H. R. 4783—41 
(k) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to prepare the Tribe for operation of the MR&I 
System, including operation and management training. 
(l) PROJECT MANAGEMENT COMMITTEE.—The Secretary shall 
facilitate the formation of a project management committee com-
posed of representatives from the Bureau of Reclamation, the 
Bureau of Indian Affairs, and the Tribe— 
(1) to review cost factors and budgets for construction, 
operation and maintenance activities for the MR&I System; 
(2) to improve management of inherently governmental 
activities through enhanced communication; 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 subsection (c), the Secretary 
shall consult with the Tribe, the State of Montana, and other 
affected non-Federal parties to discuss the possibility of 
receiving 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 Congress to pro-
vide to each allottee benefits that are equivalent 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 associated 
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.— 
(1) IN GENERAL.—The tribal water rights are ratified, con-
firmed, 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 abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provi-
sions of section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), relating to the use of water for irrigation purposes shall 
apply to the tribal water rights.
H. R. 4783—42 
(2) ENTITLEMENT
TO
WATER.—Any entitlement 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 irrigation purposes. 
(4) EXHAUSTION OF REMEDIES.—Before asserting any claim 
against the United States under section 7 of the Act of February 
8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee 
shall exhaust remedies available under the tribal water code 
or other applicable tribal law. 
(5) CLAIMS.—Following exhaustion of remedies available 
under the tribal water code or other applicable tribal law, 
an allottee may seek relief under section 7 of the Act of Feb-
ruary 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 specified in this section. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—Except as provided in paragraph (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. 
(f) TRIBAL WATER CODE.— 
(1) IN GENERAL.—Notwithstanding the time period set forth 
in article IV(A)(2)(b) of the Compact, 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 governance of 
all uses of the tribal water rights in accordance with the 
Compact; and 
(B) establishment by the Tribe of conditions, permit 
requirements, and other limitations 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 irrigation purposes 
for allottees shall be assessed on a just and equitable 
basis; 
(C) there is a process by which an allottee may request 
that the Tribe provide water for irrigation 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 denied or dis-
puted distribution of water; and
H. R. 4783—43 
(ii) resolution of any contested administrative deci-
sion; and 
(E) there is a requirement that any allottee with a 
claim relating to the enforcement of rights of the allottee 
under the tribal water code or relating to the amount 
of water allocated 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 petitioning the Secretary pursuant 
to subsection (d)(6). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall administer the 
tribal water rights until the tribal water code is enacted 
in accordance with paragraph (1) and those provisions 
requiring approval 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 approved by the Secretary; and 
(ii) each amendment to the tribal water code that 
affects a right of an allottee is approved by the Sec-
retary. 
(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 provided in this 
section, nothing in this title— 
(1) authorizes any action by an allottee against any indi-
vidual or entity, or against the Tribe, under Federal, State, 
tribal, or local law; or 
(2) alters or affects the status of any action pursuant to 
section 1491(a) of title 28, United States Code. 
SEC. 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 Mis-
souri Basin Program, Montana, under a water right held by 
the United States and managed by the Bureau of Reclamation, 
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 addition to the natural 
flow right described in article III(A)(1)(a) of the Compact; 
and 
(B) 150,000 acre-feet per year of the allocation, which 
may be used only as supplemental water for the natural 
flow right described in article III(A)(1)(a) of the Compact 
for use in times of natural flow shortage. 
(2) TREATMENT.— 
(A) IN GENERAL.—The allocation under paragraph (1) 
shall be considered to be part of the tribal water rights. 
(B) PRIORITY DATE.—The priority date of the allocation 
under paragraph (1) shall be the priority date of the water 
right held by the Bureau of Reclamation.
H. R. 4783—44 
(C) ADMINISTRATION.— 
(i) IN GENERAL.—The Tribe shall administer the 
water allocated under paragraph (1) in accordance with 
the Compact. 
(ii) TEMPORARY
TRANSFER.—In accordance with 
subsection (c), the Tribe may temporarily transfer by 
service contract, 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 Secretary to establish the terms and condi-
tions of the allocation, in accordance with the terms and condi-
tions of the Compact and this title. 
(2) INCLUSIONS.—The allocation agreement under para-
graph (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 authority in subsection (c); 
(C) the United States shall have no trust obligation 
or other obligation to monitor, administer, or account for— 
(i) any funds received by the Tribe as consideration 
under any lease, contract, or agreement the Tribe may 
enter into pursuant to the authority in subsection (c); 
or 
(ii) the expenditure of such funds; 
(D) if the facilities at Yellowtail Dam are significantly 
reduced or are anticipated to be significantly reduced for 
an extended period of time, the Tribe shall have the same 
storage rights as other storage contractors with respect 
to the allocation under this section; 
(E) the costs associated with the construction of the 
storage facilities at Yellowtail Dam allocable to the Tribe— 
(i) shall be nonreimbursable; and 
(ii) shall be excluded from any repayment obliga-
tion 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 indus-
trial purposes; and 
(H) for each acre-foot of stored water leased or sold 
by the Tribe for industrial purposes— 
(i) the Tribe shall pay annually to the United 
States an amount to cover the proportionate share
H. R. 4783—45 
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 appropriate, to reflect the 
actual operation, maintenance, and replacement costs 
for the Yellowtail Unit. 
(c) TEMPORARY TRANSFER FOR USE OFF RESERVATION.— 
(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 condi-
tions of the Compact, the Tribe may enter into a service con-
tract, lease, exchange, or other agreement providing for the 
temporary delivery, use, or transfer of not more than 50,000 
acre-feet per year of water allocated under subsection (a)(1)(A) 
for use off the Reservation. 
(2) REQUIREMENT.—An agreement under paragraph (1) 
shall not permanently alienate any portion of the water allo-
cated 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 considered to be fully allocated 
and no further storage allocations shall be made by the Sec-
retary. 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
prevents the Secretary from— 
(A) renewing the storage contract with Pennsylvania 
Power and Light Company consistent 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, and full satisfaction of, all claims of 
the Tribe against the United States under paragraphs (1) and 
(3) of section 410(a). 
(2) SATISFACTION
OF
ALLOTTEE
CLAIMS.—The benefits 
realized by the allottees under this title shall be in complete 
replacement of and substitution for, and full satisfaction of— 
(A) all claims waived and released under section 
410(a)(2); and 
(B) any claims of the allottees against the United 
States that the allottees have or could have asserted that 
are similar in nature to those described in section 410(a)(3). 
(b) SATISFACTION OF CLAIMS RELATING TO CROW IRRIGATION 
PROJECT.— 
(1) IN GENERAL.—Subject to paragraph (3), the funds made 
available under subsections (a) and (f) of section 414 shall 
be used to satisfy any claim of the Tribe or the allottees 
with respect to the appropriation of funds for the rehabilitation,
H. R. 4783—46 
expansion, improvement, repair, operation, or maintenance of 
the Crow Irrigation Project. 
(2) SATISFACTION OF CLAIMS.—Upon complete transfer of 
the funds described in subsections (a) and (f) of section 414 
any claim of the Tribe or the allottees with respect to the 
transfer of funds for the rehabilitation, expansion, improve-
ment, repair, operation, 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 Irrigation Project; 
and 
(B) the Tribe, tribal entities and instrumentalities, 
tribal members, allottees, and entities 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.—Notwithstanding sub-
section (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.— 
(1) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AND 
THE UNITED STATES ACTING IN ITS CAPACITY 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 capacities 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, asserted, or could have 
asserted, in any proceeding, including 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 TRUSTEE FOR ALLOTTEES.—Subject 
to the retention of rights set forth in subsection (c), in return 
for recognition of the water rights of the Tribe and other bene-
fits 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 release of all claims for water rights 
within the Reservation 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 Mon-
tana stream adjudication, prior to and including the enforce-
ability date, except to the extent that such rights are recognized 
in the Compact or this title.
H. R. 4783—47 
(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 capac-
ities as allottees), is authorized to execute a waiver and release 
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 proceeding, 
including the State of Montana stream 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 stipulation 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 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 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 including the enforce-
ability date, including all claims relating to the failure 
to establish or provide a municipal rural or industrial 
water delivery system on the Reservation and all claims 
relating to the failure to provide for, operate, or 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, execution, or the adoption of the Com-
pact (including exhibits) or this title; 
(E) subject to the retention of rights set forth in sub-
section (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 created by the movement 
of the Bighorn River; and 
(ii) the failure to make productive use of that 
land created by the movement of 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 including the enforce-
ability date arising from the taking or acquisition of the 
land of the Tribe or resources for the construction of the 
Yellowtail Dam;
H. R. 4783—48 
(G) all claims against the United States that first 
accrued at any time prior to and including the enforce-
ability 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.—Not-
withstanding the waivers and releases authorized 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— 
(1) all claims for enforcement of the Compact, any final 
decree, or this title; 
(2) all rights 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 Tribe may have under— 
(A) the Comprehensive Environmental Response, Com-
pensation, 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 injuries 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 pursuant to this title or 
article VII(E) of the Compact; 
(6) all claims against any person or entity other than 
the United States, including claims for monetary 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 enforceability 
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, acting as sov-
ereign, to take actions authorized by law, including any laws 
relating to health, safety, or the environment, including— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.);
H. R. 4783—49 
(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); 
(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— 
(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 juris-
diction, the district court of jurisdiction 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 agreements 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 account any payments due 
as of the date of enactment 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 member-
ship for approval or disapproval; and 
(ii) the tribal membership has voted to approve this 
title and the Compact by a majority of votes cast on the 
day of the vote, as certified by the Secretary and the 
Tribe; 
(F) the Secretary has fulfilled the requirements of sec-
tion 408(a); and 
(G) the waivers and releases authorized and set forth 
in subsection (a) have been executed 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
H. R. 4783—50 
the amounts made available to carry out this title are trans-
ferred 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 expired before the date of enact-
ment of this Act. 
(g) EXPIRATION AND TOLLING.—In the event that all appropria-
tions 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 
(2) all statutes of limitations applicable to any claim other-
wise waived shall be tolled until June 30, 2030. 
(h) VOIDING OF WAIVERS.—If the waivers pursuant to this sec-
tion are void under subsection (g)— 
(1) the United States’ approval of the Compact under sec-
tion 404 shall no longer be effective; 
(2) any unexpended Federal funds appropriated or made 
available to carry out the activities authorized 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 Government, unless other-
wise 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 appropriated or made available to carry 
out the activities authorized in this Act that were expended 
or withdrawn, together with any interest accrued, against any 
claims against the United States relating to 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 Secretary 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 subsections (c) through 
(h) of section 414. 
(c) ACCOUNTS
OF CROW SETTLEMENT FUND.—The Secretary 
shall establish in the Fund the following accounts: 
(1) The Tribal Compact Administration account, consisting 
of amounts made available pursuant 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, consisting of 
amounts made available pursuant to section 414(e). 
(4) The CIP OM&R Account, consisting of amounts made 
available pursuant to section 414(f). 
(d) DEPOSITS TO CROW SETTLEMENT FUND.—
H. R. 4783—51 
(1) IN
GENERAL.—The Secretary of the Treasury 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 sub-
section (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 distribution to the Tribe consistent with 
the American Indian 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 accordance 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 
(C) the obligations of Federal corporations and Federal 
Government-sponsored entities, the charter documents of 
which provide that the obligations 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 Ten-
nessee Valley Authority Act of 1933 (16 U.S.C. 831n– 
4); 
(iii) mortgages, obligations, and other securities 
of the Federal Home Loan Mortgage Corporation 
described in section 303 of the Federal Home Loan 
Mortgage Corporation Act (12 U.S.C. 1452); and 
(iv) bonds, notes, and debentures of the Commodity 
Credit Corporation described in section 4 of the Act 
of March 8, 1938 (15 U.S.C. 713a–4). 
(3) DISTRIBUTIONS FROM CROW SETTLEMENT FUND.— 
(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 Administra-
tion. 
(C) ENERGY
DEVELOPMENT
PROJECTS
ACCOUNT.—The 
Energy Development Projects account shall be used for 
expenditures by the Tribe for the following types of energy 
development on the Reservation, the ceded strip, and land 
owned by the Tribe: 
(i) Development and marketing of power genera-
tion on the Yellowtail Afterbay Dam authorized in 
section 412(b). 
(ii) Development of clean coal conversion projects.
H. R. 4783—52 
(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. 
(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 withdraw any portion 
of amounts in the Fund 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.). 
(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 subparagraph 
(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 administrative actions as the Secretary 
determines to be necessary to enforce a tribal manage-
ment plan to ensure that amounts withdrawn 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 invest-
ment of amounts withdrawn from the Fund by the Tribe 
under this paragraph. 
(D) EXPENDITURE PLAN.— 
(i) IN GENERAL.—For each fiscal year, the Tribe 
shall submit to the Secretary for approval an expendi-
ture plan for any portion of the amounts described 
in subparagraph (A) that the Tribe elects not to with-
draw 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 subsequent 
fiscal years. 
(iii) APPROVAL.—On receipt of an expenditure plan 
under clause (i), the Secretary shall approve the plan 
if the Secretary determines that the plan is—
H. R. 4783—53 
(I) reasonable; and 
(II) consistent with this title. 
(5) ANNUAL REPORTS.—The Tribe shall submit to the Sec-
retary annual reports describing each expenditure by the Tribe 
of amounts in the Fund during the preceding calendar year. 
(6) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED.—No 
amount in the Fund shall be distributed to any member of 
the Tribe on a per capita basis. 
(f) AVAILABILITY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amounts in the Fund shall be available 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 with-
drawal 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 requested for homeland 
security) as paragraph (35); and 
(3) by adding at the end the following: 
‘‘(38) a separate statement for the Crow Settlement 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 Management 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 section. 
(2) BIGHORN
LAKE
MANAGEMENT.—Bighorn Lake water 
management, including the Streamflow and Lake Level 
Management Plan, is a Federal activity, and the review and 
enforcement of any water management decisions relating to 
Bighorn Lake shall be as provided by Federal law. 
(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
REQUIREMENTS
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
H. R. 4783—54 
and Lake Level Management Plan, any requirement in the 
Streamflow and Lake Level Management 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 obliga-
tion on the part of the Tribe to withhold from development 
or otherwise refrain from diverting or removing from the Big-
horn River the specified quantity of water for the duration, 
at the locations, and under the conditions set forth in the 
applicable requirement. 
(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 Yellowtail Afterbay Dam, pro-
vided that this exclusive right shall expire 15 years after the 
date of enactment of this Act if construction has not been 
substantially completed on the power generation project of the 
Tribe. 
(2) BUREAU OF RECLAMATION COOPERATION.—The Bureau 
of Reclamation shall cooperate with the Tribe on the develop-
ment of any power generation 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 provi-
sions that— 
(A) allocate the responsibilities for the design, construc-
tion, 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 
agreements— 
(i) regarding operating criteria and emergency 
procedures, as they relate to dam safety; and 
(ii) under which, should the Tribe propose any 
modifications to facilities owned by the Bureau of Rec-
lamation, the proposed modifications shall be subject 
to review and approval by the Secretary, acting 
through the Bureau of Reclamation; 
(C) beginning 10 years after the date on which the 
Tribe begins marketing power generated from the 
Yellowtail Afterbay Dam, the Tribe shall make annual 
payments for operation, maintenance, and replacement 
costs in amounts determined in accordance with the guide-
lines and methods of the Bureau of Reclamation 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 subparagraph (C) to the Secretary under the agree-
ment and at 5 year intervals thereafter; and 
(ii) may increase or decrease the charges in propor-
tion to the amount of any increase or decrease in 
the costs of operation, maintenance, and replacement
H. R. 4783—55 
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 period; and 
(II) 3 percent of the gross annual revenue 
produced by the sale of electricity generated by 
such project. 
(4) USE OF POWER BY TRIBE.—Any hydroelectric power gen-
erated in accordance with this subsection shall be used or 
marketed by the Tribe. 
(5) REVENUES.—The Tribe shall retain any revenues from 
the sale of hydroelectric power generated by a project under 
this subsection. 
(6) LIABILITY OF UNITED STATES.—The United States shall 
have no trust obligation to monitor, administer, or account 
for— 
(A) the revenues received by the Tribe under this sub-
section; or 
(B) the expenditure of the revenues received 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 Management 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 commu-
nity other than the Tribe. 
(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 Reservation 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 located 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.
H. R. 4783—56 
(2) INDEMNIFICATION.—The Tribe shall indemnify 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 receipt or expenditure of amounts 
described in paragraph (1)(A). 
(e) EFFECT ON CURRENT LAW.—Nothing in this section 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 Management Plan referred 
to in article III(A)(7) of the Compact— 
(A) limits, expands, alters, or otherwise affects— 
(i) the meaning, interpretation, implementation, 
application, or effect of any article, provision, or term 
of the Yellowstone River Compact; 
(ii) any right, requirement, or obligation under 
the Yellowstone River Compact; 
(iii) any allocation (or manner of determining any 
allocation) of water under the Yellowstone River Com-
pact; or 
(iv) any present or future claim, defense, or other 
position asserted in any legal, administrative, or other 
proceeding arising under or relating to the Yellowstone 
River Compact (including the original proceeding 
between the State of Montana 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 portion 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 includes the 
tribal water rights or the water right of any Indian 
tribe as part of any allocation or other disposition 
of water under that compact; or 
(D) waives the sovereign immunity from suit of any 
State under the Eleventh Amendment to the Constitution 
of the United States, except as expressly authorized in 
Article IV(F)(8) of the Compact. 
(2) EFFECT OF CERTAIN PROVISIONS IN COMPACT.—The provi-
sions in paragraphs (1) and (2) of article III (A)(6)(a), para-
graphs (1) and (2) of article 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 protections 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.
H. R. 4783—57 
(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.— 
(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 
applicable to the types of construction involved in the rehabilita-
tion and improvement of the Crow Irrigation Project, for the 
rehabilitation and improvement of the Crow Irrigation Project. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 
amount made available under paragraph (1), there is authorized 
to be appropriated to the Secretary for the rehabilitation and 
improvement of the Crow Irrigation Project $58,000,000, 
adjusted to reflect changes since May 1, 2008, in construction 
cost indices applicable to the types of construction involved 
in the rehabilitation and improvement of the Crow Irrigation 
Project. 
(b) DESIGN AND CONSTRUCTION OF MR&I SYSTEM.— 
(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 
applicable 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 paragraph (1), there is authorized 
to be appropriated to the Secretary for the design and construc-
tion of the MR&I System $100,381,000, adjusted to reflect 
changes since May 1, 2008, in construction cost indices 
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 Secretary of the 
Treasury shall transfer to the Secretary $4,776,000, adjusted to 
reflect changes in appropriate cost indices during the period begin-
ning on the date of enactment of this Act and ending on the 
date of the transfer, for Tribal Compact Administration. 
(d) ENERGY DEVELOPMENT PROJECTS.—Out of any funds in 
the Treasury not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary $20,000,000, adjusted to 
reflect changes in appropriate cost indices during the period begin-
ning on the date of enactment of this Act and ending on the 
date of the transfer, for Energy Development Projects as set forth 
in section 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
H. R. 4783—58 
transfer to the Secretary $47,000,000, 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 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 period 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 necessary of the amounts 
made available under those subsections may be used to carry out 
related activities necessary 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 concurrence of the Tribe, determines 
to be necessary to supplement the amounts made available 
under subsection (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 Secretary may 
transfer from the amounts made available under subsection 
(b) such amounts as the Secretary, with the concurrence of 
the Tribe, determines to be necessary to supplement the 
amounts made available under subsection (a), on a determina-
tion 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 findings under 
section 410(e) not later than March 31, 2016, or the extended 
date agreed to by the Tribe and the Secretary, after reasonable 
notice to the State of Montana, as applicable— 
(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 provided 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 revert 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
H. R. 4783—59 
(B) any funds made available to carry out the activities 
authorized in this title from other authorized sources. 
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’’ 
established by section 601(a) of the Tom Lantos and Henry J. 
Hyde United States Global Leadership Against HIV/AIDS, Tuber-
culosis, 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 execute the 
Settlement Agreement and to perform all obligations of the 
Secretary under the Settlement Agreement and this title; and 
(3) to authorize all actions and appropriations necessary 
for the United States to meet its obligations under the Settle-
ment 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 Finance and Administration Local Government Division 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 Association, and 
the Llano Quemado Mutual Domestic Water Consumers 
Association. 
(2) ENFORCEMENT
DATE.—The term ‘‘Enforcement Date’’ 
means the date upon which the Secretary publishes the notice 
required by section 509(f)(1). 
(3) MUTUAL-BENEFIT PROJECTS.—The term ‘‘Mutual-Benefit 
Projects’’ means the projects described and identified in articles 
6 and 10.1 of the Settlement Agreement. 
(4) PARTIAL
FINAL
DECREE.—The term ‘‘Partial 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
H. R. 4783—60 
of the Pueblo’s water right claims and which is substantially 
in the form agreed to by the Parties and attached 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 Settle-
ment Agreement. 
(6) PUEBLO.—The term ‘‘Pueblo’’ means the Taos Pueblo, 
a sovereign Indian tribe duly recognized 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 capacity as trustee for the Pueblo, 
holds title subject to Federal law limitations on alienation. 
Such lands include Tracts A, B, and C, the Pueblo’s land 
grant, the Blue Lake Wilderness Area, and the Tenorio 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 authorized 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 Con-
sumers Associations, as amended to conform with this title. 
(11) STATE ENGINEER.—The term ‘‘State Engineer’’ 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 permanent 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;
H. R. 4783—61 
(2) planning, permitting, designing, engineering, con-
structing, reconstructing, replacing, rehabilitating, operating, 
or repairing water production, treatment or delivery infrastruc-
ture, on-farm improvements, or wastewater infrastructure; 
(3) restoring, preserving and protecting the Buffalo Pasture, 
including planning, permitting, designing, engineering, con-
structing, operating, managing and replacing the Buffalo Pas-
ture Recharge Project; 
(4) administering the Pueblo’s water rights acquisition pro-
gram and water management and administration system; and 
(5) watershed protection and enhancement, support of agri-
culture, water-related Pueblo community welfare and economic 
development, and costs related to the negotiation, authoriza-
tion, and implementation 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— 
(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 Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) AVAILABILITY OF AMOUNTS FROM FUND.—Upon the Enforce-
ment 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 withdraw all or 
part of the Fund on approval by the Secretary of a tribal 
management plan as described 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 requirement that monies 
withdrawn from the Fund are used for the purposes specified 
in subsection (a). 
(3) LIABILITY.—If the Pueblo exercises the right to with-
draw monies from the Fund, neither the Secretary nor the 
Secretary of the Treasury shall retain any liability for the 
expenditure or investment of the monies withdrawn. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblo shall submit to the Sec-
retary for approval an expenditure plan for any portions 
of the funds made available under this title that the Pueblo 
does not withdraw under paragraph (1)(A).
H. R. 4783—62 
(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 expenditure plan 
under subparagraph (A), the Secretary shall approve the 
plan if the Secretary determines that the plan is reasonable 
and consistent with this title. 
(5) ANNUAL REPORT.—The Pueblo shall submit to the Sec-
retary an annual report that describes all expenditures from 
the Fund during the year covered by the report. 
(f) AMOUNTS AVAILABLE ON APPROPRIATION.—Notwithstanding 
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 acquisition pro-
gram and water management and administration 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, authorization, 
and implementation of the Settlement Agreement, 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 that describes the purposes 
under paragraph (1) for which the monies will be used after 
a cost-effectiveness determination by the Secretary has been 
made as described in paragraph (1). The Secretary shall make 
the determination described in paragraph (1) within a reason-
able 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 approval 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, provided that such marketing is in accordance 
with this section. 
(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 avail-
able 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 
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
H. R. 4783—63 
law, any applicable Federal law, and any applicable interstate 
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, including all applicable State Engineer 
permitting and reporting requirements. 
(2) EFFECT ON WATER RIGHTS.—Such diversion 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 renewals, shall not exceed 
99 years in duration. 
(2) ALIENATION OF RIGHTS.—The Pueblo shall not perma-
nently alienate any rights it has under the Settlement Agree-
ment, 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, pro-
vided that no Secretarial approval 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 nonuse 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, abandonment, 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, super-
sede, 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 appro-
priation, use, development, storage, regulation, allocation, con-
servation, exportation, or quantity of those waters. 
(2) APPLICABLE LAW.—The provisions of section 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 applicable 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 Reclamation, shall provide 
financial assistance in the form of grants on a nonreimbursable 
basis to Eligible Non-Pueblo Entities to plan, permit, design, engi-
neer, and construct the Mutual-Benefit Projects in accordance with 
the Settlement 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 Pasture; and 
(2) to implement the resolution of a dispute over the alloca-
tion of certain surface water flows between the Pueblo and 
non-Indian irrigation water right owners in the community 
of Arroyo Seco Arriba.
H. R. 4783—64 
(b) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of the total cost 
of planning, designing, and constructing the Mutual-Benefit 
Projects authorized in subsection (a) shall be 75 percent and 
shall be nonreimbursable. 
(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 contributions, including the contribution of any valu-
able 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 associated with 
the Mutual-Benefit Projects as described in paragraph 10 
of the Settlement Agreement. 
SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS. 
(a) IN GENERAL.—Contracts issued under this section shall 
be in accordance with this title and the Settlement Agreement. 
(b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT WATER.— 
(1) IN GENERAL.—The Secretary shall enter into 3 repay-
ment contracts within a reasonable period 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 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 authorized and 
required by subsection (b)(1)(A) and notwithstanding 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 principal 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 interest 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 contractors, but such costs shall
H. R. 4783—65 
be absorbed by the United States Treasury or otherwise appro-
priated to the Department of the Interior. 
SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND 
CONDITIONS PRECEDENT. 
(a) RATIFICATION.— 
(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 consistent with this title, 
such amendments are also authorized, 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 Agreement requiring the signature 
of the Secretary and any amendments necessary to make the Settle-
ment 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 appropriated, the Secretary 
of the Treasury shall transfer to the Secretary for deposit 
in the Taos Pueblo Water Development Fund established 
by section 505(a), for the period of fiscal years 2011 through 
2016, $50,000,000, as adjusted 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 rehabilitation 
involved. 
(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to the amount made available under subparagraph (A), 
there is authorized to be appropriated to the Secretary 
for deposit 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 
engineering cost indices applicable to the types of construc-
tion 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 otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary 
to provide grants pursuant to section 507 $16,000,000 
for the period of fiscal years 2011 through 2016. 
(ii) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the amount made available under clause (i), 
there is authorized 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
H. R. 4783—66 
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 Secretary shall be enti-
tled to receive, shall accept, and shall use to carry out this 
title the funds transferred under paragraphs (1)(A) and (2)(A)(i), 
without further appropriation, to remain available until 
expended. 
(d) AUTHORITY
OF SECRETARY.—The Secretary is authorized 
to enter into such agreements and to take such measures as the 
Secretary may deem necessary or appropriate 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 Settlement Agreement shall 
not constitute a major Federal 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 relating to the protection of the 
environment, including— 
(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 pub-
lish in the Federal Register a statement of finding that the 
conditions have been fulfilled. 
(2) CONDITIONS.—The conditions precedent referred 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 con-
flicts with this title, the Settlement Agreement has been 
revised to conform with this title. 
(C) The Settlement Agreement, so revised, including 
waivers and releases pursuant to section 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 paragraphs (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 Settlement Agreement, and those funds 
have been deposited in appropriate accounts. 
(F) The State of New Mexico has enacted legislation 
that amends NMSA 1978, section 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 
Decree may be leased for a term, including all renewals, 
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
H. R. 4783—67 
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 Settlement Agreement and this title 
and that substantially conforms to the Settlement Agree-
ment and Attachment 5 thereto has been approved by 
the Court and has become final and nonappealable. 
(g) ENFORCEMENT DATE.—The Settlement Agreement shall 
become enforceable, and the waivers and releases 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.— 
(1) IN GENERAL.—If all of the conditions precedent described 
in section (f)(2) have not been fulfilled by March 31, 2017, 
the Settlement Agreement 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, together with any income 
earned thereon, and title to any property acquired or con-
structed with expended Federal funds, shall be returned to 
the Federal Government, 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 provided 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 purchase of water rights against any 
claim of the Pueblo against the United States described in 
section 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,
H. R. 4783—68 
including but not limited to the commitments by non-Pueblo parties, 
as set forth in the 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 parties 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 Valley 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.) (consolidated), 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 consumptive 
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 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 damages, losses, injuries, interference with, diver-
sion, or taking) in the Rio Grande mainstream or its tributaries 
or for lands within the Taos Valley that accrued at any time 
up to and including the Enforcement 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 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.) (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 (including 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 inter-
ference 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
H. R. 4783—69 
Valley that first accrued at any time up to and including 
the Enforcement 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), 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 litigation 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 Agreement, exhibits thereto, the Final Decree, 
or this title. 
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases authorized 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 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 interference with, diversion or taking 
of water rights (including 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 occurring outside the Taos 
Valley or the Taos Valley Stream System; 
(3) all rights to use and protect water rights acquired 
after the date of enactment of this Act; 
(4) all rights to use and protect water rights acquired 
pursuant to State law, to the extent not inconsistent 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 Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) (including but not limited to claims for damages to natural 
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 regulations implementing those Acts; 
(6) all claims relating to damages, losses, or injuries 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
H. R. 4783—70 
(7) all rights, remedies, privileges, immunities, powers, and 
claims not specifically waived and released 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 acting in its 
sovereign capacity to take actions authorized by law, including 
but not limited to any laws relating to health, safety, or the 
environment, including 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 Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 
6901 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 duties of the United 
States or other parties pursuant 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 limitation or time- 
based equitable defense that expired before the date of enact-
ment 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 AFFECTED.—Nothing 
in this title shall be deemed as conferring, restricting, enlarging, 
or determining the subject matter jurisdiction of any court,
H. R. 4783—71 
including the jurisdiction of the court that enters the Partial Final 
Decree adjudicating 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 adversely affect 
the land and water rights, claims, or entitlements 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 carried 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 
Reclamation Water Settlements Fund established under section 
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, Tuberculosis, 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 America, 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 described 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 System. 
(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—
H. R. 4783—72 
(A) describes the location, capacity, and management 
(including the distribution of water to customers) of the 
Regional Water System; and 
(B) allocates the costs of the Regional Water System 
with respect to— 
(i) the construction, operation, maintenance, 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 Dis-
tribution System’’ means the portion of the Regional Water 
System that serves water customers on non-Pueblo land in 
the Pojoaque Basin. 
(8) COUNTY
WATER
UTILITY.—The term ‘‘County Water 
Utility’’ means the water utility organized by the County to— 
(A) receive water distributed by the Authority; and 
(B) provide the water received under subparagraph 
(A) to customers on non-Pueblo land in the Pojoaque Basin. 
(9) ENGINEERING REPORT.—The term ‘‘Engineering Report’’ 
means the report entitled ‘‘Pojoaque Regional Water System 
Engineering Report’’ dated September 2008 and any amend-
ments thereto, including any modifications which may be 
required by section 611(d)(2). 
(10) FUND.—The term ‘‘Fund’’ means the Aamodt Settle-
ment Pueblos’ Fund established by section 615(a). 
(11) OPERATING AGREEMENT.—The term ‘‘Operating Agree-
ment’’ means the agreement between the Pueblos and the 
County executed under section 612(a). 
(12) 
OPERATIONS, 
MAINTENANCE, 
AND
REPLACEMENT 
COSTS.— 
(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, efficient, 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 immediately south; and 
(iii) 2 arroyos (including the Arroyo Alamo) that 
are north of the confluence of the Rio Pojoaque and 
the Rio Grande. 
(B) INCLUSION.—The term ‘‘Pojoaque Basin’’ includes 
the San Ildefonso Eastern Reservation recognized by sec-
tion 8 of Public Law 87–231 (75 Stat. 505).
H. R. 4783—73 
(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 December 22, 1858 (11 Stat. 374, chapter 
V); or 
(II) within the exterior boundaries of any territory 
set aside for the Pueblo by law, executive order, or 
court decree; 
(C) owned by a Pueblo or held by the United States 
in trust for the benefit of a Pueblo outside the Pojoaque 
Basin that is located within the exterior boundaries of 
the Pueblo as recognized and confirmed by a patent issued 
under the Act of December 22, 1858 (11 Stat. 374, chapter 
V); or 
(D) within the exterior boundaries of any real property 
located outside the Pojoaque Basin set aside for a Pueblo 
by law, executive order, or court decree, if the land is 
within or contiguous to land held by the United States 
in trust for the Pueblo as of January 1, 2005. 
(17) PUEBLO WATER FACILITY.— 
(A) IN GENERAL.—The term ‘‘Pueblo Water Facility’’ 
means— 
(i) a portion of the Regional Water System that 
serves only water customers on Pueblo land; and 
(ii) portions of a Pueblo water system in existence 
on the date of enactment of this Act that serve water 
customers on non-Pueblo land, also in existence on 
the date of enactment of this Act, or their successors, 
that are— 
(I) depicted in the final project design, as modi-
fied 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 System described in section 
611(a).
H. R. 4783—74 
(B) EXCLUSIONS.—The term ‘‘Regional Water System’’ 
does not include the County or Pueblo water supply deliv-
ered through the Regional Water System. 
(19) SAN
JUAN-CHAMA
PROJECT.—The term ‘‘San Juan- 
Chama Project’’ means the Project authorized 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 Sec-
retary 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 Settlement 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. 
Subtitle A—Pojoaque Basin Regional 
Water System 
SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner of Reclamation, shall plan, design, and construct a regional 
water system in accordance with the Settlement Agreement, to 
be known as the ‘‘Regional Water System’’— 
(1) to divert and distribute water to the Pueblos 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 distribu-
tion 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— 
(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 necessary for construction at no cost to the Secretary.
H. R. 4783—75 
The Secretary shall acquire any other land or interest 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.— 
(1) IN GENERAL.—The Secretary shall not begin construc-
tion of the Regional Water System facilities until the date 
on which— 
(A) the Secretary executes— 
(i) the Settlement Agreement; and 
(ii) the Cost-Sharing and System Integration 
Agreement; and 
(B) the State and the County have entered into an 
agreement with the Secretary to contribute the non-Federal 
share of the costs of the construction in accordance with 
the Cost-Sharing and System Integration Agreement. 
(2) MODIFICATIONS TO REGIONAL WATER SYSTEM.— 
(A) IN GENERAL.—The State and the County, in agree-
ment 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 subparagraph (A)— 
(i) shall not affect implementation of the Settle-
ment 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 System Integration Agreement. 
(e) APPLICABLE LAW.—The Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) shall not apply to 
the design and construction of the Regional Water System. 
(f) CONSTRUCTION COSTS.— 
(1) PUEBLO WATER FACILITIES.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the expenditures of the Secretary to construct the 
Pueblo Water Facilities under this section shall not exceed 
$106,400,000. 
(B) EXCEPTION.—The amount described in subpara-
graph (A) shall be increased or decreased, as appropriate, 
based on ordinary fluctuations in construction costs since 
October 
1, 
2006, 
as 
determined 
using 
applicable 
engineering cost indices. 
(2) COSTS TO PUEBLO.—The costs incurred by the Secretary 
in carrying out activities to construct the Pueblo Water Facili-
ties under this section shall not be reimbursable to the United 
States. 
(3) COUNTY DISTRIBUTION SYSTEM.—As a condition of the 
Secretary using the funds made available pursuant to section 
617(a)(1), the costs of constructing the County Distribution 
System shall be a State and local expense pursuant to the 
Cost-Sharing 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
H. R. 4783—76 
described in the Cost-Sharing and System Integration Agree-
ment for construction of the Regional Water System and would 
necessitate funds in excess of the amount made available pursu-
ant to section 617(a)(1), the Secretary 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 com-
pleted as required by section 623(e). 
(2) JOINT RESPONSIBILITIES.—The United States shall not 
bear the entire amount of any cost overrun, nor shall the 
State be responsible to pay any amounts in addition to the 
amounts specified in the Cost-Sharing and System Integration 
Agreement. 
(h) CONVEYANCE OF REGIONAL WATER SYSTEM FACILITIES.— 
(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 Oper-
ating Agreement, shall convey to— 
(A) each Pueblo the portion of any Pueblo Water 
Facility that is located within the boundaries of the Pueblo, 
including any land or interest in land located within the 
boundaries of the Pueblo that is acquired by the United 
States for the construction of the Pueblo Water Facility; 
(B) the County the County Distribution System, 
including any land or interest in land acquired by the 
United States for the construction of the County Distribu-
tion System; and 
(C) the Authority any portions of the Regional Water 
System that remain after making the conveyances under 
subparagraphs (A) and (B), including any land or interest 
in land acquired by the United States for the construction 
of the portions of the Regional Water System. 
(2) CONDITIONS FOR CONVEYANCE.—The Secretary 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 conveyance by the Sec-
retary under paragraph (1), the Pueblos, the County, and the 
Authority shall not reconvey any portion of the Regional Water 
System conveyed to the Pueblos, the County, and the Authority, 
respectively, unless the reconveyance is authorized 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 System under paragraph (1), 
the United States shall have no further right, title, or interest 
in and to the portion of the Regional Water System conveyed. 
(5) ADDITIONAL CONSTRUCTION.—On conveyance of a por-
tion 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 additional infrastructure that is necessary to fully use 
the water delivered by the Regional Water System. 
(6) TAXATION.—Conveyance of title to any portion of the 
Regional Water System, the Pueblo Water Facilities, or the
H. R. 4783—77 
County Distribution System under paragraph (1) does not waive 
or alter any applicable Federal law prohibiting taxation of 
such facilities 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 liable by any court for damages of any 
kind arising out of any act, omission, or occurrence relating 
to the land and facilities conveyed, other than damages 
caused by acts of negligence 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 section increases 
the liability of the United States beyond the liability pro-
vided in chapter 171 of title 28, United States Code (com-
monly known as the ‘‘Federal Tort Claims Act’’). 
(8) EFFECT.—Nothing in any transfer of ownership provided 
or any conveyance thereto as provided in this section shall 
extinguish the right of any Pueblo, the County, or the Regional 
Water Authority to the continuous use and benefit of each 
easement or right of way for the use, operation, maintenance, 
repair, and replacement of Pueblo Water Facilities, the County 
Distribution System or the Regional Water System or for waste-
water purposes as provided in the Cost-Sharing and System 
Integration 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 Agree-
ment not later than 180 days after the later of— 
(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 disapprove the 
Operating Agreement within a reasonable period of time after the 
Pueblos and the County submit the Operating Agreement described 
in subsection (a) and upon making a determination that the Oper-
ating Agreement is consistent with this title, the Settlement Agree-
ment, and the Cost-Sharing and System Integration Agreement. 
(c) CONTENTS.—The Operating Agreement shall include— 
(1) provisions consistent with the Settlement Agreement 
and the Cost-Sharing and System Integration Agreement and 
necessary to implement the intended benefits of the Regional 
Water System described in those documents; 
(2) provisions for— 
(A) the distribution of water conveyed through the 
Regional Water System, including a delineation of— 
(i) distribution lines for the County Distribution 
System; 
(ii) distribution lines for the Pueblo Water Facili-
ties; and 
(iii) distribution lines that serve both— 
(I) the County Distribution System; and 
(II) the Pueblo Water Facilities;
H. R. 4783—78 
(B) the allocation of the Regional Water System 
capacity; 
(C) the terms of use of unused water capacity 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 infrastructure 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 provisions 
addressing when the construction of such additional infra-
structure requires approval by the Authority; 
(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 County 
Water Utility; 
(G) the operation of wellfields located on Pueblo land; 
(H) the transfer of any water rights necessary to pro-
vide the Pueblo water supply described in section 613(a); 
(I) the operation of the Regional Water System with 
respect to the water supply, including the allocation of 
the water supply in accordance with section 3.1.8.4.2 of 
the Settlement Agreement so that, in the event of a short-
age of supply to the Regional Water System, the supply 
to each of the Pueblos’ and to the County’s distribution 
system shall be reduced on a pro rata basis, in proportion 
to each distribution system’s most current annual use; 
and 
(J) dispute resolution; and 
(3) provisions for operating and maintaining the Regional 
Water System facilities before and after conveyance under sec-
tion 611(h), including provisions to— 
(A) ensure that— 
(i) the operation of, and the diversion and convey-
ance 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 extent feasible; 
(iii) the respective obligations regarding delivery, 
payment, operation, and management 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 recovery projects 
that are approved by the Office of the New Mexico State 
Engineer.
H. R. 4783—79 
(d) EFFECT.—Nothing in this title precludes the Operating 
Agreement from authorizing phased or interim operations 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 System 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 para-
graphs (1) and (2) at the points of diversion for the Regional 
Water System, consistent 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, relinquishment, 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 pursu-
ant 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 distribu-
tion of San Juan-Chama Project water or the management or oper-
ation 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 following terms: 
(1) WAIVERS.—Notwithstanding the provisions of the San 
Juan-Chama Project Act, or any other provision of law— 
(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 construction 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 nonreimbursable; 
(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 increase 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
H. R. 4783—80 
(C) the construction costs associated with any water 
made available from the San Juan-Chama Project which 
were determined nonreimbursable and nonreturnable 
pursuant to Public Law No. 88–293, 78 Stat. 171 (March 
26, 1964), shall remain nonreimbursable and nonreturn-
able. 
(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 expiration date described in section 
623(b), or within 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 Agreement 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
OBLIGA-
TIONS.—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 pursuant to the Settlement Agreement. 
(h) 
RIGHTS
OF
PUEBLOS
IN
SETTLEMENT
AGREEMENT 
UNAFFECTED.—Notwithstanding the provisions of subsections (a) 
through (g), the Pueblos, the County or the Regional Water 
Authority may acquire any additional water rights to ensure all 
parties to the Settlement Agreement 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 CAPACITY.— 
(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 described in— 
(i) the Engineering Report; and 
(ii) the final project design. 
(2) ALLOCATION
TO
THE
PUEBLOS
AND
COUNTY
WATER 
UTILITY.—Of the capacity described in paragraph (1)— 
(A) there shall be allocated to the Pueblos— 
(i) sufficient capacity for the conveyance 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 conveyance of up to 
1,500 acre-feet consumptive use; and 
(ii) the requisite peaking capacity for the quantity 
of water described in clause (i).
H. R. 4783—82 
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 Management 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 623(d), the Secretary 
shall invest amounts in the 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 Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) TRIBAL MANAGEMENT PLAN.— 
(1) IN GENERAL.—A Pueblo may withdraw all or part of 
the Pueblo’s portion of the Fund on approval 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.). 
(2) 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 a Pueblo spend any amounts withdrawn 
from the Fund in accordance with the purposes described in 
section 617(c). 
(3) 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 Fund under an approved tribal management plan are used 
in accordance with this subtitle. 
(4) LIABILITY.—If a Pueblo or the Pueblos exercise the 
right to withdraw amounts from the Fund, neither the Sec-
retary nor the Secretary of the Treasury shall retain any 
liability for the expenditure or investment of the amounts with-
drawn. 
(5) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblos shall submit to the Sec-
retary for approval an expenditure plan for any portion 
of the amounts in the Fund that the Pueblos do not with-
draw under this subsection. 
(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 expenditure plan 
under subparagraph (A), the Secretary shall approve the 
plan if the Secretary determines that the plan is reasonable
H. R. 4783—83 
and consistent with this title, the Settlement Agreement, 
and the Cost-Sharing and System Integration Agreement. 
(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 AGREEMENT.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
amounts made available under section 617(c)(1), or 
from other authorized sources, shall be available for 
expenditure or withdrawal only after the publication 
of the statement of findings required 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 implemented in conjunction 
with the construction of the Regional Water System, 
as determined 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 expenditure or withdrawal only after those portions 
of the Regional Water System described in section 1.5.24 
of the Settlement Agreement have been declared substan-
tially complete by the Secretary. 
SEC. 616. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—In carrying out this subtitle, the Secretary 
shall comply with each law of the Federal Government relating 
to the protection 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.). 
(b) NATIONAL ENVIRONMENTAL POLICY ACT.—Nothing in this 
title affects the outcome of any analysis conducted by the Secretary 
or any other Federal official 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.—Subject to paragraph 
(5), out of any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer to 
the Secretary for the planning, design, and construction 
of the Regional Water System and the conduct of environ-
mental 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.
H. R. 4783—84 
(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to the amount made available under subparagraph (A), 
there is authorized to be appropriated to the Secretary 
for the planning, design, and construction of the Regional 
Water System and the conduct of environmental compliance 
activities under section 616 $50,000,000, as adjusted under 
paragraph (4), for the period of fiscal years 2011 through 
2024. 
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall use to carry out this 
title the funds transferred under paragraph (1)(A), without 
further appropriation, 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, consisting of— 
(i) the surface water diversion, treatment, 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 System providing 
475 acre-feet to Pojoaque Pueblo pursuant to section 2.2 
of the Settlement Agreement. 
(4) ADJUSTMENT.—The amounts made available under 
paragraph (1) shall be adjusted annually to account for 
increases in construction costs since October 1, 2006, as deter-
mined using applicable engineering 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 
District Court for the District of New Mexico issues an 
order approving the Settlement Agreement. 
(B) RECORD OF DECISION.—No amounts made available 
under paragraph (1) shall be expended for construction 
unless the record of decision 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. 
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled 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 appropriated, the Secretary 
of the Treasury shall transfer to the Secretary the following 
amounts for the period of fiscal years 2011 through 2015:
H. R. 4783—85 
(i) $15,000,000, as adjusted according 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 rehabilita-
tion, 
improvement, 
operation, 
maintenance, 
and 
replacement of the agricultural delivery facilities, 
waste water systems, and other water-related infra-
structure of the applicable Pueblo. 
(ii) $5,000,000, as adjusted according to the CPI 
Urban Index beginning on January 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 economic development 
for the Nambe reserved water rights in accordance 
with section 613(a)(1)(A). 
(B) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to the amounts made available under clauses (i) and (ii) 
of subparagraph (A), respectively, there are authorized to 
be appropriated to the Secretary for the period of fiscal 
years 2011 through 2024, $37,500,000 to assist the Pueblos 
in paying the Pueblos’ share of the cost of operating, 
maintaining, and replacing the Pueblo Water Facilities and 
the Regional Water System. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT 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 replacement costs associated with the Pueblo Water 
Facilities or the Regional Water System, up to the amount 
made available under subparagraph (B). 
(B) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out subparagraph (A) $5,000,000. 
(C) OBLIGATION
OF
FEDERAL
GOVERNMENT
AFTER 
COMPLETION.—After the date on which construction of the 
Regional Water System is completed and the amounts 
required to be deposited in the Aamodt Settlement Pueblos’ 
Fund pursuant to paragraph (1) have been deposited by 
the Federal Government— 
(i) the Federal Government shall have no obliga-
tion to pay for the operation, maintenance, and replace-
ment costs associated with the Pueblo Water Facilities 
or the Regional Water System; and 
(ii) the authorization for the Secretary to expend 
funds for the operation, maintenance, and replacement 
costs of those systems under subparagraph (A) shall 
expire. 
(3) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall use to carry out this 
title the funds transferred under paragraphs (1)(A), without 
further appropriation, to remain available until expended or 
until the authorization for the Secretary to expend funds pursu-
ant to paragraph (2) expires.
H. R. 4783—86 
Subtitle B—Pojoaque Basin Indian Water 
Rights Settlement 
SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL. 
(a) APPROVAL.—To the extent the Settlement Agreement and 
the Cost-Sharing and System Integration Agreement do not conflict 
with this title, the Settlement Agreement and the Cost-Sharing 
and System Integration Agreement (including any amendments 
to the Settlement Agreement and the Cost-Sharing and System 
Integration Agreement that are executed to make the Settlement 
Agreement or the Cost-Sharing and System Integration Agreement 
consistent with this title) are authorized, ratified, and confirmed. 
(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 Agree-
ment and the Cost-Sharing and System Integration Agreement 
(including any amendments that are necessary to make the Settle-
ment Agreement or the Cost-Sharing and System Integration Agree-
ment 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 limitations 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 Settle-
ment Agreement, the Secretary shall approve or disapprove 
a lease or contract entered into under paragraph (1). 
(3) PROHIBITION ON PERMANENT ALIENATION.—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 alienation of any portion of the water rights made 
available to the Pueblos under the Settlement Agreement. 
(4) APPLICABLE LAW.—Section 2116 of the Revised Statutes 
(25 U.S.C. 177) shall not apply to any lease or contract entered 
into under paragraph (1). 
(5) LEASING OR MARKETING OF WATER SUPPLY.—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 supplied from the Nambe Falls Dam 
and Reservoir in accordance with the Settlement Agreement. 
SEC. 622. ENVIRONMENTAL COMPLIANCE. 
(a) EFFECT OF EXECUTION OF SETTLEMENT AGREEMENT.—The 
execution of the Settlement Agreement under section 611(b) shall 
not constitute a major Federal action under the National Environ-
mental 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
H. R. 4783—87 
Government relating to the protection 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.). 
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 pub-
lish 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 con-
flicts with this subtitle, the Settlement Agreement has 
been revised to conform with this subtitle; 
(B) the Settlement Agreement, so revised, including 
waivers and releases pursuant to section 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; 
(D) the Secretary has acquired and entered into appro-
priate 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 Engineer to the Regional 
Water Authority to change the points of diversion to the 
mainstem of the Rio Grande for the diversion and consump-
tive use of at least 2,381 acre-feet by the Pueblos as part 
of the water supply for the Regional 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 
Pueblo 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 
least 2,381 acre-feet as part of the water supply for 
the Regional Water System, including defining the 
conditions that will not constitute a material adverse 
affect; 
(F) the State has enacted any necessary legislation 
and provided any funding that may be required under 
the Settlement Agreement; 
(G) a partial final decree that sets forth the water 
rights and other rights to water to which the Pueblos 
are entitled under the Settlement Agreement and this sub-
title and that substantially conforms to the Settlement
H. R. 4783—88 
Agreement has been approved by the United States District 
Court for the District of New Mexico; 
(H) a final decree that sets forth the water rights 
for all parties to the Aamodt Case and that substantially 
conforms to the Settlement Agreement has been approved 
by the United States District Court for the District of 
New Mexico; and 
(I) the waivers and releases described in section 624 
have been executed. 
(b) EXPIRATION DATE.—If all the conditions precedent described 
in subsection (a)(2) have not been fulfilled by September 15, 2017— 
(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 authorized 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 constructed with Federal funds appropriated or 
made available to carry out the activities authorized by this 
title shall be returned to the Federal Government, unless other-
wise 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 appropriated or made available to carry 
out the activities authorized by this title that were expended 
or withdrawn, together with any interest accrued on those 
funds, against any claims against the United States— 
(A) relating to water rights in the Pojoaque Basin 
asserted by any Pueblo that benefitted from the use of 
expended or withdrawn Federal funds; or 
(B) in any future settlement of the Aamodt Case. 
(c) ENFORCEMENT DATE.—The Settlement Agreement 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 effective as of the 
date that the Secretary publishes the notice required by subsection 
(a)(1). 
(e) REQUIREMENTS
FOR
DETERMINATION
OF
SUBSTANTIAL 
COMPLETION OF THE REGIONAL WATER SYSTEM.— 
(1) CRITERIA FOR SUBSTANTIAL COMPLETION OF REGIONAL 
WATER
SYSTEM.—Subject to the provisions in section 611(d) 
concerning the extent, size, and capacity of the County Distribu-
tion System, the Regional Water System shall be determined 
to be 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 Engineering Report to the County 
Distribution System.
H. R. 4783—89 
(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 comple-
tion of the Regional Water System have been met or will 
be met by June 30, 2024. 
(3) WRITTEN DETERMINATION BY SECRETARY.—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 determination under 
subparagraph (A) to— 
(i) the Pueblos; 
(ii) the County; and 
(iii) the State. 
(4) RIGHT TO REVIEW.— 
(A) IN GENERAL.—A determination by the Secretary 
under paragraph (3)(A) shall be considered to be a final 
agency action subject to judicial review by the Decree Court 
under sections 701 through 706 of title 5, United States 
Code. 
(B) FAILURE TO MAKE TIMELY DETERMINATION.— 
(i) IN GENERAL.—If a Pueblo requests a written 
determination under paragraph (3) and the Secretary 
fails to make such a written determination by the 
date described in clause (ii), there shall be a rebuttable 
presumption that the failure constitutes agency action 
unlawfully withheld or unreasonably delayed under 
section 706 of title 5, United States Code. 
(ii) DATE.—The date referred to in clause (i) is 
the date that is the later of— 
(I) the date that is 180 days after the date 
of receipt by the Secretary of the request by the 
Pueblo; and 
(II) June 30, 2023. 
(C) EFFECT OF TITLE.—Nothing in this title gives any 
Pueblo or Settlement Party the right to judicial review 
of a determination of the Secretary regarding whether the 
Regional Water System has been substantially completed 
except under subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’). 
(5) RIGHT TO VOID FINAL DECREE.— 
(A) IN GENERAL.—Not later than June 30, 2024, on 
a determination by the Secretary, after consultation with 
the Pueblos, that the Regional Water System is not 
substantially complete, 1 or more of the Pueblos, or the 
United States acting on behalf of a Pueblo, shall have 
the right to notify the Decree Court of the determination. 
(B) EFFECT.—The Final Decree shall have no force 
or effect on a finding by the Decree Court that a Pueblo, 
or the United States acting on behalf of a Pueblo, has 
submitted proper notification under subparagraph (A).
H. R. 4783—90 
(f) VOIDING OF WAIVERS.—If the Final Decree is void under 
subsection (e)(5)— 
(1) the Settlement Agreement shall no longer be effective; 
(2) the waivers and releases executed pursuant to section 
624 shall no longer be effective; 
(3) any unexpended Federal funds appropriated or made 
available to carry out the activities authorized 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 constructed with Federal funds appropriated or 
made available to carry out the activities authorized by this 
title shall be returned to the Federal Government, unless other-
wise 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 appropriated or made available to carry 
out the activities authorized by this title that were expended 
or withdrawn, together with any interest accrued on those 
funds, against any claims against the United States— 
(A) relating to water rights in the Pojoaque Basin 
asserted by any Pueblo that benefitted from the use of 
expended or withdrawn Federal funds; or 
(B) in any future settlement of the Aamodt Case. 
(g) EXTENSION.—The dates in subsections (a)(1) and (b) may 
be extended if the parties to the Cost-Sharing and System Integra-
tion Agreement agree that an extension is reasonably necessary. 
SEC. 624. WAIVERS AND RELEASES OF CLAIMS. 
(a) CLAIMS
BY
THE PUEBLOS
AND
THE UNITED STATES.—In 
return for recognition of the Pueblos’ water rights and other bene-
fits, including waivers and releases by non-Pueblo parties, as set 
forth in the Settlement Agreement and this title, the Pueblos, 
on behalf of themselves and their members, and the United States 
acting in its capacity as trustee for the Pueblos are authorized 
to execute a waiver and release of— 
(1) all claims for water rights in the Pojoaque Basin that 
the Pueblos, or the United States acting in its capacity as 
trustee for the Pueblos, asserted, or could have asserted, in 
any proceeding, including the Aamodt Case, up to and including 
the waiver effectiveness date identified in section 623(d), except 
to the extent that such rights are recognized in the Settlement 
Agreement or this title; 
(2) all claims for water rights for lands in the Pojoaque 
Basin and for rights to use water in the Pojoaque Basin that 
the Pueblos, or the United States acting in its capacity as 
trustee for the Pueblos, might be able to otherwise assert 
in any proceeding not initiated on or before the date of enact-
ment of this Act, except to the extent that such rights are 
recognized in the Settlement Agreement or this title; 
(3) all claims for damages, losses or injuries to water rights 
or claims of interference with, diversion or taking of water 
(including claims for injury to land resulting from such dam-
ages, losses, injuries, interference with, diversion, or taking) 
for land within the Pojoaque Basin that accrued at any time
H. R. 4783—91 
up to and including the waiver effectiveness date identified 
in section 623(d); 
(4) their defenses in the Aamodt Case to the claims pre-
viously asserted therein by other parties to the Settlement 
Agreement; 
(5) all pending and future inter se challenges to the quan-
tification and priority of water rights of non-Pueblo wells in 
the Pojoaque Basin, except as provided by section 2.8 of the 
Settlement Agreement; 
(6) all pending and future inter se challenges against other 
parties to the Settlement Agreement; 
(7) all claims for damages, losses, or injuries to water 
rights or claims of interference with, diversion or taking of 
water (including claims for injury to land resulting from such 
damages, losses, injuries, interference with, diversion, or taking 
of water) attributable to City of Santa Fe pumping of ground-
water that has effects on the ground and surface water supplies 
of the Pojoaque Basin, provided that this waiver shall not 
be effective by the Pueblo of Tesuque unless there is a water 
resources agreement executed between the Pueblo of Tesuque 
and the City of Santa Fe; and 
(8) all claims for damages, losses, or injuries to water 
rights or claims of interference with, diversion or taking of 
water (including claims for injury to land resulting from such 
damages, losses, injuries, interference with, diversion, or taking 
of water) attributable to County of Santa Fe pumping of ground-
water that has effects on the ground and surface water supplies 
of the Pojoaque Basin. 
(b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED STATES.— 
The Pueblos, on behalf of themselves and their members, are 
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 Pojoaque Basin or for rights to use water in the Pojoaque 
Basin that the United States acting in its capacity as trustee 
for the Pueblos asserted, or could have asserted, in any pro-
ceeding, including the Aamodt Case; 
(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 (including 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) within the Pojoaque Basin that 
first accrued at any time up to and including the waiver 
effectiveness date identified in section 623(d); 
(3) all claims against the United States, its agencies, or 
employees for an accounting of funds appropriated by Acts, 
including the Act of December 22, 1927 (45 Stat. 2), the Act 
of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 
(46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), 
the Act of March 4, 1931 (46 Stat. 1552), the Act of July 
1, 1932 (47 Stat. 525), 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
H. R. 4783—92 
Lands Act of June 7, 1924 (43 Stat. 636), 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 litigation of claims relating 
to the Pueblos’ water rights in the Aamodt Case; and 
(5) all claims against the United States, its agencies, or 
employees relating to the negotiation, Execution or the adoption 
of the Settlement Agreement, exhibits thereto, the Partial Final 
Decree, the Final Decree, or this title. 
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases authorized in this title, 
the Pueblos on behalf of themselves and their members and the 
United States acting in its capacity as trustee for the Pueblos 
retain.— 
(1) all claims for enforcement of the Settlement Agreement, 
the Cost-Sharing and System Integration Agreement, the Final 
Decree, including the Partial Final Decree, the San Juan- 
Chama Project contract between the Pueblos and the United 
States or this title; 
(2) all rights to use and protect water rights acquired 
after the date of enactment of this Act; 
(3) all rights to use and protect water rights acquired 
pursuant to state law to the extent not inconsistent with the 
Partial Final Decree, Final Decree, and the Settlement Agree-
ment; 
(4) all claims against persons other than Parties to the 
Settlement Agreement for damages, losses or injuries to water 
rights or claims of interference with, diversion or taking of 
water (including claims for injury to lands resulting from such 
damages, losses, injuries, interference with, diversion, or taking 
of water) within the Pojoaque Basin arising out of activities 
occurring outside the Pojoaque Basin; 
(5) all claims relating to activities affecting the quality 
of water including any claims the Pueblos may have under 
the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
claims for damages to natural 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 regulations imple-
menting those laws; 
(6) all claims against the United States relating to dam-
ages, losses, or injuries to land or natural resources not due 
to loss of water or water rights (including hunting, fishing, 
gathering or cultural rights); 
(7) all claims for water rights from water sources outside 
the Pojoaque Basin for land outside the Pojoaque Basin owned 
by a Pueblo or held by the United States for the benefit of 
any of the Pueblos; and 
(8) all rights, remedies, privileges, immunities, powers and 
claims not specifically waived and released pursuant to this 
title or the Settlement Agreement. 
(d) EFFECT.—Nothing in the Settlement Agreement or this 
title—
H. R. 4783—93 
(1) 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 Environmental Response, Com-
pensation, 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.), and 
the regulations implementing those laws; 
(2) affects the ability of the United States to take actions 
acting in its capacity as trustee for any other Indian tribe 
or allottee; or 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding 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 Federal agency action; 
(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 June 30, 2021. 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(3) LIMITATION.—Nothing in this section precludes the 
tolling of any period of limitations or any time-based equitable 
defense under any other applicable law. 
SEC. 625. EFFECT. 
Nothing in this title or the Settlement Agreement affects the 
land and water rights, claims, or entitlements to water of any 
Indian tribe, pueblo, or community other than the Pueblos. 
SEC. 626. 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’’ 
established by section 601(a) of the Tom Lantos and Henry J. 
Hyde United States Global Leadership Against HIV/AIDS, Tuber-
culosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)). 
TITLE VII—RECLAMATION WATER 
SETTLEMENTS FUND 
SEC. 701. MANDATORY APPROPRIATION. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
out of any funds in the Treasury not otherwise appropriated, for 
each of fiscal years 2012 through 2014, the Secretary of the 
Treasury shall transfer to the Secretary of the Interior $60,000,000
H. R. 4783—94 
for deposit in the Reclamation Water Settlements Fund established 
in section 10501 of Public Law 111–11. 
(b) RECEIPT AND ACCEPTANCE.—Starting in fiscal year 2012, 
the Secretary of the Interior shall be entitled to receive, shall 
accept, and shall use to carry out subtitle B of title X of Public 
Law 111–11 the funds transferred under subsection (a), without 
further appropriation, to remain available until expended. 
TITLE VIII—GENERAL PROVISIONS 
Subtitle A—Unemployment Compensation 
Program Integrity 
SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE 
DEBTS. 
(a) UNEMPLOYMENT COMPENSATION DEBTS.—Section 6402(f) of 
the Internal Revenue Code of 1986 is amended— 
(1) in the heading, by striking ‘‘RESULTING FROM FRAUD’’; 
(2) by striking paragraphs (3) and (8) and redesignating 
paragraphs (4) through (7) as paragraphs (3) through (6), 
respectively; 
(3) in paragraph (3), as so redesignated— 
(A) in subparagraph (A), by striking ‘‘by certified mail 
with return receipt’’; 
(B) in subparagraph (B), by striking ‘‘due to fraud’’ 
and inserting ‘‘is not a covered unemployment compensa-
tion debt’’; 
(C) in subparagraph (C), by striking ‘‘due to fraud’’ 
and inserting ‘‘ is not a covered unemployment compensa-
tion debt’’; and 
(4) in paragraph (4), as so redesignated— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘or the person’s failure to report 
earnings’’ after ‘‘due to fraud’’; and 
(ii) by striking ‘‘for not more than 10 years’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘due to fraud’’; and 
(ii) by striking ‘‘for not more than 10 years’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to refunds payable under section 6402 of the Internal 
Revenue Code of 1986 on or after the date of the enactment of 
this Act. 
SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY 
OF NEW HIRES. 
(a) ADDITION OF REQUIREMENT.—Section 453A(b)(1)(A) of the 
Social Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting 
‘‘the date services for remuneration were first performed by the 
employee,’’ after ‘‘of the employee,’’. 
(b) CONFORMING AMENDMENT REGARDING REPORTING FORMAT 
AND METHOD.—Section 453A(c) of the Social Security Act (42 U.S.C. 
653a(c)) is amended by inserting ‘‘, to the extent practicable,’’ after 
‘‘Each report required by subsection (b) shall’’. 
(c) EFFECTIVE DATE.—
H. R. 4783—95 
(1) IN GENERAL.—Subject to paragraph (2), the amendments 
made by this section shall take effect 6 months after the date 
of the enactment of this Act. 
(2) COMPLIANCE TRANSITION PERIOD.—If the Secretary of 
Health and Human Services determines that State legislation 
(other than legislation appropriating funds) is required in order 
for a State plan under part D of title IV of the Social Security 
Act to meet the additional requirements imposed by the amend-
ment made by subsection (a), the plan shall not be regarded 
as failing to meet such requirements before the first day of 
the second calendar quarter beginning after the close of the 
first regular session of the State legislature that begins after 
the effective date of such amendment. If the State has a 2- 
year legislative session, each year of the session is deemed 
to be a separate regular session of the State legislature. 
Subtitle B—TANF 
SEC. 811. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 
FAMILIES PROGRAM. 
(a) IN GENERAL.—Activities authorized by part A of title IV 
and section 1108(b) of the Social Security Act (other than the 
Emergency Contingency Fund for State Temporary Assistance for 
Needy Families Programs established under subsection (c) of section 
403 of such Act) shall continue through September 30, 2011, in 
the manner authorized for fiscal year 2010, and out of any money 
in the Treasury of the United States not otherwise appropriated, 
there are hereby appropriated such sums as may be necessary 
for such purpose. Grants and payments may be made pursuant 
to this authority on a quarterly basis through fiscal year 2011 
at the level provided for such activities for the corresponding quarter 
of fiscal year 2010, except that— 
(1) in the case of healthy marriage promotion and respon-
sible fatherhood grants under section 403(a)(2) of such Act, 
such grants and payments shall be made in accordance with 
the amendments made by subsection (b) of this section; 
(2) in the case of supplemental grants under section 
403(a)(3) of such Act— 
(A) such grants and payments for the period beginning 
on October 1, 2010, and ending on December 3, 2010, 
shall not exceed the level provided for such grants and 
payments under the Continuing Appropriations Act, 2011; 
and 
(B) such grants and payments for the period beginning 
on December 4, 2010, and ending on June 30, 2011, shall 
not exceed the amount equal to the difference between 
$490,000,000 and such sums as are necessary for amounts 
obligated under section 403(b) of the Social Security Act 
on or after October 1, 2010, and before the date of enact-
ment of this Act; and 
(3) in the case of the Contingency Fund for State Welfare 
Programs established under section 403(b) of such Act, grants 
and payments may be made in the manner authorized for 
fiscal year 2010 through fiscal year 2012, in accordance with 
the amendments made by subsection (c) of this section.
H. R. 4783—96 
(b) HEALTHY MARRIAGE PROMOTION AND RESPONSIBLE FATHER-
HOOD GRANTS.—Section 403(a)(2) of the Social Security Act (42 
U.S.C. 603(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘and (C)’’ and inserting 
‘‘, (C), and (E)’’; 
(B) in clause (ii), in the matter preceding subclause 
(I), by inserting ‘‘(or, in the case of an entity seeking 
funding to carry out healthy marriage promotion activities 
and activities promoting responsible fatherhood, a com-
bined application that contains assurances that the entity 
will carry out such activities under separate programs and 
shall not combine any funds awarded to carry out either 
such activities)’’ after ‘‘an application’’; and 
(C) in clause (iii), by striking subclause (III) and 
inserting the following: 
‘‘(III) Marriage education, marriage skills, and 
relationship skills programs, that may include par-
enting skills, financial management, conflict reso-
lution, and job and career advancement.’’; 
(2) in subparagraph (C)(i), by striking ‘‘$50,000,000’’ and 
inserting ‘‘$75,000,000’’; 
(3) by striking subparagraph (D) and inserting the fol-
lowing: 
‘‘(D) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated for fiscal year 2011 for expenditure 
in accordance with this paragraph— 
‘‘(i) $75,000,000 for awarding funds for the purpose 
of carrying out healthy marriage promotion activities; 
and 
‘‘(ii) $75,000,000 for awarding funds for the pur-
pose of carrying out activities promoting responsible 
fatherhood. 
If the Secretary makes an award under subparagraph (B)(i) 
for fiscal year 2011, the funds for such award shall be 
taken in equal portion from the amounts appropriated 
under clauses (i) and (ii).’’; and 
(4) by adding at the end the following: 
‘‘(E) PREFERENCE.—In awarding funds under this para-
graph for fiscal year 2011, the Secretary shall give pref-
erence to entities that were awarded funds under this 
paragraph for any prior fiscal year and that have dem-
onstrated the ability to successfully carry out the programs 
funded under this paragraph.’’. 
(c) CONTINGENCY FUND.—Section 403(b)(2) of the Social Secu-
rity Act (42 U.S.C. 603(b)(2)), as amended by section 131(b)(2)(A) 
of the Continuing Appropriations Act, 2011, is amended— 
(1) by striking ‘‘$506,000,000’’ and inserting ‘‘such sums 
as are necessary for amounts obligated on or after October 
1, 2010, and before the date of enactment of the Claims Resolu-
tion Act of 2010,’’; and 
(2) by striking ‘‘, reduced’’ and all that follows up to the 
period. 
(d) CONFORMING AMENDMENTS.—Section 403(a)(3) of the Social 
Security Act (42 U.S.C. 603(a)(3)), as amended by section 131(b)(1) 
of the Continuing Appropriations Act, 2011, is amended—
H. R. 4783—97 
(1) in subparagraph (F)— 
(A) by inserting ‘‘(or portion of a fiscal year)’’ after 
‘‘a fiscal year’’; and 
(B) by inserting ‘‘(or portion of the fiscal year)’’ after 
‘‘the fiscal year’’ each place it appears; and 
(2) by striking clause (ii) of subparagraph (H) and inserting 
the following: 
‘‘(ii) subparagraph (G) shall be applied as if ‘fiscal 
year 2011’ were substituted for ‘fiscal year 2001’;’’. 
SEC. 812. MODIFICATIONS TO TANF DATA REPORTING. 
(a) IN GENERAL.—Section 411 of the Social Security Act (42 
U.S.C. 611) is amended by adding at the end the following new 
subsection: 
‘‘(c) 
PRE-REAUTHORIZATION
STATE-BY-STATE
REPORTS
ON 
ENGAGEMENT IN ADDITIONAL WORK ACTIVITIES AND EXPENDITURES 
FOR OTHER BENEFITS AND SERVICES.— 
‘‘(1) STATE REPORTING REQUIREMENTS.— 
‘‘(A) 
REPORTING
PERIODS
AND
DEADLINES.—Each 
eligible State shall submit to the Secretary the following 
reports: 
‘‘(i) MARCH 2011 REPORT.—Not later than May 31, 
2011, a report for the period that begins on March 
1, 2011, and ends on March 31, 2011, that contains 
the information specified in subparagraphs (B) and 
(C). 
‘‘(ii) APRIL-JUNE, 2011
REPORT.—Not later than 
August 31, 2011, a report for the period that begins 
on April 1, 2011, and ends on June 30, 2011, that 
contains with respect to the 3 months that occur during 
that period— 
‘‘(I) the average monthly numbers for the 
information specified in subparagraph (B); and 
‘‘(II) the information specified in subparagraph 
(C). 
‘‘(B) ENGAGEMENT IN ADDITIONAL WORK ACTIVITIES.— 
‘‘(i) With respect to each work-eligible individual 
in a family receiving assistance during a reporting 
period specified in subparagraph (A), whether the indi-
vidual engages in any activities directed toward 
attaining self-sufficiency during a month occurring in 
a reporting period, and if so, the specific activities— 
‘‘(I) that do not qualify as a work activity 
under section 407(d) but that are otherwise reason-
ably calculated to help the family move toward 
self-sufficiency; or 
‘‘(II) that are of a type that would be counted 
toward the State participation rates under section 
407 but for the fact that— 
‘‘(aa) the work-eligible individual did not 
engage in sufficient hours of the activity; 
‘‘(bb) the work-eligible individual has 
reached the maximum time limit allowed for 
having participation in the activity counted 
toward the State’s work participation rate; or
H. R. 4783—98 
‘‘(cc) the number of work-eligible individ-
uals engaged in such activity exceeds a limita-
tion under such section. 
‘‘(ii) Any other information that the Secretary 
determines appropriate with respect to the information 
required under clause (i), including if the individual 
has no hours of participation, the principal reason 
or reasons for such non-participation. 
‘‘(C) EXPENDITURES
ON
OTHER
BENEFITS
AND
SERV-
ICES.— 
‘‘(i) Detailed, disaggregated information regarding 
the types of, and amounts of, expenditures made by 
the State during a reporting period specified in 
subparagraph (A) using— 
‘‘(I) Federal funds provided under section 403 
that are (or will be) reported by the State on 
Form ACF–196 (or any successor form) under the 
category of other expenditures or the category of 
benefits or services provided in accordance with 
the authority provided under section 404(a)(2); or 
‘‘(II) State funds expended to meet the require-
ments of section 409(a)(7) and reported by the 
State in the category of other expenditures on 
Form ACF–196 (or any successor form). 
‘‘(ii) Any other information that the Secretary 
determines appropriate with respect to the information 
required under clause (i). 
‘‘(2) PUBLICATION OF SUMMARY AND ANALYSIS OF ENGAGE-
MENT IN ADDITIONAL ACTIVITIES.—Concurrent with the submis-
sion of each report required under paragraph (1)(A), an eligible 
State shall publish on an Internet website maintained by the 
State agency responsible for administering the State program 
funded under this part (or such State-maintained website as 
the Secretary may approve)— 
‘‘(A) a summary of the information submitted in the 
report: 
‘‘(B) an analysis statement regarding the extent to 
which the information changes measures of total engage-
ment in work activities from what was (or will be) reported 
by the State in the quarterly report submitted under sub-
section (a) for the comparable period; and 
‘‘(C) a narrative describing the most common activities 
contained in the report that are not countable toward the 
State participation rates under section 407. 
‘‘(3) APPLICATION
OF
AUTHORITY
TO
USE
SAMPLING.— 
Subparagraph (B) of subsection (a)(1) shall apply to the reports 
required under paragraph (1) of this subsection in the same 
manner as subparagraph (B) of subsection (a)(1) applies to 
reports required under subparagraph (A) of subsection (a)(1). 
‘‘(4) SECRETARIAL REPORTS TO CONGRESS.— 
‘‘(A) MARCH
2011
REPORT.—Not later than June 30, 
2011, the Secretary shall submit to Congress a report on 
the information submitted by eligible States for the March 
2011 reporting period under paragraph (1)(A)(i). The report 
shall include a State-by-State summary and analysis of 
such information, identification of any States with missing 
or incomplete reports, and recommendations for such
H. R. 4783—99 
administrative or legislative changes as the Secretary 
determines are necessary to require eligible States to report 
the information on a recurring basis. 
‘‘(B) APRIL-JUNE, 2011
REPORT.—Not later than Sep-
tember 30, 2011, the Secretary shall submit to Congress 
a report on the information submitted by eligible States 
for the April-June 2011 reporting period under paragraph 
(1)(A)(ii). The report shall include a State-by-State sum-
mary and analysis of such information, identification of 
any States with missing or incomplete reports, and rec-
ommendations for such administrative or legislative 
changes as the Secretary determines are necessary to 
require eligible States to report the information on a recur-
ring basis 
‘‘(5) AUTHORITY FOR EXPEDITIOUS IMPLEMENTATION.—The 
requirements of chapter 5 of title 5, United States Code (com-
monly referred to as the ‘Administrative Procedure Act’) or 
any other law relating to rulemaking or publication in the 
Federal Register shall not apply to the issuance of guidance 
or instructions by the Secretary with respect to the implementa-
tion of this subsection to the extent the Secretary determines 
that compliance with any such requirement would impede the 
expeditious implementation of this subsection.’’. 
(b) APPLICATION OF PENALTY FOR FAILURE TO FILE REPORT.— 
(1) IN GENERAL.—Section 409(a)(2) of such Act (42 U.S.C. 
609(a)(2)) is amended— 
(A) by redesignating subparagraphs (A) and (B) as 
clauses (i) and (ii), respectively, 
(B) by inserting before clause (i) (as redesignated by 
paragraph (1)), the following: 
‘‘(A) QUARTERLY REPORTS.—’’; 
(C) in clause (ii) of subparagraph (A) (as redesignated 
by paragraphs (1) and (2)), by striking ‘‘subparagraph (A)’’ 
and inserting ‘‘clause (i)’’; and 
(D) by adding at the end the following: 
‘‘(B) REPORT
ON
ENGAGEMENT
IN
ADDITIONAL
WORK 
ACTIVITIES AND EXPENDITURES FOR OTHER BENEFITS AND 
SERVICES.— 
‘‘(i) IN GENERAL.—If the Secretary determines that 
a State has not submitted the report required by sec-
tion 411(c)(1)(A)(i) by May 31, 2011, or the report 
required by section 411(c)(1)(A)(ii) by August 31, 2011, 
the Secretary shall reduce the grant payable to the 
State under section 403(a)(1) for the immediately suc-
ceeding fiscal year by an amount equal to not more 
than 4 percent of the State family assistance grant. 
‘‘(ii) RESCISSION OF PENALTY.—The Secretary shall 
rescind a penalty imposed on a State under clause 
(i) with respect to a report required by section 
411(c)(1)(A) if the State submits the report not later 
than— 
‘‘(I) in the case of the report required under 
section 411(c)(1)(A)(i), June 15, 2011; and 
‘‘(II) in the case of the report required under 
section 411(c)(1)(A)(ii), September 15, 2011. 
‘‘(iii) PENALTY BASED ON SEVERITY OF FAILURE.— 
The Secretary shall impose a reduction under clause
H. R. 4783—100 
(i) with respect to a fiscal year based on the degree 
of noncompliance.’’. 
(2) APPLICATION OF REASONABLE CAUSE EXCEPTION.—Sec-
tion 409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended 
by inserting before the period the following: ‘‘and, with respect 
to the penalty under paragraph (2)(B) of subsection (a), shall 
only apply to the extent the Secretary determines that the 
reasonable cause for failure to comply with a requirement of 
that paragraph is as a result of a one-time, unexpected event, 
such as a widespread data system failure or a natural or 
man-made disaster’’. 
(3) NONAPPLICATION
OF
CORRECTIVE
COMPLIANCE
PLAN 
PROVISIONS.—Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) 
is amended by inserting ‘‘(2)(B),’’ after ‘‘paragraph’’. 
Subtitle C—Customs User Fees; Continued 
Dumping and Subsidy Offset 
SEC. 821. CUSTOMS USER FEES. 
Section 13031(j)(3) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘December 10, 2018’’ 
and inserting ‘‘September 30, 2019’’; and 
(2) in subparagraph (B)(i), by striking ‘‘November 30, 2018’’ 
and inserting ‘‘September 30, 2019’’. 
SEC. 822. LIMITATION ON DISTRIBUTIONS RELATING TO REPEAL OF 
CONTINUED DUMPING AND SUBSIDY OFFSET. 
Notwithstanding section 1701(b) of the Deficit Reduction Act 
of 2005 (Public Law 109–171; 120 Stat. 154 (19 U.S.C. 1675c note)) 
or any other provision of law, no payments shall be distributed 
under section 754 of the Tariff Act of 1930, as in effect on the 
day before the date of the enactment of such section 1701, with 
respect to the entries of any goods that are, on the date of the 
enactment of this Act— 
(1) unliquidated; and 
(2)(A) not in litigation; or 
(B) not under an order of liquidation from the Department 
of Commerce. 
Subtitle D—Emergency Fund for Indian 
Safety and Health 
SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY AND HEALTH. 
Section 601 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) is amended— 
(1) in subsection (b)(1), by striking ‘‘$2,000,000,000’’ and 
inserting ‘‘$1,602,619,000’’; and 
(2) in subsection (f)(2)(B), by striking ‘‘50 percent’’ and 
inserting ‘‘not more than $602,619,000’’.
H. R. 4783—101 
Subtitle E—Rescission of Funds From WIC 
Program 
SEC. 841. RESCISSION OF FUNDS FROM WIC PROGRAM. 
Notwithstanding any other provision of law, of the amounts 
made available in appropriations Acts to provide grants to States 
under the special supplemental nutrition program for women, 
infants, and children established by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $562,000,000 is rescinded. 
Subtitle F—Budgetary Effects 
SEC. 851. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.