I 
110TH CONGRESS 
1ST SESSION H. R. 2326 
To approve the settlement of the water rights claims of the Shoshone-Paiute 
Tribes of the Duck Valley Indian Reservation in Nevada, to require 
the Secretary of the Interior to carry out the settlement, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2007 
Mr. HELLER of Nevada introduced the following bill; which was referred to 
the Committee on Natural Resources 
A BILL 
To approve the settlement of the water rights claims of 
the Shoshone-Paiute Tribes of the Duck Valley Indian 
Reservation in Nevada, to require the Secretary of the 
Interior to carry out the settlement, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Shoshone-Paiute 
Tribes of Duck Valley Water Rights Settlement Act’’. 
SEC. 2. 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 cost-
ly 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 perma-
nent reservation homeland; 
(3) uncertainty concerning the extent of the 
right to water of the Shoshone-Paiute Tribes has 
limited the access of the Tribes to water and finan-
cial resources necessary to achieve self-determination 
and self-sufficiency; 
(4) in 2006, the Tribes, the State of Idaho, the 
affected individual water users, and the United 
States resolved all tribal claims to water rights in 
the Snake River Basin Adjudication through a con-
sent decree entered by the District Court of the 
Fifth Judicial District of the State of Idaho, requir-
ing no further Federal action to implement 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 are pending before the 
Nevada State Engineer; 
(6) final resolution through litigation of the 
water claims of the Tribes will— 
(A) take many years; 
(B) entail great expense; 
(C) continue to limit the access of the 
Tribes to water, with economic and social con-
sequences; 
(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 en-
tered into a settlement agreement to resolve perma-
nently all water rights of the Tribes in the State; 
and 
(8) the Tribes have certain water-related claims 
for damages against the United States. 
SEC. 3. PURPOSES. 
The purposes of this Act 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 to 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 Act; and 
(6) to authorize the actions and appropriations 
necessary for the United States to meet the obliga-
tions of the United States under the Agreement and 
this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement entitled the ‘‘Agreement to Es-
tablish the Relative Water Rights of the Shoshone- 
Paiute Tribes of the Duck Valley Indian Reservation 
and the Upstream Water Users, East Fork Owyhee 
River’’ (including all attachments to that agree-
ment). 
(2) DEVELOPMENT FUND.—The term ‘‘Devel-
opment Fund’’ means the Shoshone-Paiute Tribes 
Water Rights Development Fund established by sec-
tion 7(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The 
term ‘‘East Fork of the Owyhee River’’ means the 
portion of the east fork of the Owyhee River that is 
located in the State. 
(4) MAINTENANCE FUND.—The term ‘‘Mainte-
nance Fund’’ means the Shoshone-Paiute Tribes Op-
eration and Maintenance Fund established by sec-
tion 7(c)(1). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(7) TRIBAL WATER RIGHT.—The term ‘‘tribal 
water right’’ means a right of the Tribes described 
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in the Agreement relating to water, including 
groundwater, storage water, and surface water. 
(8) TRIBES.—The term ‘‘Tribes’’ means the 
Shoshone-Paiute Tribes of the Duck Valley Indian 
Reservation. 
(9) UPSTREAM WATER USER.—The term ‘‘up-
stream water user’’ means an individual water user 
that— 
(A) is located upstream from the Duck 
Valley Indian Reservation on the East Fork of 
the Owyhee River; and 
(B) is a signatory to the Agreement. 
SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
AGREEMENT. 
(a) IN GENERAL.—Except as provided in section 1f 
of article III of the Agreement, and except to the extent 
that the Agreement otherwise conflicts with this Act, the 
Agreement is approved, ratified, and confirmed. 
(b) PERFORMANCE
OF
OBLIGATIONS.—The Sec-
retary and any other head of a Federal agency obligated 
under the Agreement shall perform any action necessary 
to carry out an obligation under the Agreement in accord-
ance with this Act. 
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SEC. 6. TRIBAL WATER RIGHTS. 
(a) IN GENERAL.—The Secretary shall hold the tribal 
water rights in trust on behalf of 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 shall enact a water code to administer 
tribal 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) LOSS OF TRIBAL WATER RIGHTS.—The tribal 
water rights shall not be subject to loss by abandonment, 
forfeiture, or nonuse. 
SEC. 7. 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 
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known as the ‘‘Shoshone-Paiute Tribes Water 
Rights Development Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Development Fund— 
(A) to pay or reimburse costs incurred by 
the Tribes in acquiring land and water rights; 
(B) for purposes of cultural preservation; 
(C) to restore or improve fish or wildlife 
habitat; 
(D) for fish or wildlife production, water 
resource development, agricultural development, 
rehabilitation, and expansion of the Duck Val-
ley Irrigation Project; 
(E) for water resource planning and devel-
opment; or 
(F) to pay the costs of designing and con-
structing water supply and sewer systems for 
tribal communities, including— 
(i) a water quality testing laboratory; 
(ii) other appropriate water-related 
projects and other related economic devel-
opment projects; 
(iii) the development of a water code; 
and 
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(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 2008 through 
2012. 
(c) MAINTENANCE FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘‘Shoshone-Paiute Tribes Operation 
and Maintenance Fund’’. 
(2) USE
OF
FUNDS.—The Tribes shall use 
amounts in the Maintenance Fund to pay or provide 
reimbursement for the costs of— 
(A) operation and maintenance of the 
Duck Valley Irrigation Project and other water- 
related projects funded under this Act; or 
(B) water supply and sewer systems for 
tribal communities, including the operation and 
maintenance costs of a water quality testing 
laboratory. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary for deposit in the Maintenance Fund 
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$3,000,000 for each of fiscal years 2008 through 
2012. 
(d) ADMINISTRATION OF FUNDS.— 
(1) IN
GENERAL.—The Secretary, in accord-
ance with the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
this Act, and the Agreement, shall manage the 
Funds, including by investing amounts from 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). 
(2) DISTRIBUTIONS.— 
(A) WITHDRAWALS.— 
(i) IN GENERAL.—During any fiscal 
year, the Tribes may withdraw amounts 
from the Funds if the Secretary approves 
a plan of the Tribes to withdraw amounts 
under section 202 of the American Indian 
Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4022). 
(ii) PLAN TO WITHDRAW AMOUNTS.— 
(I) INCLUSION.—In addition to 
any information required under sec-
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tion 202 of the American Indian 
Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4022), a plan of 
the Tribes to withdraw amounts under 
this subparagraph shall include a re-
quirement that the Tribes spend the 
amounts withdrawn from the Funds 
during a fiscal year for 1 or more 
uses described in subsection (b)(2) or 
(c)(2). 
(II) ENFORCEMENT.—The Sec-
retary may take administrative or ju-
dicial action to enforce a plan of the 
Tribes to withdraw amounts. 
(B) REMAINING AMOUNTS.— 
(i) IN GENERAL.—On approval of an 
expenditure plan submitted by the Tribes 
under clause (ii), the Secretary shall dis-
tribute to the Tribes amounts in the Funds 
not withdrawn by the Tribes during the 
preceding fiscal year. 
(ii) EXPENDITURE PLAN.— 
(I) IN GENERAL.—For each fis-
cal year, the Tribes shall submit to 
the Secretary for approval an expendi-
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ture plan for amounts described in 
clause (i). 
(II) INCLUSIONS.—An expendi-
ture plan under subclause (I) shall in-
clude— 
(aa) an accounting by the 
Tribes of any funds withdrawn 
by the Tribes from the Funds 
during the preceding fiscal year, 
including a description of any use 
by the Tribes of the funds and 
the amount remaining in the 
Funds for the preceding fiscal 
year; and 
(bb) a description of the 
means by which the Tribes will 
use 
any 
amount 
distributed 
under this subparagraph. 
(iii) APPROVAL.—The Secretary shall 
approve an expenditure plan under this 
subparagraph if the Secretary determines 
that the plan is— 
(I) reasonable; and 
(II) consistent with this Act and 
the Agreement. 
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