[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4783 Enrolled Bill (ENR)]
H.R.4783
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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 Resolution
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.
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.
TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT
SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT.
(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 connection 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 accordance 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
entitled 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
District Court for the District of Columbia shall have jurisdiction
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 Settlement,
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 Settlement,
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 Secretary
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
jurisdictions 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 Settlement,
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 provision of
law governing competition, public notification, or Federal
procurement or assistance, amounts in the Indian Education
Scholarship Holding Fund shall be made available, 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.
(4) Acquisition of trust or restricted land.--The Secretary may
acquire, at the discretion of the Secretary and in accordance with
the Land Consolidation Program, any fractional interest in trust or
restricted land.
(5) Treatment of unlocatable plaintiffs.--A Plaintiff, the
whereabouts of whom are unknown and who, after reasonable 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 Settlement 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 Plaintiffs 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 contemporaneous 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 beneficiaries 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 Attorneys' 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 District Court
for the District of Columbia, in exercising the discretion 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 members 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 Settlement 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 section
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
Administration 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 adjustment
under this subparagraph, otherwise receive a smaller Stage
2 payment than those Trust Administration 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 Administration Adjustment Fund
receives the same total payment under Stage 2 of the Settlement
after making the adjustments 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 Administration
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 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 conditions 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 Agreement''
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 Secretary 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,
Conservation, 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 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 Discrimination 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 Agreement 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
``subsection (g)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (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
``subsection (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 modifications
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 Department 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 Neutral
Adjudicator may, during the course of hearing claims, require
claimants to provide additional documentation and evidence if, in
the Neutral Adjudicator's judgment, the additional 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 attorneys' 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 contemporaneous time,
expenses, and cost records in support of a motion for such
fees, expenses, and costs.
(B) Effect on agreement.--Nothing in this paragraph limits
or otherwise affects the enforceability of provisions 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 contentions have
evidentiary support''.
(6) Distribution of claims determinations and settlement
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 aforementioned
settlement, and to any information and records generated, 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 statistical sampling of
adjudicated claims.
(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 QUANTIFICATION
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 accordance 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 Maricopa 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.
(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 contract (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 priority
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 stipulation) 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-Determination 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'' 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-reservation
trust land'' means land--
(A) located outside the exterior boundaries of the
reservation 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 responsibility for the
care, operation, maintenance, and replacement of the CAP system.
(18) Repayment contract.--The term ``repayment contract''
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 Executive 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 reservation.
(21) Secretary.--The term ``Secretary'' means the Secretary 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.
(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.--
(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 associated 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 permanent
relinquishment of the Harquahala Valley Irrigation District
CAP subcontract entitlement in accordance with the contract
numbered 3-07-30-W0290 among the District, Harquahala
Valley Irrigation District, 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 Secretary
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).
(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 determining 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 accordance 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 enforceability
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
objectives, 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) associated with the leased
water; and
(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 significantly
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.
(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 accordance 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) consistent with this
title, those amendments are authorized, ratified, 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 treatment
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
systems 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 pipeline,
provided that the additional connections may be added 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 proposed
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, incorporates
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 procedures,
emergency action plan, and first filling and monitoring
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;
(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 damages 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 Secretary 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.
(2) Effect of title.--Nothing in this title gives the Tribe or
any other party the right to judicial review of the determination
by the Secretary under subsection (d) except under subchapter 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 maintenance 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 subsection
(a), nothing in this title recognizes or establishes any right of a
member of the Tribe to water on the reservation.
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 obligations 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, forever,
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 Agreement 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 obligations under the
Agreement, is authorized to execute a waiver and release of any and
all claims against the Tribe, its members, 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 reservation
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.
(3) Claims against united states.--Except for the specifically
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 authorized 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 infrastructure) 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, forever
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 systems on
the reservation constructed prior to the enforceability date
that first accrued at any time prior to the enforceability
date, which waiver shall only become effective 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;
(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 manipulation 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 enforceability
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 judgment
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 judgment
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
enforceability 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-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; 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 Agreement or this
title, in any Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek enforcement
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 enforcement
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 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 otherwise
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
sections 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 Mountain 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 paragraph (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;
(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 Mountain
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 paragraphs
(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
boundaries 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 SETTLEMENT
SUBACCOUNT.
(a) Establishment.--There is established in the Lower Colorado
River Basin Development Fund a subaccount to be known as the ``White
Mountain Apache Tribe Water Rights Settlement Subaccount'', consisting
of--
(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 accordance 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 construction 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 available 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 expenditure or
withdrawal until the enforceability date.
SEC. 311. MISCELLANEOUS PROVISIONS.
(a) Limited Waiver of Sovereign Immunity.--
(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 paragraph
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 otherwise
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 Reclamation
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.).
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/2\
N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ 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. 4\1/2\ 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
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, 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
reservation 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
reservation 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''.
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 paragraph (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 paragraph
(2)(A); and
(B) the WMAT Maintenance Fund established by paragraph
(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
appropriated 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 subsection (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 available for expenditure from the Cost
Overrun Subaccount.
(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.
(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 accordance 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 subsection (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 Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(ii) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management 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 provisions 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 Secretary nor
the Secretary of the Treasury shall retain any liability
for the expenditure or investment of the amounts.
(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 subsections
(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 deposited 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
appropriations.--
(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 accordance with section
403(f)(4) of the Colorado River Basin Project Act (43 U.S.C.
1543(f)(4)).
(C) Use of interest.--The interest accrued on the amounts
invested under subparagraph (B) shall not be available for
expenditure or withdrawal until the enforceability 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 subsection (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 requirements 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).
TITLE IV--CROW TRIBE WATER RIGHTS SETTLEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Crow Tribe Water Rights Settlement
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-Montana
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;
(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 Annotated (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
settlement 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
(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
features 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 Secretary 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 department.
(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 Secretary.
(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 the extent such
modifications do not otherwise require Congressional 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 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.--
(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 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 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.
(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 consideration
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 improvement 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 improvements 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 composed 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.
SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--The Secretary, acting through the Commissioner 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 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 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 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.
(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 consideration
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
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 conveyance
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 provided in
chapter 171 of title 28, United States Code (commonly 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 Committee 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 operation
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.
(k) Technical Assistance.--The Secretary shall provide technical
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 composed 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 provide 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,
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--
(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 provisions
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.
(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 February 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 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)(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
Secretary.
(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 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. 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 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 title.
(2) Inclusions.--The allocation agreement under paragraph (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 obligation 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 industrial 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 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 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.--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 Secretary.
(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,
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, improvement, 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 subsection (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 benefits 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 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.
(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 capacities 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 enforceability 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 Compact
(including exhibits) or this title;
(E) subject to the retention of rights set forth in
subsection (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 enforceability date
arising from the taking or acquisition of the land of the Tribe
or resources for the construction of the Yellowtail Dam;
(G) all claims against the United States that first accrued
at any time prior to and including the enforceability 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.--Notwithstanding
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, Compensation,
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
sovereign, to take actions authorized by law, including any laws
relating to health, safety, or the environment, including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(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
jurisdiction, 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 membership
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 section
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 the amounts
made available to carry out this title are transferred 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 enactment of this Act.
(g) Expiration and Tolling.--In the event that all appropriations
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
otherwise waived shall be tolled until June 30, 2030.
(h) Voiding of Waivers.--If the waivers pursuant to this section
are void under subsection (g)--
(1) the United States' approval of the Compact under section
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 otherwise 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.--
(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 subsection (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 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).
(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 Administration.
(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 generation on
the Yellowtail Afterbay Dam authorized in section 412(b).
(ii) Development of clean coal conversion projects.
(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 irrigation
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 American 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 management
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 investment
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 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, 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--
(I) reasonable; and
(II) consistent with this title.
(5) Annual reports.--The Tribe shall submit to the Secretary
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 withdrawal 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 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 obligation on the part of the Tribe to withhold from
development or otherwise refrain from diverting or removing from
the Bighorn 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, provided 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 development 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 provisions
that--
(A) allocate the responsibilities for the design,
construction, 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
Reclamation, 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 guidelines 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 agreement and
at 5 year intervals thereafter; and
(ii) may increase or decrease the charges in proportion
to the amount of any increase or decrease in the costs of
operation, maintenance, and replacement 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 generated
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
subsection; 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 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 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.
(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 Compact;
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 provisions in
paragraphs (1) and (2) of article III (A)(6)(a), paragraphs (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.
(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 rehabilitation 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 construction 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 beginning 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 beginning 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 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 determination 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
(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, Tuberculosis, 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 Settlement
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 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 Settlement
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 Consumers
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;
(2) planning, permitting, designing, engineering, constructing,
reconstructing, replacing, rehabilitating, operating, or repairing
water production, treatment or delivery infrastructure, on-farm
improvements, or wastewater infrastructure;
(3) restoring, preserving and protecting the Buffalo Pasture,
including planning, permitting, designing, engineering,
constructing, operating, managing and replacing the Buffalo Pasture
Recharge Project;
(4) administering the Pueblo's water rights acquisition program
and water management and administration system; and
(5) watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and economic
development, and costs related to the negotiation, authorization,
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 Enforcement 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 withdraw
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 Secretary
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).
(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 Secretary 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 program 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 reasonable 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 available 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 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 permanently
alienate any rights it has under the Settlement Agreement, 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, provided
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, supersede,
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 appropriation,
use, development, storage, regulation, allocation, conservation,
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, engineer, 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
allocation of certain surface water flows between the Pueblo and
non-Indian irrigation water right owners in the community of Arroyo
Seco Arriba.
(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 valuable 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 repayment
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 be absorbed by the
United States Treasury or otherwise appropriated 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 Settlement 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 construction 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 Secretary 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 addition 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 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 entitled 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 publish
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 conflicts
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 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 Agreement 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 constructed 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, 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, diversion,
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 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) in the Rio Grande mainstream or its
tributaries or within the Taos 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.--Notwithstanding
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, interference 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
(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 Environmental
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 enactment 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, 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 pipelines, 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--
(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 Distribution
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 amendments thereto, including
any modifications which may be required by section 611(d)(2).
(10) Fund.--The term ``Fund'' means the Aamodt Settlement
Pueblos' Fund established by section 615(a).
(11) Operating agreement.--The term ``Operating Agreement''
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 section 8 of
Public Law 87-231 (75 Stat. 505).
(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
modified 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).
(B) Exclusions.--The term ``Regional Water System'' does
not include the County or Pueblo water supply delivered 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 Secretary 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 Commissioner 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 distribution
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. 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 construction 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 agreement
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 Settlement
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 Education
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 subparagraph (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 Facilities
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 described
in the Cost-Sharing and System Integration Agreement for
construction of the Regional Water System and would necessitate
funds in excess of the amount made available pursuant 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 contributions to ensure that the
Regional Water System can be completed 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 Operating 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 Distribution 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 Secretary
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 portion 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 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 provided in
chapter 171 of title 28, United States Code (commonly 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 wastewater 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 Agreement 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 Operating
Agreement is consistent with this title, the Settlement Agreement, 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
Facilities; and
(iii) distribution lines that serve both--
(I) the County Distribution System; and
(II) the Pueblo Water Facilities;
(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 infrastructure 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 provide
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 shortage 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 section 611(h),
including provisions to--
(A) ensure that--
(i) the operation of, and the diversion and conveyance
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.
(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 paragraphs (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 pursuant 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 distribution of San Juan-
Chama Project water or the management or operation 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
(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 nonreturnable.
(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 Obligations.--
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).
(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 Agreement
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.
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 Secretary nor the
Secretary of the Treasury shall retain any liability for the
expenditure or investment of the amounts withdrawn.
(5) Expenditure plan.--
(A) In general.--The Pueblos shall submit to the Secretary
for approval an expenditure plan for any portion of the amounts
in the Fund that the Pueblos do not withdraw 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 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 substantially 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 appropriated, 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 environmental 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.
(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 entitled 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 determined 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 entitled 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:
(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 rehabilitation,
improvement, operation, maintenance, and replacement of the
agricultural delivery facilities, waste water systems, and
other water-related infrastructure 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 obligation to
pay for the operation, maintenance, and replacement 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 entitled 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 pursuant to
paragraph (2) expires.
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 Agreement and the
Cost-Sharing and System Integration Agreement (including any amendments
that are necessary to make the Settlement Agreement or the Cost-Sharing
and System Integration Agreement 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 Settlement
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 Environmental 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
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 publish
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 conflicts
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 appropriate
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 consumptive 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 subtitle and that
substantially conforms to the Settlement 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 otherwise 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 Distribution 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.
(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 completion 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 Secretary 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).
(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 otherwise 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 Integration
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 benefits, 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 enactment 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 damages,
losses, injuries, interference with, diversion, or taking) for land
within the Pojoaque Basin that accrued at any time up to and
including the waiver effectiveness date identified in section
623(d);
(4) their defenses in the Aamodt Case to the claims previously
asserted therein by other parties to the Settlement Agreement;
(5) all pending and future inter se challenges to the
quantification 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 groundwater 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 groundwater 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 proceeding,
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 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.--Notwithstanding
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 Agreement;
(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 implementing those laws;
(6) all claims against the United States 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);
(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--
(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, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act
(42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), 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 enactment 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, Tuberculosis, 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 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 compensation debt'';
(C) in subparagraph (C), by striking ``due to fraud'' and
inserting `` is not a covered unemployment compensation 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.--
(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 amendment 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 responsible
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 enactment 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.
(b) Healthy Marriage Promotion and Responsible Fatherhood 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 combined 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
parenting skills, financial management, conflict
resolution, 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 following:
``(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 purpose
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 paragraph
for fiscal year 2011, the Secretary shall give preference to
entities that were awarded funds under this paragraph for any
prior fiscal year and that have demonstrated the ability to
successfully carry out the programs funded under this
paragraph.''.
(c) Contingency Fund.--Section 403(b)(2) of the Social Security 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 Resolution 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--
(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 individual
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 reasonably
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
``(cc) the number of work-eligible individuals
engaged in such activity exceeds a limitation 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 services.--
``(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
requirements 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 engagement in
additional activities.--Concurrent with the submission 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 engagement in work
activities from what was (or will be) reported by the State in
the quarterly report submitted under subsection (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 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 September
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 summary and analysis of such
information, identification of any States with missing or
incomplete reports, and recommendations for such administrative
or legislative changes as the Secretary determines are
necessary to require eligible States to report the information
on a recurring basis
``(5) Authority for expeditious implementation.--The
requirements of chapter 5 of title 5, United States Code (commonly
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 implementation 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 section
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 succeeding 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 (i) with
respect to a fiscal year based on the degree of
noncompliance.''.
(2) Application of reasonable cause exception.--Section
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
Reconciliation 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''.
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 Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.