(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. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
AGREEMENT; AUTHORIZATION. 
(a) IN GENERAL.—Except as provided in subsection 
(c) and except to the extent that the Agreement otherwise 
conflicts with provisions of this Act, the Agreement is ap-
proved, ratified, and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary 
is authorized and directed to execute the Agreement as 
approved by Congress. 
(c) EXCEPTION FOR TRIBAL WATER MARKETING.— 
Notwithstanding any language in the Agreement to the 
contrary, nothing in this Act authorizes the Tribes to use 
or authorize others to use tribal water rights off the Res-
ervation, other than use for storage at Wild Horse Res-
ervoir 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 constitute major Federal action under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.). The 
Secretary shall carry out all environmental compliance re-
quired 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 Act. 
SEC. 6. 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 
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) TRIBAL
WATER
RIGHTS
NOT
SUBJECT
TO 
LOSS.—The tribal water rights shall not be subject to loss 
by abandonment, forfeiture, or nonuse. 
SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT. 
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGA-
TION PROJECT.—Nothing in this Act shall affect the sta-
tus of the Duck Valley Indian Irrigation Project under 
Federal law. 
(b) CAPITAL COSTS NONREIMBURSABLE.—The cap-
ital costs associated with the Duck Valley Indian Irriga-
tion Project as of the date of enactment of this Act, in-
cluding any capital cost incurred with funds distributed 
under this Act for the Duck Valley Indian Irrigation 
Project, shall be nonreimbursable. 
SEC. 8. 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 Development 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— 
(I) the Duck Valley Indian Irri-
gation 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 
condition after expending funds for 
other purposes under subparagraph 
(B). 
(B) OTHER USES OF FUNDS.—Once the 
Tribes have provided written notification as 
provided 
in 
subparagraph 
(A)(ii)(I) 
or
(A)(ii)(II), the Tribes may use amounts from 
the Development Fund for any of the following 
purposes: 
(i) To expand the Duck Valley Indian 
Irrigation Project. 
(ii) To pay or reimburse costs in-
curred by the Tribes in acquiring land and 
water rights. 
(iii) For purposes of cultural preserva-
tion. 
(iv) To restore or improve fish or 
wildlife habitat. 
(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.—For 
each of fiscal years 2009 through 2013, there is au-
thorized to be appropriated to the Secretary for de-
posit in the Development Fund an amount equal to 
the sum of— 
(A) $9,000,000; and 
(B) the interest that would have accrued 
during the preceding fiscal year on balances 
held in the Development Fund, as calculated 
using the applicable rate for interest-bearing 
obligations of the United States. 
(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— 
(A) operation, maintenance, and replace-
ment costs of the Duck Valley Indian Irrigation
Project and other water-related projects funded 
under this Act; 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 test-
ing laboratory. 
(3) AUTHORIZATION OF APPROPRIATIONS.—For 
each of fiscal years 2009 through 2013, there is au-
thorized to be appropriated to the Secretary for de-
posit in the Maintenance Fund an amount equal to 
the sum of— 
(A) $3,000,000; and 
(B) the interest that would have accrued 
during the preceding fiscal year on balances 
held in the Maintenance Fund, as calculated 
using the applicable rate for interest-bearing 
obligations of the United States. 
(d) ESTIMATE OF ACCRUED INTEREST.—The Presi-
dent’s budget submission shall include an estimate of the 
amount of interest that would have accrued under the sub-
sections (b)(3)(B), (c)(3)(B), and (e)(2). 
(e) ADDITIONAL AUTHORIZATION
OF APPROPRIA-
TIONS OF INTEREST.—
(1) IN GENERAL.—There is authorized to be 
appropriated an amount equal to the additional in-
terest that would have accrued on amounts in the 
Funds during the period beginning on the date of 
completion of the event described in section 9(d)(3) 
and ending on the later of— 
(A) the date of completion of the event de-
scribed in section 9(d)(1); or 
(B) the date of completion of the event de-
scribed in section 9(d)(2). 
(2) CALCULATION.—The interest authorized to 
be appropriated under paragraph (1) shall be cal-
culated using the applicable rate for interest-bearing 
obligations of the United States. 
(f) AVAILABILITY
OF AMOUNTS FROM FUNDS.— 
Amounts made available under subsections (b)(3), (c)(3), 
and (e) shall be available for expenditure or withdrawal 
only after the effective date as set forth in section 9(d). 
(g) ADMINISTRATION OF FUNDS.—Upon completion 
of the actions described in section 9(d), the Secretary, in 
accordance with the American Indian Trust Fund Man-
agement 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). 
(h) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribes may with-
draw all or part of amounts in the Funds on 
approval by the Secretary of a tribal manage-
ment 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 accord-
ance 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 
Funds under the plan are used in accordance 
with this Act and the Agreement.
(D) LIABILITY.—If the Tribes exercise the 
right to withdraw amounts from the Funds, 
neither the Secretary nor the Secretary of the 
Treasury shall retain any liability for the ex-
penditure or investment of the amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribes shall sub-
mit to the Secretary for approval an expendi-
ture 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 
purposes for which, amounts of the Tribes re-
maining in the Funds 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 Act and the Agreement. 
(D) ANNUAL
REPORT.—For each Fund, 
the Tribes shall submit to the Secretary an an-
nual report that describes all expenditures from 
the Fund during the year covered by the report.
(3) FUNDING
AGREEMENT.—Notwithstanding 
any other provision of this Act, on receipt of a re-
quest from the Tribes, the Secretary shall include an 
amount from funds made available under this sec-
tion in the funding agreement of the Tribes under 
title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 458aa et seq.), for 
use in accordance with subsections (b)(2) and (c)(2). 
No amount made available under this Act may be 
requested until the waivers under section 9(a) take 
effect. 
(i) NO PER CAPITA PAYMENTS.—No amount from 
the Funds (including any amounts appropriated under 
subsections (b)(3)(B), (c)(3)(B), and (e)(1) for interest in-
come that would have accrued to the Funds) shall be dis-
tributed to a member of the Tribes on a per capita basis. 
SEC. 9. TRIBAL WAIVER AND RELEASE OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES 
AND
UNITED
STATES
ACTING
AS
TRUSTEE
FOR 
TRIBES.—In return for recognition of the Tribes’ water 
rights and other benefits as set forth in the Agreement 
and this Act, 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—
as 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 Pol-
lution Control Act (33 U.S.C. 1251 et seq.), and the 
regulations implementing those Acts; and 
(4) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act. 
(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 
section shall take effect on the date on which the Secretary 
publishes in the Federal Register a statement of findings 
that includes a finding that—
(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 fur-
ther appeal can be taken; and 
(3) the amounts authorized under subsections 
(b)(3) and (c)(3) of section 8 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 Act shall not take 
effect; and 
(2) any funds and interest accrued thereon that 
have been appropriated under this Act shall imme-
diately 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 authorized to be appropriated under sub-
sections (b)(3) and (c)(3) of section 8 are appro-
priated. 
(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. 10. MISCELLANEOUS. 
(a) GENERAL DISCLAIMER.—The parties to the 
Agreement expressly reserve all rights not specifically 
granted, recognized, or relinquished by— 
(1) the settlement described in the Agreement; 
or 
(2) this Act. 
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing 
in this Act— 
(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, act-
ing in its sovereign capacity, to take actions author-
ized by law, including any laws relating to health, 
safety, or the environment, including the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
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.), 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 implementing 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 Act. 
(c) ADMISSION AGAINST INTEREST.—Nothing in this 
Act 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.— 
(1) SUBJECT MATTER JURISDICTION.—Nothing 
in the Agreement or this Act 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 Act impairs or im-
pedes 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 Agree-
ment. 
(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