[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3355 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3355

To authorize the Crow Tribe of Indians water rights settlement, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 29 (legislative day, July 28), 2008

Mr. Tester (for himself and Mr. Baucus) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the Crow Tribe of Indians water rights settlement, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crow Tribe Water Rights Settlement 
Act of 2008''.

SEC. 2. PURPOSES.

    The purposes of this Act 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-
        Montana Water Rights Compact entered into by the Tribe and the 
        State 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 Act; and
            (4) to authorize the appropriation of funds necessary for 
        the implementation of the Compact and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (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 on the map attached as appendix 5 to 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 contained in section 
        85-20-901 of the Montana Code Annotated (2007) (including any 
        exhibit or part of 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;
                                    (II) Big Horn;
                                    (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) Crow settlement fund.--The term ``Crow Settlement 
        Fund'' means the fund established by section 11(a).
            (7) Economic development.--The term ``Economic 
        Development'' means any activity the Tribe determines to 
        further the economic development of the Tribe.
            (8) 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 10(e).
            (9) Final.--The term ``final'' with reference to approval 
        of the decree described in section 10(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 
                Annotated (2007), 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 the United States 
                Supreme Court's mandate, whichever occurs last.
            (10) 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).
            (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 HKM Engineering, Inc., and dated July 2008.
                    (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 Big Horn River Valley 
                                Subsystem; and
                                    (II) the Little Big Horn River 
                                Valley Subsystem.
            (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 
                features of the MR&I System.
            (13) Reservation.--The term ``Reservation'' means the area 
        identified on the map attached as appendix 4 to the Compact.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (15) State.--The term ``State'' means the State of Montana.
            (16) 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 department.
            (17) Tribal water code.--The term ``tribal water code'' 
        means a water code adopted by the Tribe in accordance with 
        section 7(f).
            (18) Tribal water rights.--The term ``tribal water rights'' 
        means--
                    (A) the water rights of the Tribe described in the 
                Compact; and
                    (B) the water rights provided to the Tribe under 
                section 8.
            (19) 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).
            (20) Yellowtail dam om&r.--The term ``Yellowtail Dam OM&R'' 
        means the charges levied by the Bureau of Reclamation for 
        operation, maintenance, and repair costs in association with 
        storage contracts for water stored in Bighorn Lake.
            (21) Water development project.--The term ``Water 
        Development Project'' means any future potable water system 
        developed by the Tribe to serve the other portions of the 
        Reservation, or such water development projects as the Tribe 
        determines to be appropriate to fulfill the water needs of its 
        members.

SEC. 4. RATIFICATION OF COMPACT.

    (a) In General.--Except as modified by this Act, and to the extent 
the Compact does not conflict with this Act, the Compact is authorized, 
ratified, and confirmed. To the extent amendments to the Compact are 
executed that are consistent with this Act, such amendments are also 
authorized, ratified, and confirmed.
    (b) Execution of Compact.--To the extent that the Compact does not 
conflict with this Act, 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 Secretary.
    (c) National Environmental Policy Act of 1969.--
            (1) Environmental compliance.--In implementing the Compact, 
        the Secretary 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 
        regulations.
            (2) Execution of the compact.--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.). The Secretary is directed to 
        carry out all Federal compliance necessary to implement the 
        Compact.

SEC. 5. REHABILITATION AND IMPROVEMENT OF THE CROW IRRIGATION PROJECT.

    (a) In General.--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.--The scope of the rehabilitation and improvement under 
this section shall be as described in the document entitled 
``Engineering Evaluation of Existing Conditions, Crow Agency 
Rehabilitation Study'' prepared by HKM Engineering, Inc., and dated 
July 2008.
    (d) Costs to Tribe.--Costs incurred by the Secretary in carrying 
out an agreement under subsection (a) that are allocated to the Tribe 
shall be nonreimbursable.
    (e) Funding.--The Secretary's obligation pursuant to this section 
shall not exceed $160,653,000, except that the total amount of 
$160,653,000 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 rehabilitation 
and improvement.
    (f) Agreement.--At the request of the Tribe, in accordance with 
applicable Federal law, the Secretary shall enter into an agreement 
with the Tribe to implement the provisions of this section by which the 
Tribe shall plan, design, and construct any or all of the 
rehabilitation and improvement required by this section.
    (g) Effect of Act.--Nothing in this Act affects any responsibility 
of the Secretary relating to the operation, maintenance, or repair of 
the Crow Irrigation Project.

SEC. 6. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out such activities as are necessary to design 
and construct the water diversion and delivery features of the MR&I 
System, 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 design and construct the water 
diversion and delivery features of the MR&I System.
    (c) Scope.--The scope of the design and construction under this 
section shall be as described in the document entitled ``Crow Indian 
Reservation Municipal, Rural and Industrial Water System Engineering 
Report'' prepared by HKM Engineering, Inc., and dated July 2008.
    (d) Costs to Tribe.--Costs incurred by the Secretary in carrying 
out an agreement under subsection (a) that are allocated to the Tribe 
shall be nonreimbursable.
    (e) Funding.--The Secretary's obligation pursuant to this section 
shall not exceed $200,840,000, except that the total amount of 
$200,840,000 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.
    (f) Agreement.--At the request of the Tribe, in accordance with 
applicable Federal law, the Secretary shall enter into an agreement 
with the Tribe to implement the provisions of this section by which the 
Tribe shall plan, design, and construct any or all of the design and 
construction required by this section.

SEC. 7. TRIBAL WATER RIGHTS.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to or exceed the benefits 
allottees currently possess, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act 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).
    (b) Confirmation of Tribal Water Rights.--
            (1) In general.--The tribal water rights are ratified, 
        confirmed, 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 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.
    (d) Allottees.--As specified in and provided for in this Act:
            (1) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the tribal 
        water rights.
            (2) Allocations.--Allottees shall be entitled to a just and 
        equitable allocation of water for irrigation purposes.
            (3) Satisfaction of claims.--The water rights and other 
        benefits granted by this Act shall be considered full 
        satisfaction of any claim of an allottee waived pursuant to 
        section 10(a)(2).
            (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 February 
        8, 1887 (25 U.S.C. 381), or other applicable law.
            (6) Authority.--The Secretary shall have the authority to 
        protect allottees' rights as specified in this section.
    (e) Authority of Tribe.--
            (1) In general.--Except as provided in paragraph (2), the 
        Tribe shall have sole 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), 
        and subject to the tribal water code and applicable tribal and 
        Federal law, an allottee may, pursuant to the tribal water 
        code, 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 1 year 
        after the enforceability date, 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 Act;
                    (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 disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; 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)(5).
            (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 Secretary.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual 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. 8. 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 
        Missouri 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.
                    (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 
        conditions of the allocation, in accordance with the terms and 
        conditions of the Compact and this Act.
            (2) Inclusions.--The allocation agreement under paragraph 
        (1) shall include, among other things, a provision that--
                    (A) it 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 
                        obligation of the Tribe; and
                    (F) no water service capital charges shall be due 
                or payable for any water allocated to the Tribe 
                pursuant to this Act 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).
    (c) Temporary Transfer for Use Off Reservation.--
            (1) In general.--Notwithstanding any other provision of 
        statutory or common law, subject to paragraph (2), on approval 
        of the Secretary and subject to the terms and conditions of the 
        Compact, the Tribe may enter into a service contract, 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 allocated 
        under subsection (a)(1)(A).
    (d) Remaining Storage.--
            (1) In general.--Upon 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 
        Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        prevents the Secretary from 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 entering into future 
        agreements with the Northern Cheyenne or Crow Tribes 
        facilitating the Northern Cheyenne and Crow Tribes' use of 
        their allocations of water from Bighorn Lake.

SEC. 9. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided to the Tribe and the 
allottees under the Compact and this Act shall be considered to 
completely satisfy all claims of the Tribe and the allottees waived and 
released pursuant to section 10.
    (b) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in section 7(d), nothing in this Act recognizes 
or establishes any right of a member of the Tribe or an allottee to 
water within the Reservation or the ceded strip.

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Claims for water rights by the tribe on behalf of 
        itself and its members (but not its members in their capacities 
        as allottees) and by the united states on behalf of the tribe 
        and its members (but not members in their capacities as 
        allottees).--Subject to the retention of rights set forth in 
        subsection (c), as consideration for the benefits granted under 
        the Compact and this Act, the Tribe, on behalf of the Tribe and 
        tribal members (but not tribal members in their capacities as 
        allottees) is authorized, and the United States, on behalf of 
        the Tribe and its members (but not members in their capacities 
        as allottees), is authorized and directed, to execute a waiver 
        and release of any claims for water rights, including claims 
        based on aboriginal title, within the State arising from time 
        immemorial up to and including the enforceability date, except 
        to the extent that such claims are recognized in the Compact or 
        this Act.
            (2) Claims for water rights by the united states on behalf 
        of allottees.--Subject to the retention of rights set forth in 
        subsection (c), the United States on behalf of allottees, as 
        consideration for the benefits granted under the Compact and 
        this Act, is authorized and directed to execute a waiver and 
        release of any claims for water rights, including claims based 
        on aboriginal title, within the Reservation and the ceded strip 
        arising from time immemorial and, thereafter, forever, except 
        to the extent that such claims are recognized in the Compact or 
        this Act.
            (3) Waiver and release of claims against the united 
        states.--Subject to the retention of rights set forth in 
        subsection (c), the Tribe, on behalf of the Tribe and tribal 
        members (but not members in their capacities as allottees), as 
        consideration for the benefits granted under the Compact and 
        this Act, is authorized to execute a waiver and release of any 
        claims against the United States (or agencies, or employees of 
        the United States) under Federal, State, or other law for--
                    (A) all claims that the Tribe may have against the 
                United States, its agencies, or employees, arising out 
                of, resulting from, or relating in any manner to claims 
                for water rights in the State that the United States 
                acting in its capacity as trustee for the Tribe 
                asserted, or could have asserted, in any court 
                proceeding at any time up to and including the date of 
                enactment of this Act;
                    (B) all claims relating to damages, losses, 
                injuries to water, land, or other trust resources due 
                to loss of water or water rights, including claims of 
                interference with, diversion or taking of water, or 
                claims relating to failure to protect, acquire, 
                replace, or develop water or water rights within the 
                State of Montana that accrued at any time up to and 
                including the date of enactment of this Act and that 
                the Tribe asserted or could have asserted in any court 
                against the United States, its agencies, or employees;
                    (C) all claims arising out of, resulting from or 
                relating in any manner to the litigation of claims 
                relating to the Tribe's water rights in the State that 
                accrued at any time up to and including the date of 
                enactment of this Act; and
                    (D) all claims arising out of, resulting from, or 
                relating in any manner to the negotiation, execution, 
                or the adoption of the Compact or the Act at any time 
                up to and including the date of enactment of this Act.
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Retention of Rights.--Notwithstanding any other provision of 
this Act or the Compact, the Tribe, on behalf of itself and tribal 
members (but not members in their capacities as allottees), and the 
United States, acting as trustee for the Tribe, tribal members, and the 
allottees, retain the right to assert--
            (1) claims for enforcement of the Compact, this Act, and 
        any judgment and decree issued by any court of appropriate 
        jurisdiction in connection with the approval of the Compact or 
        this Act;
            (2) claims for enforcement of any water rights acquired 
        after the date of enactment of this Act;
            (3) any and all claims relating to activities affecting the 
        quality of water;
            (4) any objections to any claims for water rights under 
        State law by or for any parties in the Montana statewide 
        adjudication of water rights under title 85 of part 2, Montana 
        Code Annotated (2007); and
            (5) claims for all rights, privileges, immunities, and 
        powers not specifically waived and released pursuant to 
        subsection (a) or article VII(E) of the Compact.
    (d) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the authority of the United States, acting in a 
        sovereign capacity, to carry out any other Federal law 
        (including regulations), including laws relating to health, 
        safety, or the environment, such as--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.); and
                    (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.) (commonly known as the ``Resource Conservation 
                and Recovery Act of 1976'');
            (2) affects the authority of the United States to carry out 
        any activity as a trustee for any Indian tribe other than the 
        Tribe (or for any allottee of such an Indian tribe); or
            (3) confers on any State court jurisdiction--
                    (A) to enforce Federal environmental law regarding 
                the duties of the United States; or
                    (B) to conduct judicial review of any Federal 
                agency action.
    (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) the Montana Water Court has issued a final 
                judgment and decree approving the Compact, or if the 
                Montana Water Court is found to lack jurisdiction, the 
                United States District Court of jurisdiction has 
                approved the Compact as a consent decree and such 
                approval is final;
                    (B) $44,000,000 has been deposited in the Crow 
                Settlement Fund;
                    (C) the Secretary has fulfilled his obligations to 
                negotiate an agreement with the Tribe in accordance 
                with sections 5(a) and 6(a);
                    (D) the State has appropriated and paid into an 
                interest-bearing escrow account any payments then due 
                to the Tribe under the Compact;
                    (E) the Tribe has ratified the Compact by 
                submitting the Act and the Compact to a vote by the 
                tribal membership for approval or disapproval and the 
                tribal membership has voted to approve the Act and the 
                Compact by a majority of votes cast on the day of the 
                vote, as certified by the Secretary and the Tribe; and
                    (F) the Secretary has fulfilled the requirements of 
                section 8(a).
    (f) Failure of Enforceability Date To Occur.--If, because of the 
failure the enforceability date to occur by December 31, 2014, this 
section does not become effective, the Tribe, tribal members, and 
allottees, and the United States on behalf of the Tribe, tribal 
members, and allottees, shall retain the right to assert any and all 
claims for water within the State of Montana.
    (g) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the date on which 
        the amounts authorized to be appropriated to carry out this Act 
        are appropriated.
            (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 
        enactment of this Act.

SEC. 11. CROW SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Crow Settlement Fund, consisting of such amounts as 
are deposited in the fund under subsections (c) through (h) of section 
14.
    (b) Accounts of Crow Settlement Fund.--The Secretary shall 
establish in the Crow Settlement Fund the following accounts:
            (1) The Tribal Compact Administration account, consisting 
        of amounts authorized pursuant to section 14(c).
            (2) The Economic Development account, consisting of 
        authorized pursuant to section 14(d).
            (3) The Water Development Projects account, consisting of 
        authorized pursuant to section 14(e).
            (4) The MR&I System OM&R account, consisting of authorized 
        pursuant to section 14(f).
            (5) The Yellowtail Dam OM&R account, consisting of amounts 
        authorized pursuant to section 14(g).
            (6) The CIP OM&R account, consisting of authorized pursuant 
        to section 14(h).
    (c) Deposits to Crow Settlement Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        promptly deposit in the Crow Settlement Fund any amounts 
        appropriated for that purpose.
            (2) Deposits to accounts.--The Secretary of the Treasury 
        shall deposit amounts in the accounts of the Crow Settlement 
        Fund established under subsection (b) in descending order of 
        priority, with highest priority given to the Tribal Compact 
        Administration account established under subsection (b)(1).
    (d) Management.--
            (1) In general.--The Secretary shall manage the Crow 
        Settlement Fund, make investments from the Crow Settlement 
        Fund, and make monies available from the Crow Settlement 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.) (referred to in this subsection as the ``Trust Fund 
        Reform Act'').
            (2) Investment of crow settlement fund.--The Secretary 
        shall invest amounts in the Crow Settlement 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);
                    (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 Tennessee 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); and
                    (D) the obligations referred to in section 201 of 
                the Social Security Act (42 U.S.C. 401).
            (3) Distributions from crow settlement fund.--The Secretary 
        shall disburse funds from the Crow Settlement Fund in 
        accordance with this section, as follows:
                    (A) Tribal compact administration account.--The 
                Secretary shall make expenditures from this account for 
                expenditures by the Tribe for Tribal Compact 
                Administration, upon request by the Tribe for an 
                expenditure included in the definition of Tribal 
                Compact Administration.
                    (B) Economic development account.--The Secretary 
                shall disburse funds from this account to the Tribe 
                upon the Tribe's presentation of an economic 
                development project proposed to be funded for an 
                expenditure included in the definition of Economic 
                Development.
                    (C) Water development project account.--The 
                Secretary shall disburse funds from this account to the 
                Tribe upon the Tribe's presentation of a request for 
                funding for a project included in the definition of 
                Water Development Project.
                    (D) Yellowtail dam om&r account.--The Secretary 
                shall expend interest accrued on the funds from this 
                account in the prior fiscal year for Yellowtail Dam 
                OM&R costs in the subsequent year. The interest 
                expended by the Secretary shall be used to reduce the 
                Yellowtail Dam OM&R costs to all tribal water users on 
                a pro rata basis for that year.
                    (E) CIP om&r account.--The Secretary shall expend 
                interest accrued on the funds from this account in the 
                prior fiscal year for CIP OM&R costs in the subsequent 
                year. The interest expended by the Secretary shall be 
                used to reduce the CIP OM&R costs to all tribal water 
                users on a pro rata basis for that year.
            (4) Withdrawals by tribe.--
                    (A) In general.--The Tribe may withdraw any portion 
                of amounts in the Crow Settlement Fund on approval by 
                the Secretary of a tribal management plan in accordance 
                with the Trust Fund Reform Act.
                    (B) Requirements.--
                            (i) In general.--In addition to the 
                        requirements under the Trust Fund Reform Act, 
                        the tribal management plan of the Tribe under 
                        subparagraph (A) shall require that the Tribe 
                        spend any amounts withdrawn from the Crow 
                        Settlement Fund in accordance with this Act.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial or administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce a tribal management plan to ensure that 
                        amounts withdrawn by the Tribe from the Crow 
                        Settlement Fund under this paragraph are used 
                        in accordance with this Act.
                    (C) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from the Crow 
                Settlement 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 expenditure plan for any portion of 
                        the amounts described in subparagraph (A) that 
                        the Tribe elects not to withdraw 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, 
                        funds of the Tribe remaining in the Crow 
                        Settlement 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--
                                    (I) reasonable; and
                                    (II) consistent with this Act.
            (5) Annual reports.--The Tribe shall submit to the 
        Secretary annual reports describing each expenditure by the 
        Tribe of amounts in the Crow Settlement Fund during the 
        preceding calendar year.
            (6) Certain per capita distributions prohibited.--No amount 
        in the Crow Settlement Fund shall be distributed to any member 
        of the Tribe on a per capita basis.
    (e) Availability.--The amounts in the Crow Settlement Fund shall be 
available for use by the Secretary and withdrawal by the Tribe 
beginning on the enforceability date.
    (f) State Contribution.--The State contribution shall be provided 
in accordance with article VI(A) of the Compact.

SEC. 12. YELLOWTAIL DAM, MONTANA.

    (a) Streamflow and Lake Level Management Plan.--
            (1) In accordance with Federal approval of the Compact, the 
        Secretary is not limited from exercising discretion as provided 
        in section 4F of the Streamflow and Lake Level Management Plan 
        referred to in and part of the Compact.
            (2) Bighorn Lake water management, including the Streamflow 
        and Lake Level Management Plan, is a Federal activity and 
        review and enforcement of any water management decisions shall 
        be as provided by Federal law.
            (3) 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).
    (b) Power Generation.--
            (1) Notwithstanding any other provision of law, the Tribe 
        shall have the exclusive right to develop and market power 
        generation as a water development project on the Yellowtail 
        Afterbay Dam.
            (2) The Bureau of Reclamation shall cooperate with the 
        Tribe on such project.
            (3) Any hydroelectric power generated under this provision 
        shall be used or marketed by the Tribe.
            (4) The Tribe shall retain any revenues from the sale of 
        hydroelectric power generated under this provision.
            (5) The United States shall have no trust obligation to 
        monitor, administer, or account for the revenues received by 
        the Tribe, or the expenditure of the revenues.
    (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 Bureau's management of Yellowtail Dam.

SEC. 13. 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 Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
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 Act 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.
            (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.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Rehabilitation and Improvement of Crow Irrigation Project.--
There is authorized to be appropriated $160,653,000, adjusted to 
reflect changes since May 1, 2008, under section 5(d) for the 
rehabilitation and improvement of the Crow Irrigation Project.
    (b) Design and Construction of MR&I System.--There is authorized to 
be appropriated $200,840,000, adjusted to reflect changes since May 1, 
2008, under section 6(d) for the design and construction of the MR&I 
System.
    (c) Tribal Compact Administration.--There is authorized to be 
appropriated $4,000,000 for Tribal Compact Administration.
    (d) Economic Development Projects.--There is authorized to be 
appropriated $40,000,000 for Economic Development Projects.
    (e) Water Development Projects.--There is authorized to be 
appropriated $37,594,000 (as adjusted to reflect changes during the 
period beginning on May 1, 2008, and ending on the date of 
appropriation) for Water Development Projects.
    (f) MR&I System OM&R.--There is authorized to be appropriated 
$40,513,000 (as adjusted to reflect changes during the period beginning 
on May 1, 2008, and ending on the date of appropriation) for MR&I OM&R.
    (g) Yellowtail Dam OM&R.--There is authorized to be appropriated 
$30,876,000 (as adjusted to reflect changes during the period beginning 
on May 1, 2008, and ending on the date of appropriation) for Yellowtail 
Dam OM&R.
    (h) CIP OM&R.--There is authorized to be appropriated $12,736,000 
(as adjusted to reflect changes during the period beginning on May 1, 
2008, and ending on the date of appropriation) for CIP OM&R.
    (i) Environmental Compliance.--There are authorized to be 
appropriated such sums as are necessary to carry out all necessary 
environmental compliance activities undertaken by the Secretary 
associated with the Compact and this Act.
    (j) Bureau of Reclamation Costs for Crow Irrigation Project.--There 
are authorized to be appropriated such sums as are necessary for the 
Bureau of Reclamation to carry out its role as lead agency for the 
rehabilitation and improvement of the Crow Irrigation Project.
    (k) Bureau of Reclamation Costs for MR&I System.--There are 
authorized to be appropriated such sums as are necessary for the Bureau 
of Reclamation to carry out its role as lead agency for the design and 
construction of the MR&I System.

SEC. 15. REPEAL ON FAILURE TO MEET EFFECTIVE DATE.

    If the Secretary does not publish a statement of findings under 
section 10(e) by December 31, 2014--
            (1) this Act is repealed effective January 1, 2015, and any 
        action taken by the Secretary and any contract or agreement 
        pursuant to the authority provided under any provision of this 
        Act shall be void;
            (2) any amounts appropriated under section 14, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (3) any amounts made available under section 14 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.
                                 <all>