Congress approves, ratifies, and 
confirms the Agreement (including any amendments 
to the Agreement that are executed to make the Agree-
ment consistent with this subtitle). 
(2) EXECUTION BY SECRETARY.—The Secretary 
shall enter into the Agreement to the extent that the 
Agreement does not conflict with this subtitle, includ-
ing— 
(A) any exhibits to the Agreement requiring 
the signature of the Secretary; and 
(B) any amendments to the Agreement nec-
essary to make the Agreement consistent with 
this subtitle.
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(3) AUTHORITY OF SECRETARY.—The Secretary 
may carry out any action that the Secretary deter-
mines is necessary or appropriate to implement the 
Agreement, the Contract, and this section. 
(4) ADMINISTRATION OF NAVAJO RESERVOIR RE-
LEASES.—The State of New Mexico may administer 
water that has been released from storage in Navajo 
Reservoir in accordance with subparagraph 9.1 of the 
Agreement. 
(b) WATER AVAILABLE UNDER CONTRACT.— 
(1) QUANTITIES OF WATER AVAILABLE.— 
(A) IN
GENERAL.—Water shall be made 
available annually under the Contract for 
projects in the State of New Mexico supplied 
from the Navajo Reservoir and the San Juan 
River (including tributaries of the River) under 
New Mexico State Engineer File Numbers 2849, 
2883, and 3215 in the quantities described in 
subparagraph (B). 
(B) WATER QUANTITIES.—The quantities of 
water referred to in subparagraph (A) are as fol-
lows:
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Diver-
sion 
(acre- 
feet/ 
year) 
Deple-
tion 
(acre- 
feet/ 
year) 
Navajo Indian Irrigation Project 
508,000 
270,000 
Navajo-Gallup Water Supply Project 
22,650 
20,780 
Animas-La Plata Project 
4,680 
2,340 
Total 
535,330 
293,120 
(C) MAXIMUM
QUANTITY.—A diversion of 
water to the Nation under the Contract for a 
project described in subparagraph (B) shall not 
exceed the quantity of water necessary to supply 
the amount of depletion for the project. 
(D) TERMS, 
CONDITIONS, 
AND
LIMITA-
TIONS.—The diversion and use of water under 
the Contract shall be subject to and consistent 
with the terms, conditions, and limitations of the 
Agreement, this subtitle, and any other applica-
ble law. 
(2) AMENDMENTS TO CONTRACT.—The Secretary, 
with the consent of the Nation, may amend the Con-
tract if the Secretary determines that the amendment 
is— 
(A) consistent with the Agreement; and 
(B) in the interest of conserving water or 
facilitating beneficial use by the Nation or a sub-
contractor of the Nation.
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† HR 146 EAS 
(3) RIGHTS OF THE NATION.—The Nation may, 
under the Contract— 
(A) use tail water, wastewater, and return 
flows attributable to a use of the water by the 
Nation or a subcontractor of the Nation if— 
(i) the depletion of water does not ex-
ceed the quantities described in paragraph 
(1); and 
(ii) the use of tail water, wastewater, 
or return flows is consistent with the terms, 
conditions, and limitations of the Agree-
ment, and any other applicable law; and 
(B) change a point of diversion, change a 
purpose or place of use, and transfer a right for 
depletion under this subtitle (except for a point 
of diversion, purpose or place of use, or right for 
depletion for use in the State of Arizona under 
section 10603(b)(2)(D)), to another use, purpose, 
place, or depletion in the State of New Mexico to 
meet a water resource or economic need of the 
Nation if— 
(i) the change or transfer is subject to 
and consistent with the terms of the Agree-
ment, the Partial Final Decree described in
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paragraph 3.0 of the Agreement, the Con-
tract, and any other applicable law; and 
(ii) a change or transfer of water use 
by the Nation does not alter any obligation 
of the United States, the Nation, or another 
party to pay or repay project construction, 
operation, maintenance, or replacement 
costs under this subtitle and the Contract. 
(c) SUBCONTRACTS.— 
(1) IN GENERAL.— 
(A) SUBCONTRACTS BETWEEN NATION AND 
THIRD
PARTIES.—The Nation may enter into 
subcontracts for the delivery of Project water 
under the Contract to third parties for any bene-
ficial use in the State of New Mexico (on or off 
land held by the United States in trust for the 
Nation or a member of the Nation or land held 
in fee by the Nation). 
(B) APPROVAL REQUIRED.—A subcontract 
entered into under subparagraph (A) shall not be 
effective until approved by the Secretary in ac-
cordance with this subsection and the Contract. 
(C) SUBMITTAL.—The Nation shall submit 
to the Secretary for approval or disapproval any 
subcontract entered into under this subsection.
1066 
† HR 146 EAS 
(D) DEADLINE.—The Secretary shall ap-
prove or disapprove a subcontract submitted to 
the Secretary under subparagraph (C) not later 
than the later of— 
(i) the date that is 180 days after the 
date on which the subcontract is submitted 
to the Secretary; and 
(ii) the date that is 60 days after the 
date on which a subcontractor complies 
with— 
(I) section 102(2)(C) of the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)); and 
(II) any other requirement of Fed-
eral law. 
(E) ENFORCEMENT.—A party to a sub-
contract may enforce the deadline described in 
subparagraph (D) under section 1361 of title 28, 
United States Code. 
(F) COMPLIANCE
WITH
OTHER
LAW.—A 
subcontract described in subparagraph (A) shall 
comply with the Agreement, the Partial Final 
Decree described in paragraph 3.0 of the Agree-
ment, and any other applicable law.
1067 
† HR 146 EAS 
(G) NO LIABILITY.—The Secretary shall not 
be liable to any party, including the Nation, for 
any term of, or any loss or other detriment re-
sulting from, a lease, contract, or other agree-
ment entered into pursuant to this subsection. 
(2) ALIENATION.— 
(A) PERMANENT ALIENATION.—The Nation 
shall not permanently alienate any right granted 
to the Nation under the Contract. 
(B) MAXIMUM
TERM.—The term of any 
water use subcontract (including a renewal) 
under this subsection shall be not more than 99 
years. 
(3) NONINTERCOURSE
ACT
COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization for 
the subcontracting rights of the Nation; and 
(B) is deemed to fulfill any requirement 
that may be imposed by section 2116 of the Re-
vised Statutes (25 U.S.C. 177). 
(4) FORFEITURE.—The nonuse of the water sup-
ply secured by a subcontractor of the Nation under 
this subsection shall not result in forfeiture, abandon-
ment, relinquishment, or other loss of any part of a
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† HR 146 EAS 
right decreed to the Nation under the Contract or this 
section. 
(5) NO PER CAPITA PAYMENTS.—No part of the 
revenue from a water use subcontract under this sub-
section shall be distributed to any member of the Na-
tion on a per capita basis. 
(d) 
WATER
LEASES
NOT
REQUIRING
SUB-
CONTRACTS.— 
(1) AUTHORITY OF NATION.— 
(A) IN GENERAL.—The Nation may lease, 
contract, or otherwise transfer to another party 
or to another purpose or place of use in the State 
of New Mexico (on or off land that is held by the 
United States in trust for the Nation or a mem-
ber of the Nation or held in fee by the Nation) 
a water right that— 
(i) is decreed to the Nation under the 
Agreement; and 
(ii) is not subject to the Contract. 
(B) COMPLIANCE
WITH
OTHER
LAW.—In 
carrying out an action under this subsection, the 
Nation shall comply with the Agreement, the 
Partial Final Decree described in paragraph 3.0 
of the Agreement, the Supplemental Partial
1069 
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Final Decree described in paragraph 4.0 of the 
Agreement, and any other applicable law. 
(2) ALIENATION; MAXIMUM TERM.— 
(A) ALIENATION.—The Nation shall not 
permanently alienate any right granted to the 
Nation under the Agreement. 
(B) MAXIMUM
TERM.—The term of any 
water use lease, contract, or other arrangement 
(including a renewal) under this subsection shall 
be not more than 99 years. 
(3) NO LIABILITY.—The Secretary shall not be 
liable to any party, including the Nation, for any 
term of, or any loss or other detriment resulting from, 
a lease, contract, or other agreement entered into pur-
suant to this subsection. 
(4) NONINTERCOURSE
ACT
COMPLIANCE.—This 
subsection— 
(A) provides congressional authorization for 
the lease, contracting, and transfer of any water 
right described in paragraph (1)(A); and 
(B) is deemed to fulfill any requirement 
that may be imposed by the provisions of section 
2116 of the Revised Statutes (25 U.S.C. 177). 
(5) FORFEITURE.—The nonuse of a water right 
of the Nation by a lessee or contractor to the Nation
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† HR 146 EAS 
under this subsection shall not result in forfeiture, 
abandonment, relinquishment, or other loss of any 
part of a right decreed to the Nation under the Con-
tract or this section. 
(e) NULLIFICATION.— 
(1) DEADLINES.— 
(A) IN GENERAL.—In carrying out this sec-
tion, the following deadlines apply with respect 
to implementation of the Agreement: 
(i) AGREEMENT.—Not later than De-
cember 31, 2010, the Secretary shall execute 
the Agreement. 
(ii) CONTRACT.—Not later than De-
cember 31, 2010, the Secretary and the Na-
tion shall execute the Contract. 
(iii) PARTIAL
FINAL
DECREE.—Not 
later than December 31, 2013, the court in 
the stream adjudication shall have entered 
the Partial Final Decree described in para-
graph 3.0 of the Agreement. 
(iv) FRUITLAND-CAMBRIDGE
IRRIGA-
TION PROJECT.—Not later than December 
31, 2016, the rehabilitation construction of 
the Fruitland-Cambridge Irrigation Project
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† HR 146 EAS 
authorized under section 10607(a)(1) shall 
be completed. 
(v) SUPPLEMENTAL PARTIAL FINAL DE-
CREE.—Not later than December 31, 2016, 
the court in the stream adjudication shall 
enter the Supplemental Partial Final De-
cree described in subparagraph 4.0 of the 
Agreement. 
(vi) 
HOGBACK-CUDEI
IRRIGATION 
PROJECT.—Not later than December 31, 
2019, the rehabilitation construction of the 
Hogback-Cudei Irrigation Project author-
ized under section 10607(a)(2) shall be com-
pleted. 
(vii) TRUST
FUND.—Not later than 
December 31, 2019, the United States shall 
make all deposits into the Trust Fund 
under section 10702. 
(viii) CONJUNCTIVE WELLS.—Not later 
than December 31, 2019, the funds author-
ized to be appropriated under section 
10609(b)(1) for the conjunctive use wells au-
thorized under section 10606(b) should be 
appropriated.
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† HR 146 EAS 
(ix) NAVAJO-GALLUP
WATER
SUPPLY 
PROJECT.—Not later than December 31, 
2024, the construction of all Project facili-
ties shall be completed. 
(B) EXTENSION.—A deadline described in 
subparagraph (A) may be extended if the Nation, 
the United States (acting through the Secretary), 
and the State of New Mexico (acting through the 
New Mexico Interstate Stream Commission) 
agree that an extension is reasonably necessary. 
(2) REVOCABILITY
OF
AGREEMENT, CONTRACT 
AND AUTHORIZATIONS.— 
(A) PETITION.—If the Nation determines 
that a deadline described in paragraph (1)(A) is 
not substantially met, the Nation may submit to 
the court in the stream adjudication a petition 
to enter an order terminating the Agreement and 
Contract. 
(B) TERMINATION.—On issuance of an 
order to terminate the Agreement and Contract 
under subparagraph (A)— 
(i) the Trust Fund shall be terminated; 
(ii) the balance of the Trust Fund shall 
be deposited in the general fund of the 
Treasury;
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† HR 146 EAS 
(iii) the authorizations for construction 
and rehabilitation of water projects under 
this subtitle shall be revoked and any Fed-
eral activity related to that construction 
and rehabilitation shall be suspended; and 
(iv) this part and parts I and III shall 
be null and void. 
(3) CONDITIONS NOT CAUSING NULLIFICATION OF 
SETTLEMENT.— 
(A) IN GENERAL.—If a condition described 
in subparagraph (B) occurs, the Agreement and 
Contract shall not be nullified or terminated. 
(B) CONDITIONS.—The conditions referred 
to in subparagraph (A) are as follows: 
(i) A lack of right to divert at the ca-
pacities of conjunctive use wells constructed 
or rehabilitated under section 10606. 
(ii) A failure— 
(I) to determine or resolve an ac-
counting of the use of water under this 
subtitle in the State of Arizona; 
(II) to obtain a necessary water 
right for the consumptive use of water 
in Arizona;
1074 
† HR 146 EAS 
(III) to contract for the delivery of 
water for use in Arizona; or 
(IV) to construct and operate a 
lateral facility to deliver water to a 
community of the Nation in Arizona, 
under the Project. 
(f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in the Agreement, the Contract, or 
this section quantifies or adversely affects the land 
and water rights, or claims or entitlements to water, 
of any Indian tribe or community other than the 
rights, claims, or entitlements of the Nation in, to, 
and from the San Juan River Basin in the State of 
New Mexico. 
(2) EXCEPTION.—The right of the Nation to use 
water under water rights the Nation has in other 
river basins in the State of New Mexico shall be 
forborne to the extent that the Nation supplies the 
uses for which the water rights exist by diversions of 
water from the San Juan River Basin under the 
Project consistent with subparagraph 9.13 of the 
Agreement.
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SEC. 10702. TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a fund to be known as the ‘‘Navajo Nation Water 
Resources Development Trust Fund’’, consisting of— 
(1) such amounts as are appropriated to the 
Trust Fund under subsection (f); and 
(2) any interest earned on investment of 
amounts in the Trust Fund under subsection (d). 
(b) USE OF FUNDS.—The Nation may use amounts 
in the Trust Fund— 
(1) to investigate, construct, operate, maintain, 
or replace water project facilities, including facilities 
conveyed to the Nation under this subtitle and facili-
ties owned by the United States for which the Nation 
is responsible for operation, maintenance, and re-
placement costs; and 
(2) to investigate, implement, or improve a 
water conservation measure (including a metering or 
monitoring activity) necessary for the Nation to make 
use of a water right of the Nation under the Agree-
ment. 
(c) MANAGEMENT.—The Secretary shall manage the 
Trust Fund, invest amounts in the Trust Fund pursuant 
to subsection (d), and make amounts available from the 
Trust Fund for distribution to the Nation in accordance
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† HR 146 EAS 
with the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) INVESTMENT OF THE TRUST FUND.—Beginning 
on October 1, 2019, the Secretary shall invest amounts in 
the Trust Fund in accordance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 1938 
(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.). 
(e) CONDITIONS
FOR EXPENDITURES
AND WITH-
DRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN
GENERAL.—Subject to paragraph 
(7), on approval by the Secretary of a tribal 
management plan in accordance with the Amer-
ican Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Nation 
may withdraw all or a portion of the amounts 
in the Trust Fund. 
(B) REQUIREMENTS.—In addition to any 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the tribal management plan 
shall require that the Nation only use amounts
1077 
† HR 146 EAS 
in the Trust Fund for the purposes described in 
subsection (b), including the identification of 
water conservation measures to be implemented 
in association with the agricultural water use of 
the Nation. 
(2) ENFORCEMENT.—The Secretary may take ju-
dicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that 
any amounts withdrawn from the Trust Fund are 
used in accordance with this subtitle. 
(3) NO LIABILITY.—Neither the Secretary nor the 
Secretary of the Treasury shall be liable for the ex-
penditure or investment of any amounts withdrawn 
from the Trust Fund by the Nation. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Nation shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts in the Trust 
Fund made available under this section that the 
Nation does not withdraw under this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, funds of the Nation remaining 
in the Trust Fund will be used.
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† HR 146 EAS 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this subtitle. 
(5) ANNUAL REPORT.—The Nation shall submit 
to the Secretary an annual report that describes any 
expenditures from the Trust Fund during the year 
covered by the report. 
(6) LIMITATION.—No portion of the amounts in 
the Trust Fund shall be distributed to any Nation 
member on a per capita basis. 
(7) CONDITIONS.—Any amount authorized to be 
appropriated to the Trust Fund under subsection (f) 
shall not be available for expenditure or with-
drawal— 
(A) before December 31, 2019; and 
(B) until the date on which the court in the 
stream adjudication has entered— 
(i) the Partial Final Decree; and 
(ii) the Supplemental Partial Final 
Decree. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for deposit in the Trust 
Fund—
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(1) $6,000,000 for each of fiscal years 2010 
through 2014; and 
(2) $4,000,000 for each of fiscal years 2015 
through 2019. 
SEC. 10703. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE NATION
AND
THE UNITED 
STATES.—In return for recognition of the Nation’s water 
rights and other benefits, including but not limited to the 
commitments by other parties, as set forth in the Agreement 
and this subtitle, the Nation, on behalf of itself and members 
of the Nation (other than members in the capacity of the 
members as allottees), and the United States acting in its 
capacity as trustee for the Nation, shall execute a waiver 
and release of— 
(1) all claims for water rights in, or for waters 
of, the San Juan River Basin in the State of New 
Mexico that the Nation, or the United States as trust-
ee for the Nation, asserted, or could have asserted, in 
any proceeding, including but not limited to the 
stream adjudication, up to and including the effective 
date described in subsection (e), except to the extent 
that such rights are recognized in the Agreement or 
this subtitle; 
(2) all claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion,
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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 San Juan River Basin in the State of 
New Mexico that accrued at any time up to and in-
cluding the effective date described in subsection (e); 
(3) all claims of any damage, loss, or injury or 
for injunctive or other relief because of the condition 
of or changes in water quality related to, or arising 
out of, the exercise of water rights; and 
(4) all claims against the State of New Mexico, 
its agencies, or employees relating to the negotiation 
or the adoption of the Agreement. 
(b) CLAIMS BY THE NATION AGAINST THE UNITED 
STATES.—The Nation, on behalf of itself and its members 
(other than in the capacity of the members as allottees), 
shall execute a waiver and release of— 
(1) all claims against the United States, its 
agencies, or employees relating to claims for water 
rights in or waters of the San Juan River Basin in 
the State of New Mexico that the United States, act-
ing in its capacity as trustee for the Nation, asserted, 
or could have asserted, in any proceeding, including 
but not limited to the stream adjudication;
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(2) all claims against the United States, its 
agencies, or employees relating to damages, losses, or 
injuries to water, water rights, land, or natural re-
sources due to loss of water or water rights (including 
but not limited to damages, losses, or injuries to hunt-
ing, fishing, gathering, or cultural rights due to loss 
of water or water rights; claims relating to inference 
with, diversion, or taking of water or water rights; or 
claims relating to failure to protect, acquire, replace, 
or develop water or water rights) in the San Juan 
River Basin in the State of New Mexico that first ac-
crued at any time up to and including the effective 
date described in subsection (e); 
(3) all claims against the United States, its 
agencies, or employees relating to the pending litiga-
tion of claims relating to the Nation’s water rights in 
the stream adjudication; and 
(4) all claims against the United States, its 
agencies, or employees relating to the negotiation, exe-
cution, or the adoption of the Agreement, the decrees, 
the Contract, or this subtitle. 
(c) RESERVATION OF CLAIMS.—Notwithstanding the 
waivers and releases authorized in this subtitle, the Nation 
on behalf of itself and its members (including members in 
the capacity of the members as allottees) and the United
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States acting in its capacity as trustee for the Nation and 
allottees, retain— 
(1) all claims for water rights or injuries to 
water rights arising out of activities occurring outside 
the San Juan River Basin in the State of New Mex-
ico, subject to paragraphs 8.0, 9.3, 9.12, 9.13, and 
13.9 of the Agreement; 
(2) all claims for enforcement of the Agreement, 
the Contract, the Partial Final Decree, the Supple-
mental Partial Final Decree, or this subtitle, through 
any legal and equitable remedies available in any 
court of competent jurisdiction; 
(3) all rights to use and protect water rights ac-
quired pursuant to State law after the date of enact-
ment of this Act; 
(4) all claims relating to activities affecting the 
quality of water not related to the exercise of water 
rights, including but not limited to any claims the 
Nation might have under— 
(A) the Comprehensive Environmental 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.); and
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(C) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(5) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss of 
water or water rights; and 
(6) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released 
under the terms of the Agreement or this subtitle. 
(d) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of this 
Act and ending on the earlier of— 
(A) March 1, 2025; or 
(B) the effective date described in subsection 
(e). 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other applica-
ble law.
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(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The waivers and releases de-
scribed in subsections (a) and (b) shall be effective on 
the date on which the Secretary publishes in the Fed-
eral Register a statement of findings documenting 
that each of the deadlines described in section 
10701(e)(1) have been met. 
(2) DEADLINE.—If the deadlines described in 
section 10701(e)(1)(A) have not been met by the later 
of March 1, 2025, or the date of any extension under 
section 10701(e)(1)(B)— 
(A) the waivers and releases described in 
subsections (a) and (b) shall be of no effect; and 
(B) section 10701(e)(2)(B) shall apply. 
SEC. 10704. WATER RIGHTS HELD IN TRUST. 
A tribal water right adjudicated and described in 
paragraph 3.0 of the Partial Final Decree and in para-
graph 3.0 of the Supplemental Partial Final Decree shall 
be held in trust by the United States on behalf of the Nation. 
Subtitle C—Shoshone-Paiute Tribes 
of the Duck Valley Reservation 
Water Rights Settlement 
SEC. 10801. FINDINGS. 
Congress finds that—
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(1) it is the policy of the United States, in ac-
cordance with the trust responsibility of the United 
States to Indian tribes, to promote Indian self-deter-
mination and economic self-sufficiency and to settle 
Indian water rights claims without lengthy and costly 
litigation, if practicable; 
(2) quantifying rights to water and development 
of facilities needed to use tribal water supplies is es-
sential to the development of viable Indian reserva-
tion economies and the establishment of a permanent 
reservation homeland; 
(3) uncertainty concerning the extent of the Sho-
shone-Paiute Tribes’ water rights has resulted in lim-
ited access to water and inadequate financial re-
sources necessary to achieve self-determination and 
self-sufficiency; 
(4) in 2006, the Tribes, the State of Idaho, the 
affected individual water users, and the United States 
resolved all tribal claims to water rights in the Snake 
River Basin Adjudication through a consent decree 
entered by the District Court of the Fifth Judicial 
District of the State of Idaho, requiring no further 
Federal action to quantify the Tribes’ water rights in 
the State of Idaho;
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(5) as of the date of enactment of this Act, pro-
ceedings to determine the extent and nature of the 
water rights of the Tribes in the East Fork of the 
Owyhee River in Nevada are pending before the Ne-
vada State Engineer; 
(6) final resolution of the Tribes’ water claims in 
the East Fork of the Owyhee River adjudication 
will— 
(A) take many years; 
(B) entail great expense; 
(C) continue to limit the access of the Tribes 
to water, with economic and social consequences; 
(D) prolong uncertainty relating to the 
availability of water supplies; and 
(E) seriously impair long-term economic 
planning and development for all parties to the 
litigation; 
(7) after many years of negotiation, the Tribes, 
the State, and the upstream water users have entered 
into a settlement agreement to resolve permanently all 
water rights of the Tribes in the State; and 
(8) the Tribes also seek to resolve certain water- 
related claims for damages against the United States. 
SEC. 10802. PURPOSES. 
The purposes of this subtitle are—
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(1) to resolve outstanding issues with respect to 
the East Fork of the Owyhee River in the State in 
such a manner as to provide important benefits to— 
(A) the United States; 
(B) the State; 
(C) the Tribes; and 
(D) the upstream water users; 
(2) to achieve a fair, equitable, and final settle-
ment of all claims of the Tribes, members of the 
Tribes, and the United States on behalf of the Tribes 
and members of Tribes to the waters of the East Fork 
of the Owyhee River in the State; 
(3) to ratify and provide for the enforcement of 
the Agreement among the parties to the litigation; 
(4) to resolve the Tribes’ water-related claims for 
damages against the United States; 
(5) to require the Secretary to perform all obli-
gations of the Secretary under the Agreement and this 
subtitle; and 
(6) to authorize the actions and appropriations 
necessary to meet the obligations of the United States 
under the Agreement and this subtitle. 
SEC. 10803. DEFINITIONS. 
In this subtitle:
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† HR 146 EAS 
(1) AGREEMENT.—The term ‘‘Agreement’’ means 
the agreement entitled the ‘‘Agreement to Establish 
the Relative Water Rights of the Shoshone-Paiute 
Tribes of the Duck Valley Reservation and the Up-
stream Water Users, East Fork Owyhee River’’ and 
signed in counterpart between, on, or about Sep-
tember 22, 2006, and January 15, 2007 (including 
all attachments to that Agreement). 
(2) DEVELOPMENT FUND.—The term ‘‘Develop-
ment Fund’’ means the Shoshone-Paiute Tribes Water 
Rights Development Fund established by section 
10807(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The 
term ‘‘East Fork of the Owyhee River’’ means the por-
tion of the east fork of the Owyhee River that is lo-
cated in the State. 
(4) MAINTENANCE
FUND.—The term ‘‘Mainte-
nance Fund’’ means the Shoshone-Paiute Tribes Op-
eration and Maintenance Fund established by section 
10807(c)(1). 
(5) RESERVATION.—The term ‘‘Reservation’’ 
means the Duck Valley Reservation established by the 
Executive order dated April 16, 1877, as adjusted 
pursuant to the Executive order dated May 4, 1886, 
and Executive order numbered 1222 and dated July
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1, 1910, for use and occupation by the Western Sho-
shones and the Paddy Cap Band of Paiutes. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 
water rights’’ means rights of the Tribes described in 
the Agreement relating to water, including ground-
water, storage water, and surface water. 
(9) TRIBES.—The term ‘‘Tribes’’ means the Sho-
shone-Paiute Tribes of the Duck Valley Reservation. 
(10) UPSTREAM WATER USER.—The term ‘‘up-
stream water user’’ means a non-Federal water user 
that— 
(A) is located upstream from the Reserva-
tion on the East Fork of the Owyhee River; and 
(B) is a signatory to the Agreement as a 
party to the East Fork of the Owyhee River ad-
judication. 
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION 
OF AGREEMENT; AUTHORIZATION. 
(a) IN GENERAL.—Except as provided in subsection 
(c) and except to the extent that the Agreement otherwise
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† HR 146 EAS 
conflicts with provisions of this subtitle, the Agreement is 
approved, ratified, and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary is 
authorized and directed to execute the Agreement as ap-
proved by Congress. 
(c) EXCEPTION FOR TRIBAL WATER MARKETING.— 
Notwithstanding any language in the Agreement to the con-
trary, nothing in this subtitle authorizes the Tribes to use 
or authorize others to use tribal water rights off the Reserva-
tion, other than use for storage at Wild Horse Reservoir 
for use on tribal land and for the allocation of 265 acre 
feet to upstream water users under the Agreement, or use 
on tribal land off the Reservation. 
(d) ENVIRONMENTAL COMPLIANCE.—Execution of the 
Agreement by the Secretary under this section shall not con-
stitute major Federal action under the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.). The Secretary 
shall carry out all environmental compliance required by 
Federal law in implementing the Agreement. 
(e) PERFORMANCE OF OBLIGATIONS.—The Secretary 
and any other head of a Federal agency obligated under 
the Agreement shall perform actions necessary to carry out 
an obligation under the Agreement in accordance with this 
subtitle.
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SEC. 10805. TRIBAL WATER RIGHTS. 
(a) IN GENERAL.—Tribal water rights shall be held 
in trust by the United States for the benefit of the Tribes. 
(b) ADMINISTRATION.— 
(1) ENACTMENT
OF
WATER
CODE.—Not later 
than 3 years after the date of enactment of this Act, 
the Tribes, in accordance with provisions of the 
Tribes’ constitution and subject to the approval of the 
Secretary, shall enact a water code to administer trib-
al water rights. 
(2) INTERIM
ADMINISTRATION.—The Secretary 
shall regulate the tribal water rights during the pe-
riod beginning on the date of enactment of this Act 
and ending on the date on which the Tribes enact a 
water code under paragraph (1). 
(c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.— 
The tribal water rights shall not be subject to loss by aban-
donment, forfeiture, or nonuse. 
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT. 
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION 
PROJECT.—Nothing in this subtitle shall affect the status 
of the Duck Valley Indian Irrigation Project under Federal 
law. 
(b) CAPITAL COSTS NONREIMBURSABLE.—The capital 
costs associated with the Duck Valley Indian Irrigation 
Project as of the date of enactment of this Act, including
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† HR 146 EAS 
any capital cost incurred with funds distributed under this 
subtitle for the Duck Valley Indian Irrigation Project, shall 
be nonreimbursable. 
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS. 
(a) DEFINITION OF FUNDS.—In this section, the term 
‘‘Funds’’ means— 
(1) the Development Fund; and 
(2) the Maintenance Fund. 
(b) DEVELOPMENT FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be known 
as the ‘‘Shoshone-Paiute Tribes Water Rights Devel-
opment Fund’’. 
(2) USE OF FUNDS.— 
(A) PRIORITY USE OF FUNDS FOR REHA-
BILITATION.—The Tribes shall use amounts in 
the Development Fund to— 
(i) rehabilitate the Duck Valley Indian 
Irrigation Project; or 
(ii) for other purposes under subpara-
graph (B), provided that the Tribes have 
given written notification to the Secretary 
that—
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† HR 146 EAS 
(I) the Duck Valley Indian Irriga-
tion Project has been rehabilitated to 
an acceptable condition; or 
(II) sufficient funds will remain 
available from the Development Fund 
to rehabilitate the Duck Valley Indian 
Irrigation Project to an acceptable con-
dition after expending funds for other 
purposes under subparagraph (B). 
(B) OTHER
USES
OF
FUNDS.—Once the 
Tribes have provided written notification as pro-
vided in subparagraph (A)(ii)(I) or (A)(ii)(II), 
the Tribes may use amounts from the Develop-
ment Fund for any of the following purposes: 
(i) To expand the Duck Valley Indian 
Irrigation Project. 
(ii) To pay or reimburse costs incurred 
by the Tribes in acquiring land and water 
rights. 
(iii) For purposes of cultural preserva-
tion. 
(iv) To restore or improve fish or wild-
life habitat.
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† HR 146 EAS 
(v) For fish or wildlife production, 
water resource development, or agricultural 
development. 
(vi) For water resource planning and 
development. 
(vii) To pay the costs of— 
(I) designing and constructing 
water supply and sewer systems for 
tribal communities, including a water 
quality testing laboratory; 
(II) other appropriate water-re-
lated projects and other related eco-
nomic development projects; 
(III) the development of a water 
code; and 
(IV) other costs of implementing 
the Agreement. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 
for 
deposit 
in 
the 
Development 
Fund 
$9,000,000 for each of fiscal years 2010 through 2014. 
(c) MAINTENANCE FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be known
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as the ‘‘Shoshone-Paiute Tribes Operation and Main-
tenance Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Maintenance Fund to pay or provide 
reimbursement for— 
(A) operation, maintenance, and replace-
ment costs of the Duck Valley Indian Irrigation 
Project and other water-related projects funded 
under this subtitle; or 
(B) operation, maintenance, and replace-
ment costs of water supply and sewer systems for 
tribal communities, including the operation and 
maintenance costs of a water quality testing lab-
oratory. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 
for 
deposit 
in 
the 
Maintenance 
Fund 
$3,000,000 for each of fiscal years 2010 through 2014. 
(d) AVAILABILITY
OF
AMOUNTS
FROM
FUNDS.— 
Amounts made available under subsections (b)(3) and (c)(3) 
shall be available for expenditure or withdrawal only after 
the effective date described in section 10808(d). 
(e) ADMINISTRATION OF FUNDS.—Upon completion of 
the actions described in section 10808(d), the Secretary, in 
accordance with the American Indian Trust Fund Manage-
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† HR 146 EAS 
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall 
manage the Funds, including by investing amounts from 
the Funds in accordance with the Act of April 1, 1880 (25 
U.S.C. 161), and the first section of the Act of June 24, 
1938 (25 U.S.C. 162a). 
(f) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribes may with-
draw all or part of amounts in the Funds on ap-
proval by the Secretary of a tribal management 
plan as described in the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—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 
shall require that the Tribes spend any amounts 
withdrawn from the Funds in accordance with 
the purposes described in subsection (b)(2) or 
(c)(2). 
(C) ENFORCEMENT.—The Secretary may 
take judicial or administrative action to enforce 
the provisions of any tribal management plan to 
ensure that any amounts withdrawn from the
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Funds under the plan are used in accordance 
with this subtitle and the Agreement. 
(D) LIABILITY.—If the Tribes exercise the 
right to withdraw amounts from the Funds, nei-
ther the Secretary nor the Secretary of the Treas-
ury shall retain any liability for the expenditure 
or investment of the amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribes shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts in the 
Funds that the Tribes do not withdraw under the 
tribal management plan. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, amounts of the Tribes remaining 
in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this subtitle and the Agreement. 
(D) ANNUAL REPORT.—For each Fund, the 
Tribes shall submit to the Secretary an annual
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report that describes all expenditures from the 
Fund during the year covered by the report. 
(3) 
FUNDING
AGREEMENT.—Notwithstanding 
any other provision of this subtitle, on receipt of a re-
quest from the Tribes, the Secretary shall include an 
amount from funds made available under this section 
in the funding agreement of the Tribes under title IV 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 458aa et seq.), for use in ac-
cordance with subsections (b)(2) and (c)(2). No 
amount made available under this subtitle may be re-
quested until the waivers under section 10808(a) take 
effect. 
(g) NO PER CAPITA PAYMENTS.—No amount from the 
Funds (including any interest income that would have ac-
crued to the Funds after the effective date) shall be distrib-
uted to a member of the Tribes on a per capita basis. 
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES AND 
UNITED STATES ACTING AS TRUSTEE FOR TRIBES.—In re-
turn for recognition of the Tribes’ water rights and other 
benefits as set forth in the Agreement and this subtitle, the 
Tribes, on behalf of themselves and their members, and the 
United States acting in its capacity as trustee for the Tribes 
are authorized to execute a waiver and release of—
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(1) all claims for water rights in the State of Ne-
vada that the Tribes, or the United States acting in 
its capacity as trustee for the Tribes, asserted, or 
could have asserted, in any proceeding, including 
pending proceedings before the Nevada State Engineer 
to determine the extent and nature of the water rights 
of the Tribes in the East Fork of the Owyhee River 
in Nevada, up to and including the effective date, ex-
cept to the extent that such rights are recognized in 
the Agreement or this subtitle; and 
(2) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water rights (including claims for injury 
to lands resulting from such damages, losses, injuries, 
interference with, diversion, or taking of water rights) 
within the State of Nevada that accrued at any time 
up to and including the effective date. 
(b) WAIVER AND RELEASE OF CLAIMS BY TRIBES 
AGAINST UNITED STATES.—The Tribes, on behalf of them-
selves and their members, are authorized to execute a waiver 
and release of— 
(1) all claims against the United States, its 
agencies, or employees, relating in any manner to 
claims for water rights in or water of the States of 
Nevada and Idaho that the United States acting in
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† HR 146 EAS 
its capacity as trustee for the Tribes asserted, or could 
have asserted, in any proceeding, including pending 
proceedings before the Nevada State Engineer to de-
termine the extent and nature of the water rights of 
the Tribes in the East Fork of the Owyhee River in 
Nevada, and the Snake River Basin Adjudication in 
Idaho; 
(2) all claims against the United States, its 
agencies, or employees relating in any manner to 
damages, losses, or injuries to water, water rights, 
land, or other resources due to loss of water or water 
rights (including damages, losses or injuries to fishing 
and other similar 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 States of 
Nevada and Idaho that first accrued at any time up 
to and including the effective date; 
(3) all claims against the United States, its 
agencies, or employees relating to the operation, 
maintenance, or rehabilitation of the Duck Valley In-
dian Irrigation Project that first accrued at any time 
up to and including the date upon which the Tribes 
notify 
the 
Secretary 
as 
provided 
in 
section
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† HR 146 EAS 
10807(b)(2)(A)(ii)(I) that the rehabilitation of the 
Duck Valley Indian Irrigation Project under this sub-
title to an acceptable level has been accomplished; 
(4) all claims against the United States, its 
agencies, or employees relating in any manner to the 
litigation of claims relating to the Tribes’ water 
rights in pending proceedings before the Nevada State 
Engineer to determine the extent and nature of the 
water rights of the Tribes in the East Fork of the 
Owyhee River in Nevada or the Snake River Basin 
Adjudication in Idaho; and 
(5) all claims against the United States, its 
agencies, or employees relating in any manner to the 
negotiation, execution, or adoption of the Agreement, 
exhibits thereto, the decree referred to in subsection 
(d)(2), or this subtitle. 
(c) RESERVATION
OF RIGHTS
AND RETENTION
OF 
CLAIMS.—Notwithstanding the waivers and releases author-
ized in this subtitle, the Tribes on their own behalf and the 
United States acting in its capacity as trustee for the Tribes 
retain— 
(1) all claims for enforcement of the Agreement, 
the decree referred to in subsection (d)(2), or this sub-
title, through such legal and equitable remedies as
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† HR 146 EAS 
may be available in the decree court or the appro-
priate Federal court; 
(2) all rights to acquire a water right in a State 
to the same extent as any other entity in the State, 
in accordance with State law, and to use and protect 
water rights acquired after the date of enactment of 
this Act; 
(3) all claims relating to activities affecting the 
quality of water including any claims the Tribes 
might have under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) (including claims for dam-
ages to natural resources), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), and the reg-
ulations implementing those Acts; and 
(4) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this subtitle. 
(d) EFFECTIVE DATE.—Notwithstanding anything in 
the Agreement to the contrary, the waivers by the Tribes, 
or the United States on behalf of the Tribes, under this sec-
tion shall take effect on the date on which the Secretary 
publishes in the Federal Register a statement of findings 
that includes a finding that—
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† HR 146 EAS 
(1) the Agreement and the waivers and releases 
authorized and set forth in subsections (a) and (b) 
have been executed by the parties and the Secretary; 
(2) the Fourth Judicial District Court, Elko 
County, Nevada, has issued a judgment and decree 
consistent with the Agreement from which no further 
appeal can be taken; and 
(3) the amounts authorized under subsections 
(b)(3) and (c)(3) of section 10807 have been appro-
priated. 
(e) FAILURE TO PUBLISH STATEMENT
OF FIND-
INGS.—If the Secretary does not publish a statement of 
findings under subsection (d) by March 31, 2016— 
(1) the Agreement and this subtitle shall not take 
effect; and 
(2) any funds that have been appropriated under 
this subtitle shall immediately revert to the general 
fund of the United States Treasury. 
(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 au-
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† HR 146 EAS 
thorized to be appropriated under subsections (b)(3) 
and (c)(3) of section 10807 are appropriated. 
(2) EFFECT
OF
SUBPARAGRAPH.—Nothing in 
this subparagraph revives any claim or tolls any pe-
riod of limitation or time-based equitable defense that 
expired before the date of enactment of this Act. 
SEC. 10809. MISCELLANEOUS. 
(a) GENERAL DISCLAIMER.—The parties to the Agree-
ment expressly reserve all rights not specifically granted, 
recognized, or relinquished by— 
(1) the settlement described in the Agreement; or 
(2) this subtitle. 
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing in 
this subtitle— 
(1) establishes a standard for quantifying— 
(A) a Federal reserved water right; 
(B) an aboriginal claim; or 
(C) any other water right claim of an In-
dian tribe in a judicial or administrative pro-
ceeding; 
(2) affects the ability of the United States, acting 
in its sovereign capacity, to take actions authorized 
by law, including any laws relating to health, safety, 
or the environment, including the Comprehensive En-
vironmental Response, Compensation, and Liability
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† HR 146 EAS 
Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drink-
ing Water Act (42 U.S.C. 300f et seq.), the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
(commonly known as the ‘‘Resource Conservation and 
Recovery Act of 1976’’), and the regulations imple-
menting those Acts; 
(3) affects the ability of the United States to take 
actions, acting in its capacity as trustee for any other 
Tribe, Pueblo, or allottee; 
(4) waives any claim of a member of the Tribes 
in an individual capacity that does not derive from 
a right of the Tribes; or 
(5) limits the right of a party to the Agreement 
to litigate any issue not resolved by the Agreement or 
this subtitle. 
(c) ADMISSION AGAINST INTEREST.—Nothing in this 
subtitle constitutes an admission against interest by a 
party in any legal proceeding. 
(d) RESERVATION.—The Reservation shall be— 
(1) considered to be the property of the Tribes; 
and 
(2) permanently held in trust by the United 
States for the sole use and benefit of the Tribes. 
(e) JURISDICTION.—
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† HR 146 EAS 
(1) SUBJECT
MATTER
JURISDICTION.—Nothing 
in the Agreement or this subtitle restricts, enlarges, or 
otherwise determines the subject matter jurisdiction of 
any Federal, State, or tribal court. 
(2) CIVIL
OR
REGULATORY
JURISDICTION.— 
Nothing in the Agreement or this subtitle impairs or 
impedes the exercise of any civil or regulatory author-
ity of the United States, the State, or the Tribes. 
(3) CONSENT
TO
JURISDICTION.—The United 
States consents to jurisdiction in a proper forum for 
purposes of enforcing the provisions of the Agreement. 
(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) interpret Federal law regarding the 
health, safety, or the environment or determine 
the duties of the United States or other parties 
pursuant to such Federal law; or 
(B) conduct judicial review of a Federal 
agency action.
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† HR 146 EAS 
(1) develop the strategic research and monitoring 
plan to guide Federal research on ocean acidification 
required under section 12405 of this subtitle and over-
see the implementation of the plan; 
(2) oversee the development of— 
(A) an assessment of the potential impacts 
of ocean acidification on marine organisms and 
marine ecosystems; and 
(B) adaptation and mitigation strategies to 
conserve marine organisms and ecosystems ex-
posed to ocean acidification; 
(3) facilitate communication and outreach op-
portunities with nongovernmental organizations and 
members of the stakeholder community with interests 
in marine resources; 
(4) coordinate the United States Federal research 
and monitoring program with research and moni-
toring programs and scientists from other nations; 
and 
(5) establish or designate an Ocean Acidification 
Information Exchange to make information on ocean 
acidification developed through or utilized by the 
interagency ocean acidification program accessible 
through electronic means, including information 
which would be useful to policymakers, researchers,