Claims Resolution Act of 2010
PL 111-291 (H.R.4783), enacted 12/08/2010

124 STAT. 3064 
PUBLIC LAW 111–291—DEC. 8, 2010 
Public Law 111–291 
111th Congress 
An Act 
This Act may be cited as ‘‘The Claims Resettlement Act of 2010.’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Claims Resolu-
tion Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT 
Sec. 101. Individual Indian Money Account Litigation Settlement. 
TITLE II—FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS 
DISCRIMINATION LITIGATION 
Sec. 201. Appropriation of funds for final settlement of claims from In re Black 
Farmers Discrimination Litigation. 
TITLE III—WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS 
QUANTIFICATION 
Sec. 301. Short title. 
Sec. 302. Purposes. 
Sec. 303. Definitions. 
Sec. 304. Approval of Agreement. 
Sec. 305. Water rights. 
Sec. 306. Contract. 
Sec. 307. Authorization of WMAT rural water system. 
Sec. 308. Satisfaction of claims. 
Sec. 309. Waivers and releases of claims. 
Sec. 310. White Mountain Apache Tribe Water Rights Settlement Subaccount. 
Sec. 311. Miscellaneous provisions. 
Sec. 312. Funding. 
Sec. 313. Antideficiency. 
Sec. 314. Compliance with environmental laws. 
TITLE IV—CROW TRIBE WATER RIGHTS SETTLEMENT 
Sec. 401. Short title. 
Sec. 402. Purposes. 
Sec. 403. Definitions. 
Sec. 404. Ratification of Compact. 
Sec. 405. Rehabilitation and improvement of Crow Irrigation Project. 
Sec. 406. Design and construction of MR&I System. 
Sec. 407. Tribal water rights. 
Sec. 408. Storage allocation from Bighorn Lake. 
Sec. 409. Satisfaction of claims. 
Sec. 410. Waivers and releases of claims. 
Sec. 411. Crow Settlement Fund. 
Sec. 412. Yellowtail Dam, Montana. 
Sec. 413. Miscellaneous provisions. 
42 USC 1305 
note. 
Claims 
Resolution Act 
of 2010. 
Dec. 8, 2010 
[H.R. 4783] 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00807
Fmt 6580
Sfmt 6582
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3065 
PUBLIC LAW 111–291—DEC. 8, 2010 
Sec. 414. Funding. 
Sec. 415. Repeal on failure to meet enforceability date. 
Sec. 416. Antideficiency. 
TITLE V—TAOS PUEBLO INDIAN WATER RIGHTS 
Sec. 501. Short title. 
Sec. 502. Purposes. 
Sec. 503. Definitions. 
Sec. 504. Pueblo rights. 
Sec. 505. Taos Pueblo Water Development Fund. 
Sec. 506. Marketing. 
Sec. 507. Mutual-Benefit Projects. 
Sec. 508. San Juan-Chama Project contracts. 
Sec. 509. Authorizations, ratifications, confirmations, and conditions precedent. 
Sec. 510. Waivers and releases of claims. 
Sec. 511. Interpretation and enforcement. 
Sec. 512. Disclaimer. 
Sec. 513. Antideficiency. 
TITLE VI—AAMODT LITIGATION SETTLEMENT 
Sec. 601. Short title. 
Sec. 602. Definitions. 
Subtitle A—Pojoaque Basin Regional Water System 
Sec. 611. Authorization of Regional Water System. 
Sec. 612. Operating Agreement. 
Sec. 613. Acquisition of Pueblo water supply for Regional Water System. 
Sec. 614. Delivery and allocation of Regional Water System capacity and water. 
Sec. 615. Aamodt Settlement Pueblos’ Fund. 
Sec. 616. Environmental compliance. 
Sec. 617. Funding. 
Subtitle B—Pojoaque Basin Indian Water Rights Settlement 
Sec. 621. Settlement Agreement and contract approval. 
Sec. 622. Environmental compliance. 
Sec. 623. Conditions precedent and enforcement date. 
Sec. 624. Waivers and releases of claims. 
Sec. 625. Effect. 
Sec. 626. Antideficiency. 
TITLE VII—RECLAMATION WATER SETTLEMENTS FUND 
Sec. 701. Mandatory appropriation. 
TITLE VIII—GENERAL PROVISIONS 
Subtitle A—Unemployment Compensation Program Integrity 
Sec. 801. Collection of past-due, legally enforceable State debts. 
Sec. 802. Reporting of first day of earnings to directory of new hires. 
Subtitle B—TANF 
Sec. 811. Extension of the Temporary Assistance for Needy Families program. 
Sec. 812. Modifications to TANF data reporting. 
Subtitle C—Customs User Fees; Continued Dumping and Subsidy Offset 
Sec. 821. Customs user fees. 
Sec. 822. Limitation on distributions relating to repeal of continued dumping and 
subsidy offset. 
Subtitle D—Emergency Fund for Indian Safety and Health 
Sec. 831. Emergency Fund for Indian Safety and Health. 
Subtitle E—Rescission of Funds From WIC Program 
Sec. 841. Rescission of funds from WIC program. 
Subtitle F—Budgetary Effects 
Sec. 851. Budgetary effects. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00808
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3066 
PUBLIC LAW 111–291—DEC. 8, 2010 
TITLE I—INDIVIDUAL INDIAN MONEY 
ACCOUNT LITIGATION SETTLEMENT 
SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLE-
MENT. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT
ON
ATTORNEYS’ FEES, EXPENSES, AND 
COSTS.—The term ‘‘Agreement on Attorneys’ Fees, Expenses, 
and Costs’’ means the agreement dated December 7, 2009, 
between Class Counsel (as defined in the Settlement) and the 
Defendants (as defined in the Settlement) relating to attorneys’ 
fees, expenses, and costs incurred by Class Counsel in connec-
tion with the Litigation and implementation of the Settlement, 
as modified by the parties to the Litigation. 
(2) AMENDED COMPLAINT.—The term ‘‘Amended Complaint’’ 
means the Amended Complaint attached to the Settlement. 
(3) FINAL APPROVAL.—The term ‘‘final approval’’ has the 
meaning given the term in the Settlement. 
(4) LAND
CONSOLIDATION
PROGRAM.—The term ‘‘Land 
Consolidation Program’’ means a program conducted in accord-
ance with the Settlement, the Indian Land Consolidation Act 
(25 U.S.C. 2201 et seq.), and subsection (e)(2) under which 
the Secretary may purchase fractional interests in trust or 
restricted land. 
(5) LITIGATION.—The term ‘‘Litigation’’ means the case enti-
tled Elouise Cobell et al. v. Ken Salazar et al., United States 
District Court, District of Columbia, Civil Action No. 96–1285 
(TFH). 
(6) PLAINTIFF.—The term ‘‘Plaintiff’’ means a member of 
any class certified in the Litigation. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(8) SETTLEMENT.—The term ‘‘Settlement’’ means the Class 
Action Settlement Agreement dated December 7, 2009, in the 
Litigation, as modified by the parties to the Litigation. 
(9) TRUST ADMINISTRATION ADJUSTMENT FUND.—The term 
‘‘Trust 
Administration 
Adjustment 
Fund’’ 
means 
the 
$100,000,000 deposited in the Settlement Account (as defined 
in the Settlement) pursuant to subsection (j)(1) for use in 
making the adjustments authorized by that subsection. 
(10) TRUST
ADMINISTRATION
CLASS.—The term ‘‘Trust 
Administration Class’’ means the Trust Administration Class 
as defined in the Settlement. 
(b) PURPOSE.—The purpose of this section is to authorize the 
Settlement. 
(c) AUTHORIZATION.— 
(1) IN GENERAL.—The Settlement is authorized, ratified, 
and confirmed. 
(2) AMENDMENTS.—Any amendment to the Settlement is 
authorized, ratified, and confirmed, to the extent that such 
amendment is executed to make the Settlement consistent with 
this section. 
(d) JURISDICTIONAL PROVISIONS.— 
(1) IN GENERAL.—Notwithstanding the limitation on the 
jurisdiction of the district courts of the United States in section 
1346(a)(2) of title 28, United States Code, the United States 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00809
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3067 
PUBLIC LAW 111–291—DEC. 8, 2010 
District Court for the District of Columbia shall have jurisdic-
tion of the claims asserted in the Amended Complaint for 
purposes of the Settlement. 
(2) CERTIFICATION OF TRUST ADMINISTRATION CLASS.— 
(A) IN GENERAL.—Notwithstanding the requirements 
of the Federal Rules of Civil Procedure, the court in the 
Litigation may certify the Trust Administration Class. 
(B) TREATMENT.—On certification under subparagraph 
(A), the Trust Administration Class shall be treated as 
a class certified under rule 23(b)(3) of the Federal Rules 
of Civil Procedure for purposes of the Settlement. 
(e) TRUST LAND CONSOLIDATION.— 
(1) TRUST LAND CONSOLIDATION FUND.— 
(A) ESTABLISHMENT.—On final approval of the Settle-
ment, there shall be established in the Treasury of the 
United States a fund, to be known as the ‘‘Trust Land 
Consolidation Fund’’. 
(B) AVAILABILITY OF AMOUNTS.—Amounts in the Trust 
Land Consolidation Fund shall be made available to the 
Secretary during the 10-year period beginning on the date 
of final approval of the Settlement— 
(i) to conduct the Land Consolidation Program; 
and 
(ii) for other costs specified in the Settlement. 
(C) DEPOSITS.— 
(i) IN GENERAL.—On final approval of the Settle-
ment, the Secretary of the Treasury shall deposit in 
the Trust Land Consolidation Fund $1,900,000,000 out 
of the amounts appropriated to pay final judgments, 
awards, and compromise settlements under section 
1304 of title 31, United States Code. 
(ii) CONDITIONS MET.—The conditions described in 
section 1304 of title 31, United States Code, shall 
be deemed to be met for purposes of clause (i). 
(D) TRANSFERS.—In a manner designed to encourage 
participation in the Land Consolidation Program, the Sec-
retary may transfer, at the discretion of the Secretary, 
not more than $60,000,000 of amounts in the Trust Land 
Consolidation Fund to the Indian Education Scholarship 
Holding Fund established under paragraph (3). 
(2) OPERATION.—The Secretary shall consult with Indian 
tribes to identify fractional interests within the respective juris-
dictions of the Indian tribes for purchase in a manner that 
is consistent with the priorities of the Secretary. 
(3) INDIAN EDUCATION SCHOLARSHIP HOLDING FUND.— 
(A) ESTABLISHMENT.—On final approval of the Settle-
ment, there shall be established in the Treasury of the 
United States a fund, to be known as the ‘‘Indian Education 
Scholarship Holding Fund’’. 
(B) AVAILABILITY.—Notwithstanding any other provi-
sion of law governing competition, public notification, or 
Federal procurement or assistance, amounts in the Indian 
Education Scholarship Holding Fund shall be made avail-
able, without further appropriation, to the Secretary to 
contribute to an Indian Education Scholarship Fund, as 
described in the Settlement, to provide scholarships for 
Native Americans. 
Consultation. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00810
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3068 
PUBLIC LAW 111–291—DEC. 8, 2010 
(4) ACQUISITION OF TRUST OR RESTRICTED LAND.—The Sec-
retary may acquire, at the discretion of the Secretary and 
in accordance with the Land Consolidation Program, any frac-
tional interest in trust or restricted land. 
(5) TREATMENT OF UNLOCATABLE PLAINTIFFS.—A Plaintiff, 
the whereabouts of whom are unknown and who, after reason-
able efforts by the Secretary, cannot be located during the 
5-year period beginning on the date of final approval of the 
Settlement, shall be considered to have accepted an offer made 
pursuant to the Land Consolidation Program. 
(f) TAXATION AND OTHER BENEFITS.— 
(1) INTERNAL REVENUE CODE.—For purposes of the Internal 
Revenue Code of 1986, amounts received by an individual 
Indian as a lump sum or a periodic payment pursuant to 
the Settlement shall not be— 
(A) included in gross income; or 
(B) taken into consideration for purposes of applying 
any provision of the Internal Revenue Code that takes 
into account excludable income in computing adjusted gross 
income or modified adjusted gross income, including section 
86 of that Code (relating to Social Security and tier 1 
railroad retirement benefits). 
(2) OTHER BENEFITS.—Notwithstanding any other provision 
of law, for purposes of determining initial eligibility, ongoing 
eligibility, or level of benefits under any Federal or federally 
assisted program, amounts received by an individual Indian 
as a lump sum or a periodic payment pursuant to the Settle-
ment shall not be treated for any household member, during 
the 1-year period beginning on the date of receipt— 
(A) as income for the month during which the amounts 
were received; or 
(B) as a resource. 
(g) INCENTIVE AWARDS
AND AWARD
OF ATTORNEYS’ FEES, 
EXPENSES, AND COSTS UNDER SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—Subject to paragraph (3), the court in 
the Litigation shall determine the amount to which the Plain-
tiffs in the Litigation may be entitled for incentive awards 
and for attorneys’ fees, expenses, and costs— 
(A) in accordance with controlling law, including, with 
respect to attorneys’ fees, expenses, and costs, any 
applicable rule of law requiring counsel to produce contem-
poraneous time, expense, and cost records in support of 
a motion for such fees, expenses, and costs; and 
(B) giving due consideration to the special status of 
Class Members (as defined in the Settlement) as bene-
ficiaries of a federally created and administered trust. 
(2) NOTICE OF AGREEMENT ON ATTORNEYS’ FEES, EXPENSES, 
AND COSTS.—The description of the request of Class Counsel 
for an amount of attorneys’ fees, expenses, and costs required 
under paragraph C.1.d. of the Settlement shall include a 
description of all material provisions of the Agreement on Attor-
neys’ Fees, Expenses, and Costs. 
(3) EFFECT
ON
AGREEMENT.—Nothing in this subsection 
limits or otherwise affects the enforceability of the Agreement 
on Attorneys’ Fees, Expenses, and Costs. 
(h) SELECTION OF QUALIFYING BANK.—The United States Dis-
trict Court for the District of Columbia, in exercising the discretion 
Determination. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00811
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3069 
PUBLIC LAW 111–291—DEC. 8, 2010 
of the Court to approve the selection of any proposed Qualifying 
Bank (as defined in the Settlement) under paragraph A.1. of the 
Settlement, may consider any factors or circumstances regarding 
the proposed Qualifying Bank that the Court determines to be 
appropriate to protect the rights and interests of Class Members 
(as defined in the Settlement) in the amounts to be deposited 
in the Settlement Account (as defined in the Settlement). 
(i) APPOINTEES TO SPECIAL BOARD OF TRUSTEES.—The 2 mem-
bers of the special board of trustees to be selected by the Secretary 
under paragraph G.3. of the Settlement shall be selected only 
after consultation with, and after considering the names of possible 
candidates timely offered by, federally recognized Indian tribes. 
(j) TRUST ADMINISTRATION CLASS ADJUSTMENTS.— 
(1) FUNDS.— 
(A) IN GENERAL.—In addition to the amounts deposited 
pursuant to paragraph E.2. of the Settlement, on final 
approval, the Secretary of the Treasury shall deposit in 
the Trust Administration Adjustment Fund of the Settle-
ment Account (as defined in the Settlement) $100,000,000 
out of the amounts appropriated to pay final judgments, 
awards, and compromise settlements under section 1304 
of title 31, United States Code, to be allocated and paid 
by the Claims Administrator (as defined in the Settlement 
and pursuant to paragraph E.1.e of the Settlement) in 
accordance with this subsection. 
(B) CONDITIONS MET.—The conditions described in sec-
tion 1304 of title 31, United States Code, shall be deemed 
to be met for purposes of subparagraph (A). 
(2) ADJUSTMENT.— 
(A) IN GENERAL.—After the calculation of the pro rata 
share in Section E.4.b of the Settlement, the Trust Adminis-
tration Adjustment Fund shall be used to increase the 
minimum payment to each Trust Administration Class 
Member whose pro rata share is— 
(i) zero; or 
(ii) greater than zero, but who would, after adjust-
ment under this subparagraph, otherwise receive a 
smaller Stage 2 payment than those Trust Administra-
tion Class Members described in clause (i). 
(B) RESULT.—The amounts in the Trust Administration 
Adjustment Fund shall be applied in such a manner as 
to ensure, to the extent practicable (as determined by the 
court in the Litigation), that each Trust Administration 
Class Member receiving amounts from the Trust Adminis-
tration Adjustment Fund receives the same total payment 
under Stage 2 of the Settlement after making the adjust-
ments required by this subsection. 
(3) TIMING OF PAYMENTS.—The payments authorized by 
this subsection shall be included with the Stage 2 payments 
under paragraph E.4. of the Settlement. 
(k) EFFECT OF ADJUSTMENT PROVISIONS.—Notwithstanding any 
provision of this section, in the event that a court determines 
that the application of subsection (j) is unfair to the Trust Adminis-
tration Class— 
(1) subsection (j) shall not go into effect; and 
(2) on final approval of the Settlement, in addition to 
the amounts deposited into the Trust Land Consolidation Fund 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00812
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3070 
PUBLIC LAW 111–291—DEC. 8, 2010 
pursuant to subsection (e), the Secretary of the Treasury shall 
deposit in that Fund $100,000,000 out of amounts appropriated 
to pay final judgments, awards, and compromise settlements 
under section 1304 of title 31, United States Code (the condi-
tions of which section shall be deemed to be met for purposes 
of this paragraph) to be used by the Secretary in accordance 
with subsection (e). 
TITLE 
II—FINAL 
SETTLEMENT 
OF 
CLAIMS FROM IN RE BLACK FARMERS 
DISCRIMINATION LITIGATION 
SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF 
CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION 
LITIGATION. 
(a) DEFINITIONS.—In this section: 
(1) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agree-
ment’’ means the settlement agreement dated February 18, 
2010 (including any modifications agreed to by the parties 
and approved by the court under that agreement) between 
certain plaintiffs, by and through their counsel, and the Sec-
retary of Agriculture to resolve, fully and forever, the claims 
raised or that could have been raised in the cases consolidated 
in In re Black Farmers Discrimination Litigation, Misc. No. 
08–mc–0511 (PLF), including Pigford claims asserted under 
section 14012 of the Food, Conservation, and Energy Act of 
2008 (Public Law 110–246; 122 Stat. 2209). 
(2) PIGFORD
CLAIM.—The term ‘‘Pigford claim’’ has the 
meaning given that term in section 14012(a)(3) of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110–246; 
122 Stat. 2210). 
(b) APPROPRIATION OF FUNDS.—There is appropriated to the 
Secretary of Agriculture $1,150,000,000, to remain available until 
expended, to carry out the terms of the Settlement Agreement 
if the Settlement Agreement is approved by a court order that 
is or becomes final and nonappealable, and the court finds that 
the Settlement Agreement is modified to incorporate the additional 
terms contained in subsection (g). The funds appropriated by this 
subsection are in addition to the $100,000,000 of funds of the 
Commodity Credit Corporation made available by section 14012(i) 
of the Food, Conservation, and Energy Act of 2008 (Public Law 
110–246; 122 Stat. 2212) and shall be available for obligation only 
after those Commodity Credit Corporation funds are fully obligated. 
If the Settlement Agreement is not approved as provided in this 
subsection, the $100,000,000 of funds of the Commodity Credit 
Corporation made available by section 14012(i) of the Food, Con-
servation, and Energy Act of 2008 shall be the sole funding available 
for Pigford claims. 
(c) USE
OF FUNDS.—The use of the funds appropriated by 
subsection (b) shall be subject to the express terms of the Settlement 
Agreement. 
(d) TREATMENT OF REMAINING FUNDS.—If any of the funds 
appropriated by subsection (b) are not obligated and expended to 
carry out the Settlement Agreement, the Secretary of Agriculture 
shall return the unused funds to the Treasury and may not make 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00813
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3071 
PUBLIC LAW 111–291—DEC. 8, 2010 
the unused funds available for any purpose related to section 14012 
of the Food, Conservation, and Energy Act of 2008, for any other 
settlement agreement executed in In re Black Farmers Discrimina-
tion Litigation, No. 08–511 (D.D.C.), or for any other purpose. 
(e) RULES OF CONSTRUCTION.—Nothing in this section shall 
be construed as requiring the United States, any of its officers 
or agencies, or any other party to enter into the Settlement Agree-
ment or any other settlement agreement. Nothing in this section 
shall be construed as creating the basis for a Pigford claim. 
(f) CONFORMING AMENDMENTS.—Section 14012 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110–246; 122 
Stat. 2209) is amended— 
(1) in subsection (c)(1)— 
(A) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-
section (g)’’; and 
(B) by striking ‘‘subsection (i)’’ and inserting ‘‘sub-
section (h)’’; 
(2) by striking subsection (e); 
(3) in subsection (g), by striking ‘‘subsection (f)’’ and 
inserting ‘‘subsection (e)’’; 
(4) in subsection (i)— 
(A) by striking ‘‘(1) IN GENERAL.—Of the funds’’ and 
inserting ‘‘Of the funds’’; 
(B) by striking paragraph (2); and 
(C) by striking ‘‘subsection (g)’’ and inserting ‘‘sub-
section (f)’’; 
(5) by striking subsection (j); and 
(6) by redesignating subsections (f), (g), (h), (i), and (k) 
as subsections (e), (f), (g), (h), and (i), respectively. 
(g) ADDITIONAL SETTLEMENT TERMS.—For the purposes of this 
section and funding for the Settlement Agreement, the following 
are additional terms: 
(1) DEFINITIONS.—In this subsection: 
(A) SETTLEMENT AGREEMENT.—The term ‘‘Settlement 
Agreement’’ means the settlement, including any modifica-
tions agreed to by the parties and approved by the court, 
between the Secretary of Agriculture and certain plaintiffs, 
by and through their counsel in litigation titled Black 
Farmers Discrimination Litigation, Misc. No. 08–mc–0511 
(PLF). 
(B) NEUTRAL ADJUDICATOR.— 
(i) IN GENERAL.—The term ‘‘Neutral Adjudicator’’ 
means a Track A Neutral or a Track B Neutral as 
those terms are defined in the Settlement Agreement, 
who have been hired by Lead Class Counsel as that 
term is defined in the Settlement Agreement. 
(ii) REQUIREMENT.—The Track A and B Neutrals 
called for in the Settlement Agreement shall be 
approved by the Secretary of the United States Depart-
ment of Agriculture, the Attorney General, and the 
court. 
(2) OATH.—Every Neutral Adjudicator shall take an oath 
administered by the court prior to hearing claims. 
(3) ADDITIONAL DOCUMENTATION OR EVIDENCE.—Any Neu-
tral Adjudicator may, during the course of hearing claims, 
require claimants to provide additional documentation and evi-
dence if, in the Neutral Adjudicator’s judgment, the additional 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00814
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3072 
PUBLIC LAW 111–291—DEC. 8, 2010 
documentation and evidence would be necessary or helpful in 
deciding the merits of the claim, or if the adjudicator suspects 
fraud regarding the claim. 
(4) ATTORNEYS FEES, EXPENSES, AND COSTS.— 
(A) IN GENERAL.—Subject to subparagraph (B) and the 
provisions of the Settlement Agreement regarding attor-
neys’ fee caps and maximum and minimum percentages 
for awards of attorneys fees, the court shall make any 
determination as to the amount of attorneys’ fees, expenses, 
and costs in accordance with controlling law, including, 
with respect to attorneys’ fees, expenses, and costs, any 
applicable rule of law requiring counsel to produce contem-
poraneous time, expenses, and cost records in support of 
a motion for such fees, expenses, and costs. 
(B) EFFECT
ON
AGREEMENT.—Nothing in this para-
graph limits or otherwise affects the enforceability of provi-
sions regarding attorneys’ fees, expenses, and costs that 
may be contained in the Settlement Agreement. 
(5) CERTIFICATION.—An attorney filing a claim on behalf 
of a claimant shall swear, under penalty of perjury, that: ‘‘to 
the best of the attorney’s knowledge, information, and belief 
formed after an inquiry reasonable under the circumstances, 
the claim is supported by existing law and the factual conten-
tions have evidentiary support’’. 
(6) DISTRIBUTION OF CLAIMS DETERMINATIONS AND SETTLE-
MENT
FUNDS.—In order to ensure full transparency of the 
administration of claims under the Settlement Agreement, the 
Claims Administrator as that term is defined in the Settlement 
Agreement, shall provide to the Secretary of Agriculture, the 
Inspector General of the Department of Agriculture, the 
Attorney General, and Lead Class Counsel as that term is 
defined in the Settlement Agreement, all information regarding 
Distribution of Claims Determinations and Settlement Funds 
described in the Settlement Agreement. 
(h) REPORTS.— 
(1) GOVERNMENT ACCOUNTABILITY OFFICE.— 
(A) IN
GENERAL.—The Comptroller General of the 
United 
States 
shall 
evaluate 
the 
internal 
controls 
(including internal controls concerning fraud and abuse) 
created to carry out the terms of the Settlement Agreement, 
and report to the Congress at least 2 times throughout 
the duration of the claims adjudication process on the 
results of this evaluation. 
(B) ACCESS TO INFORMATION.—Solely for purposes of 
conducting the evaluation under subparagraph (A), the 
Comptroller General shall have access, upon request, to 
the claims administrator, the claims adjudicators, and 
related officials, appointed in connection with the aforemen-
tioned settlement, and to any information and records gen-
erated, used, or received by them, including names and 
addresses. 
(2) USDA INSPECTOR GENERAL.— 
(A) PERFORMANCE AUDIT.—The Inspector General of 
the Department of Agriculture shall, within 180 days of 
the initial adjudication of claims, and subsequently as 
appropriate, perform a performance audit based on a statis-
tical sampling of adjudicated claims. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00815
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3073 
PUBLIC LAW 111–291—DEC. 8, 2010 
(B) AUDIT RECIPIENTS.—The audits described in clause 
(i) shall be provided to Secretary of Agriculture and the 
Attorney General. 
TITLE III—WHITE MOUNTAIN APACHE 
TRIBE WATER RIGHTS QUANTIFICA-
TION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘White Mountain Apache Tribe 
Water Rights Quantification Act of 2010’’. 
SEC. 302. PURPOSES. 
The purposes of this title are— 
(1) to authorize, ratify, and confirm the Agreement; 
(2) to authorize and direct the Secretary to execute the 
Agreement and take any other action necessary to carry out 
all obligations of the Secretary under the Agreement in accord-
ance with this title; 
(3) to authorize the amounts necessary for the United 
States to meet the obligations of the United States under the 
Agreement and this title; and 
(4) to permanently resolve certain damage claims and all 
water rights claims among— 
(A) the Tribe and its members; 
(B) the United States, acting as trustee for the Tribe 
and its members; 
(C) the parties to the Agreement; and 
(D) all other claimants seeking to determine the nature 
and extent of the water rights of the Tribe, its members, 
the United States, acting as trustee for the Tribe and 
its members, and other claimants in— 
(i) the consolidated civil action in the Superior 
Court of the State of Arizona for the County of Mari-
copa styled In re the General Adjudication of All Rights 
To Use Water In The Gila River System and Source, 
W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San 
Pedro); and 
(ii) the civil action pending in the Superior Court 
of the State of Arizona for the County of Apache styled 
In re the General Adjudication of All Rights to Use 
Water in the Little Colorado River System and Source 
and numbered CIV–6417. 
SEC. 303. DEFINITIONS. 
In this title: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means— 
(A) the WMAT Water Rights Quantification Agreement 
dated January 13, 2009; and 
(B) any amendment or exhibit (including exhibit 
amendments) to that Agreement that are— 
(i) made in accordance with this title; or 
(ii) otherwise approved by the Secretary. 
(2) BUREAU.—The term ‘‘Bureau’’ means the Bureau of 
Reclamation. 
White Mountain 
Apache Tribe 
Water Rights 
Quantification 
Act of 2010. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00816
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3074 
PUBLIC LAW 111–291—DEC. 8, 2010 
(3) CAP.—The term ‘‘CAP’’ means the reclamation project 
authorized and constructed by the United States in accordance 
with title III of the Colorado River Basin Project Act (43 U.S.C. 
1521 et seq.). 
(4) CAP CONTRACTOR.—The term ‘‘CAP contractor’’ means 
an individual or entity that has entered into a long-term con-
tract (as that term is used in the repayment stipulation) with 
the United States for delivery of water through the CAP system. 
(5) CAP FIXED OM&R CHARGE.—The term ‘‘CAP fixed OM&R 
charge’’ has the meaning given the term in the repayment 
stipulation. 
(6) CAP M&I PRIORITY WATER.—The term ‘‘CAP M&I pri-
ority water’’ means the CAP water having a municipal and 
industrial delivery priority under the repayment contract. 
(7) CAP SUBCONTRACTOR.—The term ‘‘CAP subcontractor’’ 
means an individual or entity that has entered into a long- 
term subcontract (as that term is used in the repayment stipula-
tion) with the United States and the District for the delivery 
of water through the CAP system. 
(8) CAP SYSTEM.—The term ‘‘CAP system’’ means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant works of a 
feature described in any of subparagraphs (A) through 
(D); and 
(F) any extension of, addition to, or replacement for 
a feature described in any of subparagraphs (A) through 
(E). 
(9) CAP WATER.—The term ‘‘CAP water’’ means ‘‘Project 
Water’’ (as that term is defined in the repayment stipulation). 
(10) CONTRACT.—The term ‘‘Contract’’ means— 
(A) the proposed contract between the Tribe and the 
United States attached as exhibit 7.1 to the Agreement 
and numbered 08–XX–30–W0529; and 
(B) any amendments to that contract. 
(11) DISTRICT.—The term ‘‘District’’ means the Central 
Arizona Water Conservation District, a political subdivision 
of the State that is the contractor under the repayment contract. 
(12) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date described in section 309(d)(1). 
(13) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b). 
(14) INJURY TO WATER RIGHTS.— 
(A) IN GENERAL.—The term ‘‘injury to water rights’’ 
means an interference with, diminution of, or deprivation 
of, a water right under Federal, State, or other law. 
(B) INCLUSIONS.—The term ‘‘injury to water rights’’ 
includes— 
(i) a change in the groundwater table; and 
(ii) any effect of such a change. 
(C) EXCLUSION.—The term ‘‘injury to water rights’’ does 
not include any injury to water quality. 
(15) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.— 
The term ‘‘Lower Colorado River Basin Development Fund’’ 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00817
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3075 
PUBLIC LAW 111–291—DEC. 8, 2010 
means the fund established by section 403 of the Colorado 
River Basin Project Act (43 U.S.C. 1543). 
(16) OFF-RESERVATION TRUST LAND.—The term ‘‘off-reserva-
tion trust land’’ means land— 
(A) located outside the exterior boundaries of the res-
ervation that is held in trust by the United States for 
the benefit of the Tribe as of the enforceability date; and 
(B) depicted on the map attached to the Agreement 
as exhibit 2.57. 
(17) OPERATING AGENCY.—The term ‘‘Operating Agency’’ 
means the 1 or more entities authorized to assume responsi-
bility for the care, operation, maintenance, and replacement 
of the CAP system. 
(18) REPAYMENT
CONTRACT.—The term ‘‘repayment con-
tract’’ means— 
(A) the contract between the United States and the 
District for delivery of water and repayment of the costs 
of the CAP, numbered 14–06–W–245 (Amendment No. 1), 
and dated December 1, 1988; and 
(B) any amendment to, or revision of, that contract. 
(19) REPAYMENT
STIPULATION.—The term ‘‘repayment 
stipulation’’ means the stipulated judgment and the stipulation 
for judgment (including any exhibits to those documents) 
entered on November 21, 2007, in the United States District 
Court for the District of Arizona in the consolidated civil action 
styled Central Arizona Water Conservation District v. United 
States, et al., and numbered CIV 95–625–TUC–WDB (EHC) 
and CIV 95–1720–PHX–EHC. 
(20) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘reservation’’ means the 
land within the exterior boundary of the White Mountain 
Indian Reservation established by the Executive order 
dated November 9, 1871, as modified by subsequent Execu-
tive orders and Acts of Congress— 
(i) known on the date of enactment of this Act 
as the ‘‘Fort Apache Reservation’’ pursuant to chapter 
3 of the Act of June 7, 1897 (30 Stat. 62); and 
(ii) generally depicted on the map attached to the 
Agreement as exhibit 2.81. 
(B) NO
EFFECT
ON
DISPUTE
OR
AS
ADMISSION.—The 
depiction of the reservation described in subparagraph 
(A)(ii) shall not— 
(i) be used to affect any dispute between the Tribe 
and the United States concerning the legal boundary 
of the reservation; or 
(ii) constitute an admission by the Tribe with 
regard to any dispute between the Tribe and the United 
States concerning the legal boundary of the reserva-
tion. 
(21) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(22) STATE.—The term ‘‘State’’ means the State of Arizona. 
(23) TRIBAL
CAP
WATER.—The term ‘‘tribal CAP water’’ 
means the CAP water to which the Tribe is entitled pursuant 
to the Contract. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00818
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3076 
PUBLIC LAW 111–291—DEC. 8, 2010 
(24) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 
means the water rights of the Tribe described in paragraph 
4.0 of the Agreement. 
(25) TRIBE.—The term ‘‘Tribe’’ means the White Mountain 
Apache Tribe organized under section 16 of the Act of June 
18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’) 
(25 U.S.C. 476). 
(26) WATER RIGHT.—The term ‘‘water right’’ means any 
right in or to groundwater, surface water, or effluent under 
Federal, State, or other law. 
(27) WMAT RURAL WATER SYSTEM.—The term ‘‘WMAT rural 
water system’’ means the municipal, rural, and industrial water 
diversion, storage, and delivery system described in section 
307. 
(28) YEAR.—The term ‘‘year’’ means a calendar year. 
SEC. 304. APPROVAL OF AGREEMENT. 
(a) APPROVAL.— 
(1) IN GENERAL.—Except to the extent that any provision 
of the Agreement conflicts with a provision of this title, the 
Agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—Any amendment to the Agreement is 
authorized, ratified, and confirmed, to the extent that such 
amendment is executed to make the Agreement consistent with 
this title. 
(b) EXECUTION OF AGREEMENT.— 
(1) IN GENERAL.—To the extent that the Agreement does 
not conflict with this title, the Secretary shall promptly— 
(A) execute the Agreement, including all exhibits to 
the Agreement requiring the signature of the Secretary; 
and 
(B) in accordance with the Agreement, execute any 
amendment to the Agreement, including any amendment 
to any exhibit to the Agreement requiring the signature 
of the Secretary, that is not inconsistent with this title; 
and 
(2) DISCRETION OF THE SECRETARY.—The Secretary may 
execute any other amendment to the Agreement, including 
any amendment to any exhibit to the Agreement requiring 
the signature of the Secretary, that is not inconsistent with 
this title if the amendment does not require congressional 
approval pursuant to the Trade and Intercourse Act (25 U.S.C. 
177) or other applicable Federal law (including regulations). 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) ENVIRONMENTAL
COMPLIANCE.—In implementing the 
Agreement and carrying out this title, the Secretary shall 
promptly comply with all applicable requirements of— 
(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(C) all other applicable Federal environmental laws; 
and 
(D) all regulations promulgated under the laws 
described in subparagraphs (A) through (C). 
(2) EXECUTION OF AGREEMENT.— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00819
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3077 
PUBLIC LAW 111–291—DEC. 8, 2010 
(A) IN GENERAL.—Execution of the Agreement by the 
Secretary under this section shall not constitute a major 
Federal action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) ENVIRONMENTAL COMPLIANCE.—The Secretary shall 
carry out all necessary environmental compliance activities 
required by Federal law in implementing the Agreement. 
(3) LEAD AGENCY.—The Bureau shall serve as the lead 
agency with respect to ensuring environmental compliance asso-
ciated with the WMAT rural water system. 
SEC. 305. WATER RIGHTS. 
(a) TREATMENT OF TRIBAL WATER RIGHTS.—The tribal water 
rights— 
(1) shall be held in trust by the United States on behalf 
of the Tribe; and 
(2) shall not be subject to forfeiture or abandonment. 
(b) REALLOCATION.— 
(1) IN
GENERAL.—In accordance with this title and the 
Agreement, the Secretary shall reallocate to the Tribe, and 
offer to enter into a contract with the Tribe for the delivery 
in accordance with this section of— 
(A) an entitlement to 23,782 acre-feet per year of CAP 
water that has a non-Indian agricultural delivery priority 
(as defined in the Contract) in accordance with section 
104(a)(1)(A)(iii) of the Arizona Water Settlements Act 
(Public Law 108–451; 118 Stat. 3488), of which— 
(i) 3,750 acre-feet per year shall be firmed by the 
United States for the benefit of the Tribe for the 100- 
year period beginning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in accordance 
with section 105(b)(1)(B) of that Act (118 Stat. 3492); 
and 
(ii) 3,750 acre-feet per year shall be firmed by 
the State for the benefit of the Tribe for the 100- 
year period beginning on January 1, 2008, with priority 
equivalent to CAP M&I priority water, in accordance 
with section 105(b)(2)(B) of that Act (118 Stat. 3492); 
and 
(B) an entitlement to 1,218 acre-feet per year of the 
water— 
(i) acquired by the Secretary through the perma-
nent relinquishment of the Harquahala Valley Irriga-
tion District CAP subcontract entitlement in accord-
ance with the contract numbered 3–07–30–W0290 
among the District, Harquahala Valley Irrigation Dis-
trict, and the United States; and 
(ii) converted to CAP Indian Priority water (as 
defined in the Contract) pursuant to the Fort McDowell 
Indian Community Water Rights Settlement Act of 
1990 (Public Law 101–628; 104 Stat. 4480). 
(2) AUTHORITY OF TRIBE.—Subject to approval by the Sec-
retary under section 306(a)(1), the Tribe shall have the sole 
authority to lease, distribute, exchange, or allocate the tribal 
CAP water described in paragraph (1). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00820
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3078 
PUBLIC LAW 111–291—DEC. 8, 2010 
(c) WATER SERVICE CAPITAL CHARGES.—The Tribe shall not 
be responsible for any water service capital charge for tribal CAP 
water. 
(d) ALLOCATION AND REPAYMENT.—For the purpose of deter-
mining the allocation and repayment of costs of any stage of the 
CAP constructed after November 21, 2007, the costs associated 
with the delivery of water described in subsection (b), regardless 
of whether the water is delivered for use by the Tribe or in accord-
ance with any assignment, exchange, lease, option to lease, or 
other agreement for the temporary disposition of water entered 
into by the Tribe, shall be— 
(1) nonreimbursable; and 
(2) excluded from the repayment obligation of the District. 
(e) WATER CODE.—Not later than 18 months after the enforce-
ability date, the Tribe shall enact a water code that— 
(1) governs the tribal water rights; and 
(2) includes, at a minimum— 
(A) provisions requiring the measurement, calculation, 
and recording of all diversions and depletions of water 
on the reservation and on off-reservation trust land; 
(B) terms of a water conservation plan, including objec-
tives, conservation measures, and an implementation 
timeline; 
(C) provisions requiring the approval of the Tribe for 
the severance and transfer of rights to the use of water 
from historically irrigated land identified in paragraph 
11.3.2.1 of the Agreement to diversions and depletions on 
other non-historically irrigated land not located on the 
watershed of the same water source; and 
(D) provisions requiring the authorization of the Tribe 
for all diversions of water on the reservation and on off- 
reservation trust land by any individual or entity other 
than the Tribe. 
SEC. 306. CONTRACT. 
(a) IN GENERAL.—The Secretary shall enter into the Contract, 
in accordance with the Agreement, to provide, among other things, 
that— 
(1) the Tribe, on approval of the Secretary, may— 
(A) enter into contracts or options to lease, contracts 
to exchange, or options to exchange tribal CAP water in 
Maricopa, Pinal, Pima, and Yavapai Counties in the State 
providing for the temporary delivery to any individual or 
entity of any portion of the tribal CAP water, subject to 
the condition that— 
(i) the term of the contract or option to lease 
shall not be longer than 100 years; 
(ii) the contracts or options to exchange shall be 
for the term provided in the contract or option; and 
(iii) a lease or option to lease providing for the 
temporary delivery of tribal CAP water shall require 
the lessee to pay to the Operating Agency all CAP 
fixed OM&R charges and all CAP pumping energy 
charges (as defined in the repayment stipulation) asso-
ciated with the leased water; and 
Deadline. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00821
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3079 
PUBLIC LAW 111–291—DEC. 8, 2010 
(B) renegotiate any lease at any time during the term 
of the lease, subject to the condition that the term of 
the renegotiated lease shall not exceed 100 years; 
(2) no portion of the tribal CAP water may be permanently 
alienated; 
(3)(A) the Tribe (and not the United States in any capacity) 
shall be entitled to all consideration due to the Tribe under 
any contract or option to lease or exchange tribal CAP water 
entered into by the Tribe; and 
(B) the United States (in any capacity) has no trust or 
other obligation to monitor, administer, or account for, in any 
manner— 
(i) any funds received by the Tribe as consideration 
under a contract or option to lease or exchange tribal 
CAP water; or 
(ii) the expenditure of those funds; 
(4)(A) all tribal CAP water shall be delivered through the 
CAP system; and 
(B) if the delivery capacity of the CAP system is signifi-
cantly reduced or anticipated to be significantly reduced for 
an extended period of time, the Tribe shall have the same 
CAP delivery rights as a CAP contractor or CAP subcontractor 
that is allowed to take delivery of water other than through 
the CAP system; 
(5) the Tribe may use tribal CAP water on or off the 
reservation for any purpose; 
(6) as authorized by subsection (f)(2)(A) of section 403 of 
the Colorado River Basin Project Act (43 U.S.C. 1543) and 
to the extent that funds are available in the Lower Colorado 
River Basin Development Fund established by subsection (a) 
of that section, the United States shall pay to the Operating 
Agency the CAP fixed OM&R charges associated with the 
delivery of tribal CAP water (except in the case of tribal CAP 
water leased by any individual or entity); 
(7) the Secretary shall waive the right of the Secretary 
to capture all return flow from project exchange water flowing 
from the exterior boundary of the reservation; and 
(8) no CAP water service capital charge shall be due or 
payable for the tribal CAP water, regardless of whether the 
water is delivered for use by the Tribe or pursuant to a contract 
or option to lease or exchange tribal CAP water entered into 
by the Tribe. 
(b) REQUIREMENTS.—The Contract shall be— 
(1) for permanent service (within the meaning of section 
5 of the Boulder Canyon Project Act (43 U.S.C. 617d)); and 
(2) without limit as to term. 
(c) RATIFICATION.— 
(1) IN GENERAL.—Except to the extent that any provision 
of the Contract conflicts with a provision of this title, the 
Contract is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—Any amendment to the Contract is 
authorized, ratified, and confirmed, to the extent that such 
amendment is executed to make the Contract consistent with 
this title. 
(d) EXECUTION OF CONTRACT.—To the extent that the Contract 
does not conflict with this title, the Secretary shall execute the 
Contract. 
Waiver authority. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00822
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3080 
PUBLIC LAW 111–291—DEC. 8, 2010 
(e) PAYMENT OF CHARGES.—The Tribe, and any recipient of 
tribal CAP water through a contract or option to lease or exchange, 
shall not be obligated to pay a water service capital charge or 
any other charge, payment, or fee for CAP water, except as provided 
in an applicable lease or exchange agreement. 
(f) PROHIBITIONS.— 
(1) USE
OUTSIDE
STATE.—No tribal CAP water may be 
leased, exchanged, forborne, or otherwise transferred by the 
Tribe in any way for use directly or indirectly outside the 
State. 
(2) USE OFF RESERVATION.—Except as authorized by this 
section and paragraph 4.7 of the Agreement, no tribal water 
rights under this title may be sold, leased, transferred, or 
used outside the boundaries of the reservation or off-reservation 
trust land other than pursuant to an exchange. 
(3) 
AGREEMENTS
WITH
ARIZONA
WATER
BANKING 
AUTHORITY.—Nothing in this title or the Agreement limits the 
right of the Tribe to enter into an agreement with the Arizona 
Water Banking Authority (or any successor entity) established 
by section 45–2421 of the Arizona Revised Statutes in accord-
ance with State law. 
(g) LEASES.— 
(1) IN GENERAL.—To the extent that the leases of tribal 
CAP Water by the Tribe to the District and to any of the 
cities in the State, attached as exhibits to the Agreement, 
are not in conflict with the provisions of this title— 
(A) those leases are authorized, ratified, and confirmed; 
and 
(B) the Secretary shall execute the leases. 
(2) AMENDMENTS.—To the extent that amendments are 
executed to make the leases described in paragraph (1) con-
sistent with this title, those amendments are authorized, rati-
fied, and confirmed. 
SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM. 
(a) IN GENERAL.—Consistent with subsections (a) and (e) of 
section 312 and subsection (h) of this section, the Secretary, acting 
through the Bureau, shall plan, design, and construct the WMAT 
rural water system to divert, store, and distribute water from 
the North Fork of the White River to the Tribe that shall consist 
of— 
(1) a dam and storage reservoir, pumping plant, and treat-
ment facilities located along the North Fork of the White River 
near the community of Whiteriver; 
(2) a distribution system consisting of pipelines extending 
from the treatment facilities to existing water distribution sys-
tems serving the communities of Whiteriver, Fort Apache, 
Canyon Day, Cedar Creek, Carrizo, and Cibecue; 
(3) connections to existing distribution facilities for the 
communities described in paragraph (2), but not including any 
upgrades of, or improvements to, existing or future public water 
systems for the communities described in paragraph (2) that 
may be necessary to accommodate increased demand and flow 
rates (and any associated changes in water quality); 
(4) connections to additional communities along the pipe-
line, provided that the additional connections may be added 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00823
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3081 
PUBLIC LAW 111–291—DEC. 8, 2010 
to the distribution system described in paragraph (2) at the 
expense of the Tribe; 
(5) appurtenant buildings and access roads; 
(6) electrical power transmission and distribution facilities 
necessary for operation of the project; and 
(7) any other project components that the Secretary, in 
consultation with the Tribe, determines to be necessary. 
(b) MODIFICATIONS.—The Secretary and the Tribe— 
(1) may modify the components of the WMAT rural water 
system described in subsection (a) by mutual agreement; and 
(2) shall make all modifications required under subsection 
(c)(2). 
(c) FINAL PROJECT DESIGN.— 
(1) IN GENERAL.—The Secretary shall issue a final project 
design of the WMAT rural water system, including the dam, 
pumping plants, pipeline, and treatment plant, that is generally 
consistent with the project extension report dated February 
2007 after the completion of— 
(A) any appropriate environmental compliance activity; 
and 
(B) the review process described in paragraph (2). 
(2) REVIEW.— 
(A) IN GENERAL.—The Secretary shall review the pro-
posed design of the WMAT rural water system and perform 
value engineering analyses. 
(B) RESULTS.—Taking into consideration the review 
under subparagraph (A), the Secretary, in consultation with 
the Tribe, shall require appropriate changes to the design, 
so that the final design— 
(i) meets Bureau of Reclamation design standards; 
(ii) to the maximum extent practicable, incor-
porates any changes that would improve the cost- 
effectiveness of the delivery of water through the 
WMAT rural water system; and 
(iii) may be constructed for the amounts made 
available under section 312. 
(d) CONVEYANCE OF TITLE.— 
(1) IN GENERAL.—Title to the WMAT rural water system 
shall be held by the United States until title to the WMAT 
rural water system is conveyed by the Secretary to the Tribe 
pursuant to paragraph (2). 
(2) CONVEYANCE
TO
TRIBE.—The Secretary shall convey 
to the Tribe title to the WMAT rural water system not later 
than 30 days after the date on which the Secretary publishes 
in the Federal Register a statement of findings that— 
(A) the operating criteria, standing operating proce-
dures, emergency action plan, and first filling and moni-
toring criteria of the designers have been established and 
are in place; 
(B) the WMAT rural water system has operated under 
the standing operating procedures of the designers, with 
the participation of the Tribe, for a period of 3 years; 
(C) the Secretary has provided the Tribe with technical 
assistance on the manner by which to operate and maintain 
the WMAT rural water system; 
Deadline. 
Federal Register, 
publication. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00824
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3082 
PUBLIC LAW 111–291—DEC. 8, 2010 
(D) the funds made available under section 312(b)(3)(B) 
have been deposited in the WMAT Maintenance Fund; 
and 
(E) the WMAT rural water system— 
(i) is substantially complete, as determined by the 
Secretary; and 
(ii) satisfies the requirement that— 
(I) the infrastructure constructed is capable 
of storing, diverting, treating, transmitting, and 
distributing a supply of water as set forth in the 
final project design described in subsection (c); and 
(II) the Secretary has consulted with the Tribe 
regarding the proposed finding that the WMAT 
rural water system is substantially complete. 
(e) ALIENATION AND TAXATION.— 
(1) IN GENERAL.—Conveyance of title to the Tribe pursuant 
to subsection (d) does not waive or alter any applicable Federal 
law (including regulations) prohibiting alienation or taxation 
of the WMAT rural water system or the underlying reservation 
land. 
(2) ALIENATION
OF
WMAT
RURAL
WATER
SYSTEM.—The 
WMAT rural water system, including the components of the 
WMAT rural water system, shall not be alienated, encumbered, 
or conveyed in any manner by the Tribe, unless a reconveyance 
is authorized by an Act of Congress enacted after the date 
of enactment of this Act. 
(f) OPERATION AND MAINTENANCE.— 
(1) IN GENERAL.—Consistent with subsections (d) and (e) 
of section 312, the Secretary, acting through the Bureau and 
in cooperation with the Tribe, shall operate, maintain, and 
replace the WMAT rural water system until the date on which 
title to the WMAT rural water system is transferred to the 
Tribe pursuant to subsection (d)(2). 
(2) LIMITATION.— 
(A) IN GENERAL.—Beginning on the date on which title 
to the WMAT rural water system is transferred to the 
Tribe pursuant to subsection (d)(2), the United States shall 
have no obligation to pay for the operation, maintenance, 
or replacement costs of the WMAT rural water system. 
(B) LIMITATION ON LIABILITY.—Effective on the date 
on which the Secretary publishes a statement of findings 
in the Federal Register pursuant to subsection (d)(2), the 
United States shall not be held liable by any court for 
damages arising out of any act, omission, or occurrence 
relating to the land or facilities conveyed, other than dam-
ages caused by any intentional act or act of negligence 
committed by the United States, or by employees or agents 
of the United States, prior to the date on which the Sec-
retary publishes a statement of findings in the Federal 
Register pursuant to subsection (d)(2). 
(g) RIGHT TO REVIEW.— 
(1) IN GENERAL.—The statement of findings published by 
the Secretary pursuant to subsection (d)(2) shall be considered 
to be a final agency action subject to judicial review under 
sections 701 through 706 of title 5, United States Code. 
Effective date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00825
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3083 
PUBLIC LAW 111–291—DEC. 8, 2010 
(2) EFFECT OF TITLE.—Nothing in this title gives the Tribe 
or any other party the right to judicial review of the determina-
tion by the Secretary under subsection (d) except under sub-
chapter II of chapter 5, and chapter 7, of title 5, United States 
Code (commonly known as the ‘‘Administrative Procedure Act’’). 
(h) APPLICABILITY OF ISDEAA.— 
(1) AGREEMENT
FOR
SPECIFIC
ACTIVITIES.—On receipt of 
a request of the Tribe, and in accordance with the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.), the Secretary shall enter into 1 or more agreements 
with the Tribe to carry out the activities authorized by this 
section. 
(2) CONTRACTS.—Any contract entered into pursuant to 
the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) for the purpose of carrying out any 
provision of this title shall incorporate such provisions 
regarding periodic payment of funds, timing for use of funds, 
transparency, oversight, reporting, and accountability as the 
Secretary determines to be necessary (at the sole discretion 
of the Secretary) to ensure appropriate stewardship of Federal 
funds. 
(i) FINAL DESIGNS; PROJECT CONSTRUCTION.— 
(1) FINAL DESIGNS.—All designs for the WMAT rural water 
system shall— 
(A) conform to Bureau design standards; and 
(B) be subject to review and approval by the Secretary. 
(2) PROJECT
CONSTRUCTION.—Each project component of 
the WMAT rural water system shall be constructed pursuant 
to designs and specifications approved by the Secretary, and 
all construction work shall be subject to inspection and approval 
by the Secretary. 
(j) CONDITION.—As a condition of construction of the facilities 
authorized by this section, the Tribe shall provide, at no cost to 
the Secretary, all land or interests in land that the Secretary 
identifies as necessary for the construction, operation, and mainte-
nance of those facilities. 
SEC. 308. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—Except as set forth in the Agreement, the 
benefits realized by the Tribe and its members under this title 
shall be in full satisfaction of all claims of the Tribe, its members, 
and the United States, acting as trustee for the benefit of the 
Tribe and its members, for water rights and injury to water rights 
under Federal, State, or other law with respect to the reservation 
and off-reservation trust land. 
(b) USES
OF WATER.—All uses of water on land outside of 
the reservation, if and when that land is subsequently and finally 
determined to be part of the reservation through resolution of 
any dispute between the Tribe and the United States over the 
location of the reservation boundary, and any fee land within the 
reservation placed into trust and made part of the reservation, 
shall be subject to the maximum annual diversion amounts and 
the maximum annual depletion amounts specified in the Agreement. 
(c) NO RECOGNITION OF WATER RIGHTS.—Notwithstanding sub-
section (a), nothing in this title recognizes or establishes any right 
of a member of the Tribe to water on the reservation. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00826
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3084 
PUBLIC LAW 111–291—DEC. 8, 2010 
SEC. 309. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.—– 
(1) CLAIMS AGAINST THE STATE AND OTHERS.—Except for 
the specifically retained claims described in subsection (b)(1), 
the Tribe, on behalf of itself and its members, and the United 
States, acting in its capacity as trustee for the Tribe and 
its members, as part of the performance of the respective obliga-
tions of the United States and the Tribe under the Agreement, 
are authorized to execute a waiver and release of any claims 
against the State (or any agency or political subdivision of 
the State), or any other person, entity, corporation, or municipal 
corporation under Federal, State, or other law for all— 
(A)(i) past, present, and future claims for water rights 
for the reservation and off-reservation trust land arising 
from time immemorial and, thereafter, forever; and 
(ii) past, present, and future claims for water rights 
arising from time immemorial and, thereafter, forever, that 
are based on aboriginal occupancy of land by the Tribe, 
its members, or their predecessors; 
(B)(i) past and present claims for injury to water rights 
for the reservation and off-reservation trust land arising 
from time immemorial through the enforceability date; 
(ii) past, present, and future claims for injury to water 
rights arising from time immemorial and, thereafter, for-
ever, that are based on aboriginal occupancy of land by 
the Tribe, its members, or their predecessors; and 
(iii) claims for injury to water rights arising after the 
enforceability date for the reservation and off-reservation 
trust land resulting from off-reservation diversion or use 
of water in a manner that is not in violation of the Agree-
ment or State law; and 
(C) past, present, and future claims arising out of, 
or relating in any manner to, the negotiation, execution, 
or adoption of the Agreement, an applicable settlement 
judgement or decree, or this title. 
(2) CLAIMS
AGAINST
TRIBE.—Except for the specifically 
retained claims described in subsection (b)(3), the United 
States, in all capacities (except as trustee for an Indian tribe 
other than the Tribe), as part of the performance of its obliga-
tions under the Agreement, is authorized to execute a waiver 
and release of any and all claims against the Tribe, its mem-
bers, or any agency, official, or employee of the Tribe, under 
Federal, State, or any other law for all— 
(A) past and present claims for injury to water rights 
resulting from the diversion or use of water on the reserva-
tion and on off-reservation trust land arising from time 
immemorial through the enforceability date; 
(B) claims for injury to water rights arising after the 
enforceability date resulting from the diversion or use of 
water on the reservation and on off-reservation trust land 
in a manner that is not in violation of the Agreement; 
and 
(C) past, present, and future claims arising out of 
or related in any manner to the negotiation, execution, 
or adoption of the Agreement, an applicable settlement 
judgement or decree, or this title. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00827
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3085 
PUBLIC LAW 111–291—DEC. 8, 2010 
(3) CLAIMS AGAINST UNITED STATES.—Except for the specifi-
cally retained claims described in subsection (b)(2), the Tribe, 
on behalf of itself and its members, as part of the performance 
of the obligations of the Tribe under the Agreement, is author-
ized to execute a waiver and release of any claim against 
the United States, including agencies, officials, or employees 
of the United States (except in the capacity of the United 
States as trustee for other Indian tribes), under Federal, State, 
or other law for any and all— 
(A)(i) past, present, and future claims for water rights 
for the reservation and off-reservation trust land arising 
from time immemorial and, thereafter, forever; and 
(ii) past, present, and future claims for water rights 
arising from time immemorial and, thereafter, forever that 
are based on aboriginal occupancy of land by the Tribe, 
its members, or their predecessors; 
(B)(i) past and present claims relating in any manner 
to damages, losses, or injuries to water, water rights, land, 
or other resources due to loss of water or water rights 
(including damages, losses, or injuries to 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, or develop water, water rights, or water infrastruc-
ture) within the reservation and off-reservation trust land 
that first accrued at any time prior to the enforceability 
date; 
(ii) past, present, and future claims for injury to water 
rights arising from time immemorial and, thereafter, for-
ever that are based on aboriginal occupancy of land by 
the Tribe, its members, or their predecessors; and 
(iii) claims for injury to water rights arising after the 
enforceability date for the reservation and off-reservation 
trust land resulting from the off-reservation diversion or 
use of water in a manner that is not in violation of the 
Agreement or applicable law; 
(C) past, present, and future claims arising out of, 
or relating in any manner to, the negotiation, execution, 
or adoption of the Agreement, an applicable settlement 
judgment or decree, or this title; 
(D) past and present claims relating in any manner 
to pending litigation of claims relating to the water rights 
of the Tribe for the reservation and off-reservation trust 
land; 
(E) past and present claims relating to the operation, 
maintenance, and replacement of existing irrigation sys-
tems on the reservation constructed prior to the enforce-
ability date that first accrued at any time prior to the 
enforceability date, which waiver shall only become effec-
tive on the full appropriation and payment to the Tribe 
of $4,950,000 of the amounts made available under section 
312(b)(2)(B); 
(F) any claims relating to operation, maintenance, and 
replacement of the WMAT rural water system, which 
waiver shall only become effective on the date on which 
funds are made available under section 312(b)(3)(B) and 
deposited in the WMAT Maintenance Fund; 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00828
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3086 
PUBLIC LAW 111–291—DEC. 8, 2010 
(G) past and present breach of trust and negligence 
claims for damage to the land and natural resources of 
the Tribe caused by riparian and other vegetative manipu-
lation by the United States for the purpose of increasing 
water runoff from the reservation that first accrued at 
any time prior to the enforceability date; and 
(H) past and present claims for trespass, use, and 
occupancy of the reservation in, on, and along the Black 
River that first accrued at any time prior to the enforce-
ability date. 
(4) EFFECT ON BOUNDARY CLAIMS.—Nothing in this title 
expands, diminishes, or impacts any claims the Tribe may 
assert, or any defense the United States may assert, concerning 
title to land outside the most current survey, as of the date 
of enactment of this Act, of the northern boundary of the 
reservation. 
(b) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.— 
(1) RESERVATION
OF
RIGHTS
AND
RETENTION
OF
CLAIMS 
BY TRIBE AND UNITED STATES.— 
(A) IN
GENERAL.—Notwithstanding the waiver and 
release of claims authorized under subsection (a)(1), the 
Tribe, on behalf of itself and its members, and the United 
States, acting as trustee for the Tribe and its members, 
shall retain any right— 
(i) subject to subparagraph 16.9 of the Agreement, 
to assert claims for injuries to, and seek enforcement 
of, the rights of the Tribe and its members under 
the Agreement or this title in any Federal or State 
court of competent jurisdiction; 
(ii) to assert claims for injuries to, and seek 
enforcement of, the rights of the Tribe under the judg-
ment and decree entered by the court in the Gila 
River adjudication proceedings; 
(iii) to assert claims for injuries to, and seek 
enforcement of, the rights of the Tribe under the judg-
ment and decree entered by the court in the Little 
Colorado River adjudication proceedings; 
(iv) to object to any claims by or for any other 
Indian tribe, Indian community or nation, or dependent 
Indian community, or the United States on behalf of 
such a tribe, community, or nation; 
(v) to participate in the Gila River adjudication 
proceedings and the Little Colorado River adjudication 
proceedings to the extent provided in subparagraph 
14.1 of the Agreement; 
(vi) to assert any claims arising after the enforce-
ability date for injury to water rights not specifically 
waived under this section; 
(vii) to assert any past, present, or future claim 
for injury to water rights against any other Indian 
tribe, Indian community or nation, dependent Indian 
community, allottee, or the United States on behalf 
of such a tribe, community, nation, or allottee; 
(viii) to assert any past, present, or future claim 
for trespass, use, and occupancy of the reservation 
in, on, or along the Black River against Freeport- 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00829
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3087 
PUBLIC LAW 111–291—DEC. 8, 2010 
McMoRan Copper & Gold, Inc., Phelps Dodge Corpora-
tion, or Phelps Dodge Morenci, Inc. (or a predecessor 
or successor of those entities), including all subsidiaries 
and affiliates of those entities; and 
(ix) to assert claims arising after the enforceability 
date for injury to water rights resulting from the 
pumping of water from land located within national 
forest land as of the date of the Agreement in the 
south 1⁄2 of T. 9 N., R. 24 E., the south 1⁄2 of T. 
9 N., R. 25 E., the north 1⁄2 of T. 8 N., R. 24 E., 
or the north 1⁄2 of T. 8 N., R. 25 E., if water from 
the land is used on the land or is transported off 
the land for municipal, commercial, or industrial use. 
(B) AGREEMENT.—On terms acceptable to the Tribe 
and the United States, the Tribe and the United States 
are authorized to enter into an agreement with Freeport- 
McMoRan Copper & Gold, Inc., Phelps Dodge Corporation, 
or Phelps Dodge Morenci, Inc. (or a predecessor or successor 
of those entities), including all subsidiaries and affiliates 
of those entities, to resolve the claims of the Tribe relating 
to the trespass, use, and occupancy of the reservation in, 
on, and along the Black River. 
(2) RESERVATION
OF
RIGHTS
AND
RETENTION
OF
CLAIMS 
BY TRIBE AGAINST UNITED STATES.—Notwithstanding the waiver 
and release of claims authorized under subsection (a)(3), the 
Tribe, on behalf of itself and its members, shall retain any 
right— 
(A) subject to subparagraph 16.9 of the Agreement, 
to assert claims for injuries to, and seek enforcement of, 
the rights of the Tribe and its members under the Agree-
ment or this title, in any Federal or State court of com-
petent jurisdiction; 
(B) to assert claims for injuries to, and seek enforce-
ment of, the rights of the Tribe and members under the 
judgment and decree entered by the court in the Gila 
River adjudication proceedings; 
(C) to assert claims for injuries to, and seek enforce-
ment of, the rights of the Tribe and members under the 
judgment and decree entered by the court in the Little 
Colorado River adjudication proceedings; 
(D) to object to any claims by or for any other Indian 
tribe, Indian community or nation, or dependent Indian 
community, or the United States on behalf of such a tribe, 
community, or nation; 
(E) to assert past, present, or future claims for injury 
to water rights or any other claims other than a claim 
to water rights, against any other Indian tribe, Indian 
community or nation, or dependent Indian community, or 
the United States on behalf of such a tribe, community, 
or nation; 
(F) to assert claims arising after the enforceability 
date for injury to water rights resulting from the pumping 
of water from land located within national forest land 
as of the date of the Agreement in the south 1⁄2 of T. 
9 N., R. 24 E., the south 1⁄2 of T. 9 N., R. 25 E., the 
north 1⁄2 of T. 8 N., R. 24 E., or the north 1⁄2 of T. 8 
N., R. 25 E., if water from that land is used on the land 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00830
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3088 
PUBLIC LAW 111–291—DEC. 8, 2010 
or is transported off the land for municipal, commercial, 
or industrial use; 
(G) to assert any claims arising after the enforceability 
date for injury to water rights not specifically waived under 
this section; 
(H) to seek remedies and to assert any other claims 
not specifically waived under this section; and 
(I) to assert any claim arising after the enforceability 
date for a future taking by the United States of reservation 
land, off-reservation trust land, or any property rights 
appurtenant to that land, including any water rights set 
forth in paragraph 4.0 of the Agreement. 
(3) RESERVATION
OF
RIGHTS
AND
RETENTION
OF
CLAIMS 
BY UNITED STATES.—Notwithstanding the waiver and release 
of claims authorized under subsection (a)(2), the United States 
shall retain any right to assert any claim not specifically waived 
in that subsection. 
(c) EFFECTIVENESS OF WAIVER AND RELEASES.—Except as other-
wise specifically provided in subparagraphs (E) and (F) of subsection 
(a)(3), the waivers and releases under subsection (a) shall become 
effective on the enforceability date. 
(d) ENFORCEABILITY DATE.— 
(1) IN
GENERAL.—This section takes effect on the date 
on which the Secretary publishes in the Federal Register a 
statement of findings that— 
(A)(i) to the extent that the Agreement conflicts with 
this title, the Agreement has been revised through an 
amendment to eliminate the conflict; and 
(ii) the Agreement, as so revised, has been executed 
by the Secretary, the Tribe, and the Governor of the State; 
(B) the Secretary has fulfilled the requirements of sec-
tions 305 and 306; 
(C) the amount made available under section 312(a) 
has been deposited in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount; 
(D) the State funds described in subparagraph 13.3 
of the Agreement have been deposited in the White Moun-
tain Apache Tribe Water Rights Settlement Subaccount; 
(E) the Secretary has issued a record of decision 
approving the construction of the WMAT rural water 
system in a configuration substantially similar to that 
described in section 307; 
(F) the judgments and decrees substantially in the 
form of those attached to the Agreement as exhibits 12.9.6.1 
and 12.9.6.2 have been approved by the respective trial 
courts; and 
(G) the waivers and releases authorized and set forth 
in subsection (a) have been executed by the Tribe and 
the Secretary. 
(2) FAILURE OF ENFORCEABILITY DATE TO OCCUR.—If the 
Secretary does not publish a statement of findings under para-
graph (1) by April 30, 2021— 
(A) this title is repealed effective May 1, 2021, and 
any activity by the Secretary to carry out this title shall 
cease; 
Federal Register, 
publication. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00831
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3089 
PUBLIC LAW 111–291—DEC. 8, 2010 
(B) any amounts made available under section 312 
shall immediately revert to the general fund of the 
Treasury; 
(C) any other amounts deposited in the White Moun-
tain Apache Tribe Water Rights Settlement Subaccount 
(including any amounts paid by the State in accordance 
with the Agreement), together with any interest accrued 
on those amounts, shall immediately be returned to the 
respective sources of those funds; and 
(D) the Tribe and its members, and the United States, 
acting as trustee for the Tribe and its members, shall 
retain the right to assert past, present, and future water 
rights claims and claims for injury to water rights for 
the reservation and off-reservation trust land. 
(3) NO ADDITIONAL RIGHTS TO WATER.—Beginning on the 
enforceability date, all land held by the United States in trust 
for the Tribe and its members shall have no rights to water 
other than those specifically quantified for the Tribe and the 
United States, acting as trustee for the Tribe and its members, 
for the reservation and off-reservation trust land pursuant to 
paragraph 4.0 of the Agreement. 
(e) UNITED STATES ENFORCEMENT AUTHORITY.—Nothing in this 
title or the Agreement affects any right of the United States to 
take any action, including environmental actions, under any laws 
(including regulations and the common law) relating to human 
health, safety, or the environment. 
(f) NO EFFECT ON WATER RIGHTS.—Except as provided in para-
graphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) of subsection (a), 
nothing in this title affects any rights to water of the Tribe, its 
members, or the United States, acting as trustee for the Tribe 
and its members, for land outside the boundaries of the reservation 
or the off-reservation trust land. 
(g) ENTITLEMENTS.—Any entitlement to water of the Tribe, 
its members, or the United States, acting as trustee for the Tribe 
and its members, relating to the reservation or off-reservation trust 
land shall be satisfied from the water resources granted, quantified, 
confirmed, or recognized with respect to the Tribe, its members, 
and the United States by the Agreement and this title. 
(h) OBJECTION PROHIBITED.—Except as provided in paragraphs 
(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the United 
States, acting as trustee for the Tribe shall not— 
(1) object to the use of any well located outside the bound-
aries of the reservation or the off-reservation trust land in 
existence on the enforceability date; or 
(2) object to, dispute, or challenge after the enforceability 
date the drilling of any well or the withdrawal and use of 
water from any well in the Little Colorado River adjudication 
proceedings, the Gila River adjudication proceedings, or any 
other judicial or administrative proceeding. 
SEC. 310. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLE-
MENT SUBACCOUNT. 
(a) ESTABLISHMENT.—There is established in the Lower Colo-
rado River Basin Development Fund a subaccount to be known 
as the ‘‘White Mountain Apache Tribe Water Rights Settlement 
Subaccount’’, consisting of— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00832
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3090 
PUBLIC LAW 111–291—DEC. 8, 2010 
(1) the amounts deposited in the subaccount pursuant to 
section 312(a); and 
(2) such other amounts as are available, including the 
amounts provided in subparagraph 13.3 of the Agreement. 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall use amounts from the White Mountain Apache Tribe 
Water Rights Settlement Subaccount for the planning, design, 
and construction of the WMAT rural water system, in accord-
ance with section 307(a). 
(2) REQUIREMENTS.—In carrying out the activities described 
in paragraph (1), the Secretary shall use such sums as are 
necessary from the White Mountain Apache Tribe Water Rights 
Settlement Subaccount— 
(A) to provide the Bureau with amounts sufficient to 
carry out oversight of the planning, design, and construc-
tion of the WMAT rural water system; 
(B) to repay to the Treasury (or the United States) 
any outstanding balance on the loan authorized by the 
White Mountain Apache Tribe Rural Water System Loan 
Authorization Act (Public Law 110–390; 122 Stat. 4191), 
after which repayment, the Tribe shall have no further 
liability for the balance on that loan; and 
(C) to carry out all required environmental compliance 
activities associated with the planning, design, and 
construction of the WMAT rural water system. 
(c) ISDEAA CONTRACT.— 
(1) IN GENERAL.—If the Tribe so requests, the planning, 
design, and construction of the WMAT rural water system 
shall be carried out pursuant to the terms of an agreement 
or agreements entered into under section 307(h). 
(2) ENFORCEMENT.—The Secretary may pursue any judicial 
remedies and carry out any administrative actions that are 
necessary to enforce an agreement described in paragraph (1) 
to ensure that amounts in the White Mountain Apache Tribe 
Water Rights Settlement Subaccount are used in accordance 
with this section. 
(d) PROHIBITION ON PER CAPITA DISTRIBUTIONS.—No amount 
of the principal, or the interest or income accruing on the principal, 
of the White Mountain Apache Tribe Water Rights Settlement 
Subaccount shall be distributed to any member of the Tribe on 
a per capita basis. 
(e) AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Amounts in the White Mountain Apache 
Tribe Water Rights Settlement Subaccount shall not be avail-
able for expenditure by the Secretary until the enforceability 
date. 
(2) INVESTMENT.—The Secretary shall invest the amounts 
in the White Mountain Apache Tribe Water Rights Settlement 
Subaccount in accordance with section 403(f)(4) of the Colorado 
River Basin Project Act (43 U.S.C. 1543(f)(4)). 
(3) USE OF INTEREST.—The interest accrued on amounts 
invested under paragraph (2) shall not be available for expendi-
ture or withdrawal until the enforceability date. 
SEC. 311. MISCELLANEOUS PROVISIONS. 
(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00833
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3091 
PUBLIC LAW 111–291—DEC. 8, 2010 
(1) IN GENERAL.—In the case of a civil action described 
in paragraph (2)— 
(A) the United States or the Tribe, or both, may be 
joined in the civil action; and 
(B) any claim by the United States or the Tribe to 
sovereign immunity from the civil action is waived for 
the sole purpose of resolving any issue regarding the 
interpretation or enforcement of this title or the Agreement. 
(2) DESCRIPTION OF CIVIL ACTION.—A civil action referred 
to in paragraph (1) is a civil action filed— 
(A) by any party to the Agreement or signatory to 
an exhibit to the Agreement in a United States or State 
court that— 
(i) relates solely and directly to the interpretation 
or enforcement of this title or the Agreement; and 
(ii) names as a party the United States or the 
Tribe; or 
(B) by a landowner or water user in the Gila River 
basin or Little Colorado River basin in the State that— 
(i) relates solely and directly to the interpretation 
or enforcement of section 309 of this title and para-
graph 12.0 of the Agreement; and 
(ii) names as a party the United States or the 
Tribe. 
(b) EFFECT OF TITLE.—Nothing in this title quantifies or other-
wise affects any water right or claim or entitlement to water of 
any Indian tribe, band, or community other than the Tribe. 
(c) LIMITATION ON LIABILITY OF UNITED STATES.— 
(1) IN GENERAL.—The United States shall have no trust 
or other obligation— 
(A) to monitor, administer, or account for, in any 
manner, any amount paid to the Tribe by any party to 
the Agreement other than the United States; or 
(B) to review or approve the expenditure of those funds. 
(2) INDEMNIFICATION.—The Tribe shall indemnify the 
United States, and hold the United States harmless, with 
respect to any claim (including claims for takings or breach 
of trust) arising out of the receipt or expenditure of funds 
described in paragraph (1)(A). 
(d) APPLICABILITY OF RECLAMATION REFORM ACT.—The Rec-
lamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any 
other acreage limitation or full-cost pricing provision under Federal 
law shall not apply to any individual, entity, or land solely on 
the basis of— 
(1) receipt of any benefit under this title; 
(2) the execution or performance of the Agreement; or 
(3) the use, storage, delivery, lease, or exchange of CAP 
water. 
(e) SECRETARIAL POWER SITES.—The portions of the following 
named secretarial power site reserves that are located on the Fort 
Apache Indian Reservation or the San Carlos Apache Reservation, 
as applicable, shall be transferred and restored into the name 
of the Tribe or the San Carlos Apache Tribe, respectively: 
(1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 
27 E.). 
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 
26 E.; T. 3 N., R. 26 E.). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00834
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3092 
PUBLIC LAW 111–291—DEC. 8, 2010 
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 41⁄2 
N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 41⁄2 N., R. 21 E.; T. 
5 N., R. 19 E.). 
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). 
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 
E.). 
(6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., R. 16 
E.). 
(f) NO EFFECT ON FUTURE ALLOCATIONS.—Water received under 
a lease or exchange of tribal CAP water under this title shall 
not affect any future allocation or reallocation of CAP water by 
the Secretary. 
(g) AFTER-ACQUIRED TRUST LAND.— 
(1) REQUIREMENT OF ACT OF CONGRESS.— 
(A) LEGAL TITLE.—Subject to subparagraph (B), after 
the enforceability date, if the Tribe seeks to have legal 
title to additional land in the State located outside the 
exterior boundaries of the reservation taken into trust by 
the United States for the benefit of the Tribe, the Tribe 
may do so only pursuant to an Act of Congress specifically 
authorizing the transfer for the benefit of the Tribe. 
(B) EXCEPTIONS.—Subparagraph (A) shall not apply 
to— 
(i) the restoration of land to the reservation subse-
quently and finally determined to be part of the res-
ervation through resolution of any dispute between 
the Tribe and the United States over the location of 
the reservation boundary, unless required by Federal 
law; or 
(ii) off-reservation trust land acquired prior to 
January 1, 2008. 
(2) WATER RIGHTS.— 
(A) IN
GENERAL.—After-acquired trust land that is 
located outside the reservation shall not include federally 
reserved rights to surface water or groundwater. 
(B) RESTORED LAND.—Land that is restored to the res-
ervation as the result of the resolution of any reservation 
boundary dispute between the Tribe and the United States, 
or any fee simple land within the reservation that is placed 
into trust, shall have water rights pursuant to section 
308(b). 
(3) ACCEPTANCE OF LAND IN TRUST STATUS.— 
(A) IN GENERAL.—If the Tribe acquires legal fee title 
to land that is located within the exterior boundaries of 
the reservation, the Secretary shall accept the land in 
trust status for the benefit of the Tribe in accordance 
with applicable Federal law (including regulations) for such 
real estate acquisitions. 
(B) RESERVATION STATUS.—Land held in trust by the 
Secretary under subparagraph (A), or restored to the res-
ervation as a result of resolution of a boundary dispute 
between the Tribe and the United States, shall be deemed 
to be part of the reservation. 
(h) CONFORMING AMENDMENT.—Section 3(b)(2) of the White 
Mountain Apache Tribe Rural Water System Loan Authorization 
Act (Public Law 110–390; 122 Stat. 4191) is amended by striking 
‘‘January 1, 2013’’ and inserting ‘‘May 1, 2021’’. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00835
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3093 
PUBLIC LAW 111–291—DEC. 8, 2010 
SEC. 312. FUNDING. 
(a) RURAL WATER SYSTEM.— 
(1) MANDATORY APPROPRIATIONS.—Subject to paragraph (2), 
out of any funds in the Treasury not otherwise appropriated, 
the Secretary of the Treasury shall transfer to the Secretary 
to carry out the planning, engineering, design, environmental 
compliance, and construction of the WMAT rural water system 
$126,193,000. 
(2) INCLUSIONS.—The amount made available under para-
graph (1) shall include such sums as are necessary, but not 
to exceed 4 percent of the construction contract costs, for the 
Bureau to carry out oversight of activities for planning, design, 
environmental compliance, and construction of the rural water 
system. 
(b) WMAT SETTLEMENT AND MAINTENANCE FUNDS.— 
(1) DEFINITION OF FUNDS.—In this subsection, the term 
‘‘Funds’’ means— 
(A) the WMAT Settlement Fund established by para-
graph (2)(A); and 
(B) the WMAT Maintenance Fund established by para-
graph (3)(A). 
(2) WMAT SETTLEMENT FUND.— 
(A) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as 
the ‘‘WMAT Settlement Fund’’, to be administered by the 
Secretary, consisting of the amounts deposited in the fund 
under subparagraph (B), together with any interest accrued 
on those amounts, for use by the Tribe in accordance with 
subparagraph (C). 
(B) TRANSFERS TO FUND.— 
(i) IN GENERAL.—There are authorized to be appro-
priated to the Secretary for deposit in the WMAT 
Settlement Fund— 
(I) $78,500,000; and 
(II) any additional amounts described in clause 
(ii), if applicable. 
(ii) AUTHORIZATION OF ADDITIONAL AMOUNTS.—In 
accordance with subsection (e)(4)(B), if the WMAT 
rural water system is conveyed to the Tribe before 
the date on which the $35,000,000 described in sub-
section (e)(2) is completely made available, there is 
authorized to be appropriated to the Secretary, for 
deposit in the WMAT Settlement Fund, any remaining 
amounts that would otherwise have been made avail-
able for expenditure from the Cost Overrun Sub-
account. 
(C) USE OF FUNDS.— 
(i) IN GENERAL.—The Tribe shall use amounts in 
the WMAT Settlement Fund for any of the following 
purposes: 
(I) Fish production, including hatcheries. 
(II) Rehabilitation of recreational lakes and 
existing irrigation systems. 
(III) 
Water-related 
economic 
development 
projects. 
(IV) Protection, restoration, and economic 
development of forest and watershed health. 
Appropriations 
authorization. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00836
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3094 
PUBLIC LAW 111–291—DEC. 8, 2010 
(ii) 
EXISTING
IRRIGATION
SYSTEMS.—Of 
the 
amounts deposited in the Fund under subparagraph 
(B), not less than $4,950,000 shall be used for the 
rehabilitation of existing irrigation systems. 
(3) WMAT MAINTENANCE FUND.— 
(A) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as 
the ‘‘WMAT Maintenance Fund’’, to be administered by 
the Secretary, consisting of the amounts deposited in the 
fund under subparagraph (B), together with any interest 
accrued on those amounts, for use by the Tribe in accord-
ance with subparagraph (C). 
(B) MANDATORY APPROPRIATIONS.—Out of any funds 
in the Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary $50,000,000 
for deposit in the WMAT Maintenance Fund. 
(C) USE OF FUNDS.—The Tribe shall use amounts in 
the WMAT Maintenance Fund only for the operation, 
maintenance, and replacement costs associated with the 
delivery of water through the WMAT rural water system. 
(4) ADMINISTRATION.—The Secretary shall manage the 
Funds in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
including by investing amounts in the Funds in accordance 
with— 
(A) the Act of April 1, 1880 (25 U.S.C. 161); and 
(B) the first section of the Act of June 24, 1938 (25 
U.S.C. 162a). 
(5) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts in 
the Funds shall be available for expenditure or withdrawal 
only after the enforceability date and in accordance with sub-
section (f). 
(6) EXPENDITURE AND WITHDRAWAL.— 
(A) TRIBAL MANAGEMENT PLAN.— 
(i) IN GENERAL.—The Tribe may withdraw all or 
part of the amounts in the Funds on approval by 
the Secretary of a tribal management plan, as 
described in the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(ii) REQUIREMENTS.—In addition to the require-
ments under the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
a tribal management plan under this subparagraph 
shall require the Tribe to use any amounts withdrawn 
from the Funds in accordance with paragraph (2)(C) 
or (3)(C), as applicable. 
(iii) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the provi-
sions of a tribal management plan described in clause 
(i) to ensure that any amounts withdrawn from the 
Funds under the tribal management plan are used 
in accordance with this title and the Agreement. 
(iv) LIABILITY.—If the Tribe exercises the right 
to withdraw amounts from the Funds, neither the Sec-
retary nor the Secretary of the Treasury shall retain 
any liability for the expenditure or investment of the 
amounts. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00837
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3095 
PUBLIC LAW 111–291—DEC. 8, 2010 
(B) EXPENDITURE PLAN.— 
(i) IN GENERAL.—The Tribe shall submit to the 
Secretary for approval an expenditure plan for any 
portion of the amounts in the Funds that the Tribe 
does not withdraw under the tribal management plan. 
(ii) DESCRIPTION.—The expenditure plan shall 
describe the manner in which, and the purposes for 
which, amounts remaining in the Funds will be used. 
(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 reasonable 
and consistent with this title and the Agreement. 
(iv) ANNUAL REPORT.—For each of the Funds, the 
Tribe shall submit to the Secretary an annual report 
that describes all expenditures from the Fund during 
the year covered by the report. 
(C) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED.— 
No amount in the Funds shall be distributed to any member 
of the Tribe on a per capita basis. 
(c) COST INDEXING.—All amounts made available under sub-
sections (a), (b), and (e) shall be adjusted as necessary to reflect 
the changes since October 1, 2007, in the construction cost indices 
applicable to the types of construction involved in the construction 
of the WMAT rural water supply system, the maintenance of the 
rural water supply system, and the construction or rehabilitation 
of the other development projects described in subsection (b)(2)(C). 
(d) OPERATION, MAINTENANCE, AND REPLACEMENT.—Out of any 
funds in the Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary $2,500,000 for the 
operation, maintenance, and replacement costs of the WMAT rural 
water system, to remain available until the conditions described 
in section 307(f) have been met. 
(e) COST OVERRUN SUBACCOUNT.— 
(1) ESTABLISHMENT.—There is established in the Lower 
Colorado River Basin Development Fund a subaccount to be 
known as the ‘‘WMAT Cost Overrun Subaccount’’, to be 
administered by the Secretary, consisting of the amounts depos-
ited in the subaccount under paragraph (2), together with any 
interest accrued on those amounts, for use by the Secretary 
in accordance with paragraph (4). 
(2) MANDATORY APPROPRIATIONS; AUTHORIZATION OF APPRO-
PRIATIONS.— 
(A) MANDATORY APPROPRIATIONS.—Out of any funds 
in the Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary $24,000,000 
for deposit in the WMAT Cost Overrun Subaccount. 
(B) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated for deposit in the WMAT 
Cost Overrun Subaccount $11,000,000. 
(3) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—Amounts in the WMAT Cost Overrun 
Subaccount shall not be available for expenditure by the 
Secretary until the enforceability date. 
(B) INVESTMENT.—The Secretary shall invest the 
amounts in the WMAT Cost Overrun Subaccount in accord-
ance with section 403(f)(4) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(4)). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00838
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3096 
PUBLIC LAW 111–291—DEC. 8, 2010 
(C) USE OF INTEREST.—The interest accrued on the 
amounts invested under subparagraph (B) shall not be 
available for expenditure or withdrawal until the enforce-
ability date. 
(4) USE OF COST OVERRUN SUBACCOUNT.— 
(A) INITIAL USE.—The Secretary shall use the amounts 
in the WMAT Cost Overrun Subaccount to complete the 
WMAT rural water system or to carry out activities relating 
to the operation, maintenance, or replacement of facilities 
of the WMAT rural water system, as applicable, if the 
Secretary determines that the amounts made available 
under subsections (a) and (d) will be insufficient in the 
period before title to the WMAT rural water system is 
conveyed to the Tribe— 
(i) to complete the WMAT rural water system; 
or 
(ii) to operate and maintain the WMAT rural water 
system. 
(B) TRANSFER
OF
FUNDS.—All unobligated amounts 
remaining in the Cost Overrun Subaccount on the date 
on which title to the WMAT rural water system is conveyed 
to the Tribe shall be— 
(i) returned to the general fund of the Treasury; 
and 
(ii) on an appropriation pursuant to subsection 
(b)(2)(B)(ii), deposited in the WMAT Settlement Fund 
and made available to the Tribe for use in accordance 
with subsection (b)(2)(C). 
(f) CONDITIONS.—The amounts made available to the Secretary 
for deposit in the WMAT Maintenance Fund, together with any 
interest accrued on those amounts under subsection (b)(3) and 
any interest accruing on the WMAT Settlement Fund under sub-
section (b)(2), shall not be available for expenditure or withdrawal 
until the WMAT rural water system is transferred to the Tribe 
under section 307(d)(2). 
(g) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled 
to receive, shall accept, and shall use to carry out this title the 
funds transferred under subsections (a), (b), (d), and (e), without 
further appropriation, to remain available until expended. 
SEC. 313. ANTIDEFICIENCY. 
The United States shall not be liable for failure to carry out 
any obligation or activity authorized to be carried out under this 
title (including any such obligation or activity under the Agreement) 
if adequate appropriations are not provided by Congress expressly 
to carry out the purposes of this title. 
SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
In implementing the Agreement and carrying out this title, 
the Secretary shall promptly comply with all applicable require-
ments of— 
(1) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.); 
(3) all other applicable Federal environmental laws; and 
(4) all regulations promulgated under the laws described 
in paragraphs (1) through (3). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00839
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3097 
PUBLIC LAW 111–291—DEC. 8, 2010 
TITLE IV—CROW TRIBE WATER RIGHTS 
SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Crow Tribe Water Rights Settle-
ment Act of 2010’’. 
SEC. 402. PURPOSES. 
The purposes of this title are— 
(1) to achieve a fair, equitable, and final settlement of 
claims to water rights in the State of Montana for— 
(A) the Crow Tribe; and 
(B) the United States for the benefit of the Tribe and 
allottees; 
(2) to authorize, ratify, and confirm the Crow Tribe-Mon-
tana Water Rights Compact entered into by the Tribe and 
the State of Montana on June 22, 1999; 
(3) to authorize and direct the Secretary of the Interior— 
(A) to execute the Crow Tribe-Montana Water Rights 
Compact; and 
(B) to take any other action necessary to carry out 
the Compact in accordance with this title; and 
(4) to ensure the availability of funds necessary for the 
implementation of the Compact and this title. 
SEC. 403. DEFINITIONS. 
In this title: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means any individual 
who holds a beneficial real property interest in an allotment 
of Indian land that is— 
(A) located within the Reservation or the ceded strip; 
and 
(B) held in trust by the United States. 
(2) CEDED STRIP.—The term ‘‘ceded strip’’ means the area 
identified as the ceded strip on the map included in appendix 
5 of the Compact. 
(3) CIP OM&R.—The term ‘‘CIP OM&R’’ means— 
(A) any recurring or ongoing activity associated with 
the day-to-day operation of the Crow Irrigation Project; 
(B) any activity relating to scheduled or unscheduled 
maintenance of the Crow Irrigation Project; and 
(C) any activity relating to replacement of a feature 
of the Crow Irrigation Project. 
(4) COMPACT.—The term ‘‘Compact’’ means the water rights 
compact between the Tribe and the State of Montana contained 
in section 85–20–901 of the Montana Code Annotated (2009) 
(including any exhibit, part, or amendment to the Compact). 
(5) CROW IRRIGATION PROJECT.— 
(A) IN GENERAL.—The term ‘‘Crow Irrigation Project’’ 
means the irrigation project— 
(i) authorized by section 31 of the Act of March 
3, 1891 (26 Stat. 1040); 
(ii) managed by the Secretary (acting through the 
Bureau of Indian Affairs); and 
(iii) consisting of the project units of— 
(I) Agency; 
Crow Tribe 
Water Rights 
Settlement Act 
of 2010. 
Montana. 
31 USC 1101 
note. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00840
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3098 
PUBLIC LAW 111–291—DEC. 8, 2010 
(II) Bighorn; 
(III) Forty Mile; 
(IV) Lodge Grass #1; 
(V) Lodge Grass #2; 
(VI) Pryor; 
(VII) Reno; 
(VIII) Soap Creek; and 
(IX) Upper Little Horn. 
(B) INCLUSION.—The term ‘‘Crow Irrigation Project’’ 
includes land held in trust by the United States for the 
Tribe and the allottees in the Bozeman Trail and Two 
Leggins irrigation districts. 
(6) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date on which the Secretary publishes in the Federal 
Register the statement of findings described in section 410(e). 
(7) FINAL.—The term ‘‘final’’ with reference to approval 
of the decree described in section 410(e)(1)(A), means— 
(A) completion of any direct appeal to the Montana 
Supreme Court of a decree by the Montana Water Court 
pursuant to section 85–2–235 of the Montana Code Anno-
tated (2009), including the expiration of time for filing 
of any such appeal; or 
(B) completion of any appeal to the appropriate United 
States Court of Appeals, including the expiration of time 
in which a petition for certiorari may be filed in the United 
States Supreme Court, denial of such petition, or issuance 
of a final judgment of the United States Supreme Court, 
whichever occurs last. 
(8) FUND.—The term ‘‘Fund’’ means the Crow Settlement 
Fund established by section 411. 
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(10) JOINT STIPULATION OF SETTLEMENT.—The term ‘‘joint 
stipulation of settlement’’ means the joint stipulation of settle-
ment relating to the civil action styled Crow Tribe of Indians 
v. Norton, No. 02–284 (D.D.C. 2006). 
(11) MR&I SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘MR&I System’’ means 
the municipal, rural, and industrial water system of the 
Reservation, generally described in the document entitled 
‘‘Crow Indian Reservation Municipal, Rural and Industrial 
Water System Engineering Report’’ prepared by DOWL 
HKM, and dated July 2008 and updated in a status report 
prepared by DOWL HKM dated December 2009. 
(B) INCLUSIONS.—The term ‘‘MR&I System’’ includes— 
(i) the raw water intake, water treatment plant, 
pipelines, storage tanks, pumping stations, pressure- 
reducing valves, electrical transmission facilities, and 
other items (including real property and easements 
necessary to deliver potable water to the Reservation) 
appurtenant to the system described in subparagraph 
(A); and 
(ii) in descending order of construction priority— 
(I) the Bighorn River Valley Subsystem; 
(II) the Little Bighorn River Valley Subsystem; 
and 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00841
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3099 
PUBLIC LAW 111–291—DEC. 8, 2010 
(III) Pryor Extension. 
(12) MR&I SYSTEM
OM&R.—The term ‘‘MR&I System 
OM&R’’ means— 
(A) any recurring or ongoing activity associated with 
the day-to-day operation of the MR&I System; 
(B) any activity relating to scheduled or unscheduled 
maintenance of the MR&I System; and 
(C) any activity relating to replacement of project fea-
tures of the MR&I System. 
(13) RESERVATION.—The term ‘‘Reservation’’ means the 
area identified as the Reservation on the map in appendix 
4 of the Compact. 
(14) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(15) TRIBAL COMPACT ADMINISTRATION.—The term ‘‘Tribal 
Compact Administration’’ means any activity relating to— 
(A) the development or enactment by the Tribe of the 
tribal water code; 
(B) establishment by the Tribe of a water resources 
department; and 
(C) the operation by the Tribe of that water resources 
department (or a successor agency) during the 10-year 
period beginning on the date of establishment of the depart-
ment. 
(16) TRIBAL WATER CODE.—The term ‘‘tribal water code’’ 
means a water code adopted by the Tribe in accordance with 
section 407(f). 
(17) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 
means— 
(A) the water rights of the Tribe described in article 
III of the Compact; and 
(B) the water rights provided to the Tribe under section 
408. 
(18) TRIBE.—The term ‘‘Tribe’’ means the Crow Tribe of 
Indians of the State of Montana on behalf of itself and its 
members (but not its members in their capacities as allottees). 
SEC. 404. RATIFICATION OF COMPACT. 
(a) RATIFICATION OF COMPACT.— 
(1) IN
GENERAL.—Except as modified by this title, and 
to the extent the Compact does not conflict with this title, 
the Compact is authorized, ratified, and confirmed. 
(2) 
AMENDMENTS
TO
COMPACT.—If 
amendments 
are 
executed to make the Compact consistent with this title, those 
amendments are also authorized, ratified, and confirmed to 
the extent such amendments are consistent with this title. 
(b) EXECUTION OF COMPACT.— 
(1) IN GENERAL.—To the extent that the Compact does 
not conflict with this title, the Secretary is directed to and 
shall promptly execute the Compact, including all exhibits to 
or parts of the Compact requiring the signature of the Sec-
retary. 
(2) MODIFICATIONS.—Nothing in this title precludes the 
Secretary from approving modifications to appendices or 
exhibits to the Compact not inconsistent with this title, to 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00842
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3100 
PUBLIC LAW 111–291—DEC. 8, 2010 
the extent such modifications do not otherwise require Congres-
sional approval pursuant to section 2116 of the Revised Statutes 
(25 U.S.C. 177) or other applicable Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Compact, the Sec-
retary shall promptly comply with all applicable aspects of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), and all other applicable environmental Acts and regula-
tions. 
(2) EXECUTION OF THE COMPACT.— 
(A) IN GENERAL.—Execution of the Compact by the 
Secretary under this section shall not constitute a major 
Federal action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) COMPLIANCE.—The Secretary shall carry out all 
Federal compliance activities necessary to implement the 
Compact. 
SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION 
PROJECT. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
and without altering applicable law (including regulations) under 
which the Bureau of Indian Affairs collects assessments and carries 
out CIP OM&R, other than the rehabilitation and improvement 
carried out under this section, the Secretary, acting through the 
Commissioner of Reclamation, shall carry out such activities as 
are necessary to rehabilitate and improve the water diversion and 
delivery features of the Crow Irrigation Project, in accordance with 
an agreement to be negotiated between the Secretary and the 
Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 
as the lead agency with respect to any activity to rehabilitate 
or improve the water diversion or delivery features of the Crow 
Irrigation Project. 
(c) SCOPE.— 
(1) IN
GENERAL.—The scope of the rehabilitation and 
improvement under this section shall be as generally described 
in the document entitled ‘‘Engineering Evaluation of Existing 
Conditions, Crow Agency Rehabilitation Study’’ prepared by 
DOWL HKM, and dated August 2007 and updated in a status 
report dated December 2009 by DOWL HKM, on the condition 
that prior to beginning construction activities, the Secretary 
shall review the design of the proposed rehabilitation or 
improvement and perform value engineering analyses. 
(2) NEGOTIATION WITH TRIBE.—On the basis of the review 
described in paragraph (1), the Secretary shall negotiate with 
the Tribe appropriate changes to the final design so that the 
final design meets applicable industry standards, as well as 
changes, if any, that would improve the cost-effectiveness of 
the delivery of irrigation water and take into consideration 
the equitable distribution of water to allottees. 
(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(e) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $131,843,000, 
except that the total amount of $131,843,000 shall be increased 
Review. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00843
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3101 
PUBLIC LAW 111–291—DEC. 8, 2010 
or decreased, as appropriate, based on ordinary fluctuations from 
May 1, 2008, in construction cost indices applicable to the types 
of construction involved in the rehabilitation and improvement. 
(f) TRIBAL IMPLEMENTATION AGREEMENT.— 
(1) IN GENERAL.—At the request of the Tribe, in accordance 
with applicable Federal law, the Secretary shall enter into 
1 or more agreements with the Tribe to implement the provi-
sions of this section by which the Tribe shall plan, design, 
and construct any or all of the rehabilitation and improvement 
required by this section. 
(2) OVERSIGHT
COSTS.—The Bureau of Reclamation and 
the Tribe shall negotiate the cost of any oversight activities 
carried out by the Bureau of Reclamation for each agreement 
under this section, provided that the total cost for that oversight 
shall not exceed 4 percent of the total project costs. 
(g) ACQUISITION OF LAND.— 
(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
(A) IN GENERAL.—Upon request, and in partial consid-
eration for the funding provided under section 414(a), the 
Tribe shall consent to the grant of such easements and 
rights-of-way over tribal land as may be necessary for 
the rehabilitation and improvement of the Crow Irrigation 
Project authorized by this section at no cost to the United 
States. 
(B) JURISDICTION.—The Tribe shall retain criminal and 
civil jurisdiction over any lands that were subject to tribal 
jurisdiction prior to the granting of an easement or right- 
of-way in connection with the rehabilitation and improve-
ment of the Crow Irrigation Project. 
(2) USER
EASEMENTS
AND
RIGHTS-OF-WAY.—In partial 
consideration of the rehabilitation and improvement of the Crow 
Irrigation Project authorized by this section and as a condition 
of continued service from the Crow Irrigation Project after 
the enforceability date, any water user of the Crow Irrigation 
Project shall consent to the grant of such easements and rights- 
of-way as may be necessary for the rehabilitation and improve-
ments authorized under this section at no cost to the Secretary. 
(3) LAND ACQUIRED BY THE UNITED STATES.—Land acquired 
by the United States in connection with rehabilitation and 
improvement of the Crow Irrigation Project authorized by this 
section shall be held in trust by the United States on behalf 
of the Tribe as part of the Reservation of the Tribe. 
(h) 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 relating to the Crow 
Irrigation Project; 
(2) to improve management of inherently governmental 
activities through enhanced communication; and 
(3) to seek additional ways to reduce overall costs for 
the rehabilitation and improvement of the Crow Irrigation 
Project. 
Establishment. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00844
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3102 
PUBLIC LAW 111–291—DEC. 8, 2010 
SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner of Reclamation, shall plan, design, and construct the water 
diversion and delivery features of the MR&I System, in accordance 
with 1 or more agreements between the Secretary and the Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 
as the lead agency with respect to any activity to design and 
construct the water diversion and delivery features of the MR&I 
System. 
(c) SCOPE.— 
(1) IN GENERAL.—The scope of the design and construction 
under this section shall be as generally described in the docu-
ment entitled ‘‘Crow Indian Reservation Municipal, Rural and 
Industrial Water System Engineering Report’’ prepared by 
DOWL HKM, and dated July 2008 and updated in a status 
report dated December 2009 by DOWL HKM, on the condition 
that prior to beginning construction activities, the Secretary 
shall review the design of the proposed MR&I System and 
perform value engineering analyses. 
(2) NEGOTIATION WITH TRIBE.—On the basis of the review 
described in paragraph (1), the Secretary shall negotiate with 
the Tribe appropriate changes to the final design so that the 
final design meets applicable industry standards, as well as 
changes, if any, that would improve the cost-effectiveness of 
the delivery of MR&I System water and take into consideration 
the equitable distribution of water to allottees. 
(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(e) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $246,381,000, 
except that the total amount of $246,381,000 shall be increased 
or decreased, as appropriate, based on ordinary fluctuations from 
May 1, 2008, in construction cost indices applicable to the types 
of construction involved in the design and construction of the MR&I 
System. 
(f) TRIBAL IMPLEMENTATION AGREEMENT.— 
(1) IN GENERAL.—At the request of the Tribe, in accordance 
with applicable Federal law, the Secretary shall enter into 
1 or more agreements with the Tribe to implement the provi-
sions of this section by which the Tribe shall plan, design, 
and construct any or all of the rehabilitation and improvement 
required by this section. 
(2) OVERSIGHT
COSTS.—The Bureau of Reclamation and 
the Tribe shall negotiate the cost of any oversight activities 
carried out by the Bureau of Reclamation for each agreement 
under this section, provided that the total cost for that oversight 
shall not exceed 4 percent of the total project costs. 
(g) ACQUISITION OF LAND.— 
(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
(A) IN GENERAL.—Upon request, and in partial consid-
eration for the funding provided under section 414(b), the 
Tribe shall consent to the grant of such easements and 
rights-of-way over tribal land as may be necessary for 
the construction of the MR&I System authorized by this 
section at no cost to the United States. 
(B) JURISDICTION.—The Tribe shall retain criminal and 
civil jurisdiction over any lands that were subject to tribal 
Review. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00845
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3103 
PUBLIC LAW 111–291—DEC. 8, 2010 
jurisdiction prior to the granting of an easement or right- 
of-way in connection with the construction of the MR&I 
System. 
(2) LAND ACQUIRED BY THE UNITED STATES.—Land acquired 
by the United States in connection with the construction of 
the MR&I System authorized by this section shall be held 
in trust by the United States on behalf of the Tribe as part 
of the Reservation of the Tribe. 
(h) CONVEYANCE OF TITLE TO MR&I SYSTEM FACILITIES.—— 
(1) IN GENERAL.—The Secretary shall convey title to each 
MR&I System facility or section of a MR&I System facility 
authorized under subsection (a) to the Tribe after completion 
of construction of a MR&I System facility or a section of a 
MR&I System facility that is operating and delivering water. 
(2) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of the convey-
ance authorized by this subsection, the United States shall 
not be held liable by any court for damages of any kind 
arising out of any act, omission, or occurrence relating 
to the land, buildings, or facilities conveyed under this 
subsection, other than damages caused by acts of negligence 
committed by the United States, or by employees or agents 
of the United States, prior to the date of conveyance. 
(B) TORT CLAIMS.—Nothing in this 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’’). 
(3) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 
days before the date of a proposed conveyance of title to any 
MR&I System facility, the Secretary shall submit to the Com-
mittee on Natural Resources of the House of Representatives 
and to the Committee on Energy and Natural Resources of 
the Senate notice of the conveyance of each such MR&I System 
facility or section of a MR&I System facility. 
(4) MR&I SYSTEM
OM&R
OBLIGATION
OF
THE
FEDERAL 
GOVERNMENT
AFTER
CONVEYANCE.—The Federal Government 
shall have no obligation to pay for the operation, maintenance, 
or replacement costs of the MR&I System beginning on the 
date on which— 
(A) title to any MR&I System facility or section of 
a MR&I System facility under this subsection is conveyed 
to the Tribe; and 
(B) the amounts required to be deposited in the MR&I 
System OM&R Account pursuant to section 411 have been 
deposited in that account. 
(i) AUTHORITY OF TRIBE.—Upon transfer of title to the MR&I 
System or any section of a MR&I System facility to the Tribe 
in accordance with subsection (h), the Tribe is authorized to collect 
water use charges from customers of the MR&I System to cover— 
(1) MR&I System OM&R costs; and 
(2) any other costs relating to the construction and oper-
ation of the MR&I System. 
(j) ALIENATION AND TAXATION.—Conveyance of title to the Tribe 
pursuant to subsection (h) does not waive or alter any applicable 
Federal law prohibiting alienation or taxation of the MR&I System 
or the underlying Reservation land. 
Deadline. 
Effective date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00846
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3104 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
Consultation. 
Establishment. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00847
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3105 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Deadline. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00848
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3106 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00849
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3107 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Payment. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00850
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3108 
PUBLIC LAW 111–291—DEC. 8, 2010 
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, 
Effective date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00851
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3109 
PUBLIC LAW 111–291—DEC. 8, 2010 
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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00852
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3110 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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; 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00853
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3111 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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.); 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00854
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3112 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Time period. 
Federal Register, 
publication. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00855
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3113 
PUBLIC LAW 111–291—DEC. 8, 2010 
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.— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00856
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3114 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
Effective date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00857
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3115 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00858
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3116 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00859
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3117 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
Review. 
Deadlines. 
Effective date. 
Payments. 
Expiration date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00860
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3118 
PUBLIC LAW 111–291—DEC. 8, 2010 
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. 
Applicability. 
Deadline. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00861
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3119 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00862
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3120 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00863
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3121 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
Effective date. 
31 USC 1105 and 
note. 
Deadline. 
Notification. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00864
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3122 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Taos Pueblo 
Indian Water 
Rights 
Settlement Act. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00865
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3123 
PUBLIC LAW 111–291—DEC. 8, 2010 
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; 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00866
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3124 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00867
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3125 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Determination. 
Notice. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00868
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3126 
PUBLIC LAW 111–291—DEC. 8, 2010 
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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00869
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3127 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Deadline. 
Expiration date. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00870
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3128 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00871
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3129 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
New Mexico. 
Federal Register, 
publication. 
Contracts. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00872
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3130 
PUBLIC LAW 111–291—DEC. 8, 2010 
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, 
Publication. 
Notice. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00873
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3131 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00874
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3132 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00875
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3133 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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, 
Time period. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00876
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3134 
PUBLIC LAW 111–291—DEC. 8, 2010 
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— 
Aamodt 
Litigation 
Settlement Act. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00877
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3135 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00878
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3136 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00879
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3137 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
Deadline. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00880
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3138 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00881
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3139 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00882
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3140 
PUBLIC LAW 111–291—DEC. 8, 2010 
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; 
Deadline. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00883
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3141 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00884
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3142 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Contracts. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00885
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3143 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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). 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00886
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3144 
PUBLIC LAW 111–291—DEC. 8, 2010 
(3) APPLICABLE
LAW.—Water shall be allocated to the 
Pueblos and the County Water Utility under this subsection 
in accordance with— 
(A) this subtitle; 
(B) the Settlement Agreement; and 
(C) the Operating Agreement. 
(b) DELIVERY
OF
REGIONAL
WATER
SYSTEM
WATER.—The 
Authority shall deliver water from the Regional Water System— 
(1) to the Pueblos water in a quantity sufficient to allow 
full consumptive use of up to 2,500 acre-feet per year of water 
rights by the Pueblos in accordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this subtitle; and 
(2) to the County water in a quantity sufficient to allow 
full consumptive use of up to 1,500 acre-feet per year of water 
rights by the County Water Utility in accordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this subtitle. 
(c) ADDITIONAL USE OF ALLOCATION QUANTITY AND UNUSED 
CAPACITY.—The Regional Water System may be used to— 
(1) provide for use of return flow credits to allow for full 
consumptive use of the water allocated in the Settlement Agree-
ment to each of the Pueblos and to the County; and 
(2) convey water allocated to one of the Pueblos or the 
County Water Utility for the benefit of another Pueblo or the 
County Water Utility or allow use of unused capacity by each 
other through the Regional Water System in accordance with 
an intergovernmental agreement between the Pueblos, or 
between a Pueblo and County Water Utility, as applicable, 
if— 
(A) such intergovernmental agreements are consistent 
with the Operating Agreement, the Settlement Agreement, 
and this title; 
(B) capacity is available without reducing water 
delivery to any Pueblo or the County Water Utility in 
accordance with the Settlement Agreement, unless the 
County Water Utility or Pueblo contracts for a reduction 
in water delivery or Regional Water System capacity; 
(C) the Pueblo or County Water Utility contracting 
for use of the unused capacity or water has the right 
to use the water under applicable law; and 
(D) any agreement for the use of unused capacity or 
water provides for payment of the operation, maintenance, 
and replacement costs associated with the use of capacity 
or water. 
(d) INTERIM USE OF COUNTY CAPACITY.—In accordance with 
section 9.6.4 of the Settlement Agreement, the County may use 
unused capacity and water rights of the County Water Utility 
to supply water within the County outside of the Pojoaque Basin— 
(1) on approval by the State and the Authority; and 
(2) subject to the issuance of a permit by the New Mexico 
State Engineer. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00887
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3145 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00888
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3146 
PUBLIC LAW 111–291—DEC. 8, 2010 
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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00889
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3147 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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: 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00890
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3148 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00891
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3149 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00892
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3150 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
Federal Register, 
publication. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00893
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3151 
PUBLIC LAW 111–291—DEC. 8, 2010 
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. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00894
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3152 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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). 
Deadline. 
Notice. 
Deadline. 
Deadlines. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00895
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3153 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00896
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3154 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00897
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3155 
PUBLIC LAW 111–291—DEC. 8, 2010 
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— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00898
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3156 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
Time period. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00899
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3157 
PUBLIC LAW 111–291—DEC. 8, 2010 
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.— 
42 USC 653a 
note. 
26 USC 6402 
note. 
26 USC 6402. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00900
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3158 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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. 
Time periods. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00901
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3159 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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— 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00902
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3160 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00903
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3161 
PUBLIC LAW 111–291—DEC. 8, 2010 
‘‘(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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00904
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3162 
PUBLIC LAW 111–291—DEC. 8, 2010 
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 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00905
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3163 
PUBLIC LAW 111–291—DEC. 8, 2010 
(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’’. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00906
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 3164 
PUBLIC LAW 111–291—DEC. 8, 2010 
LEGISLATIVE HISTORY—H.R. 4783: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Mar. 10, considered and passed House. 
Nov. 19, considered and passed Senate, amended. 
Nov. 30, House concurred in Senate amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 
Dec. 8, Presidential remarks and statement. 
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. 
Approved December 8, 2010. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00907
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB