[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 375 Reported in Senate (RS)]

                                                       Calendar No. 259
111th CONGRESS
  2d Session
                                 S. 375

                          [Report No. 111-118]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

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

                            January 21, 2010

               Reported by Mr. Dorgan, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Crow Tribe Water Rights 
Settlement Act of 2009''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to achieve a fair, equitable, and final 
        settlement of claims to water rights in the State of Montana 
        for--</DELETED>
                <DELETED>    (A) the Crow Tribe; and</DELETED>
                <DELETED>    (B) the United States for the benefit of 
                the Tribe and allottees;</DELETED>
        <DELETED>    (2) to authorize, ratify, and confirm the Crow 
        Tribe-Montana Water Rights Compact entered into by the Tribe 
        and the State on June 22, 1999;</DELETED>
        <DELETED>    (3) to authorize and direct the Secretary of the 
        Interior--</DELETED>
                <DELETED>    (A) to execute the Crow Tribe-Montana 
                Water Rights Compact; and</DELETED>
                <DELETED>    (B) to take any other action necessary to 
                carry out the Compact in accordance with this Act; 
                and</DELETED>
        <DELETED>    (4) to authorize the appropriation of funds 
        necessary for the implementation of the Compact and this 
        Act.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Allottee.--The term ``allottee'' means any 
        individual who holds a beneficial real property interest in an 
        allotment of Indian land that is--</DELETED>
                <DELETED>    (A) located within the Reservation or the 
                ceded strip; and</DELETED>
                <DELETED>    (B) held in trust by the United 
                States.</DELETED>
        <DELETED>    (2) Ceded strip.--The term ``ceded strip'' means 
        the area identified on the map attached as appendix 5 to the 
        Compact.</DELETED>
        <DELETED>    (3) CIP om&r.--The term ``CIP OM&R'' means--
        </DELETED>
                <DELETED>    (A) any recurring or ongoing activity 
                associated with the day-to-day operation of the Crow 
                Irrigation Project;</DELETED>
                <DELETED>    (B) any activity relating to scheduled or 
                unscheduled maintenance of the Crow Irrigation Project; 
                and</DELETED>
                <DELETED>    (C) any activity relating to replacement 
                of a feature of the Crow Irrigation Project.</DELETED>
        <DELETED>    (4) Compact.--The term ``Compact'' means the water 
        rights compact between the Tribe and the State contained in 
        section 85-20-901 of the Montana Code Annotated (2007) 
        (including any exhibit or part of or amendment to the 
        Compact).</DELETED>
        <DELETED>    (5) Crow irrigation project.--</DELETED>
                <DELETED>    (A) In general.--The term ``Crow 
                Irrigation Project''means the irrigation project--
                </DELETED>
                        <DELETED>    (i) authorized by section 31 of 
                        the Act of March 3, 1891 (26 Stat. 
                        1040);</DELETED>
                        <DELETED>    (ii) managed by the Secretary 
                        (acting through the Bureau of Indian Affairs); 
                        and</DELETED>
                        <DELETED>    (iii) consisting of the project 
                        units of--</DELETED>
                                <DELETED>    (I) Agency;</DELETED>
                                <DELETED>    (II) Big Horn;</DELETED>
                                <DELETED>    (III) Forty 
                                Mile;</DELETED>
                                <DELETED>    (IV) Lodge Grass 
                                #1;</DELETED>
                                <DELETED>    (V) Lodge Grass 
                                #2;</DELETED>
                                <DELETED>    (VI) Pryor;</DELETED>
                                <DELETED>    (VII) Reno;</DELETED>
                                <DELETED>    (VIII) Soap Creek; 
                                and</DELETED>
                                <DELETED>    (IX) Upper Little 
                                Horn.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (6) Crow settlement fund.--The term ``Crow 
        Settlement Fund'' means the fund established by section 
        11(a).</DELETED>
        <DELETED>    (7) Economic development.--The term ``Economic 
        Development'' means any activity the Tribe determines to 
        further the economic development of the Tribe.</DELETED>
        <DELETED>    (8) Enforceability date.--The term 
        ``enforceability date'' means the date on which the Secretary 
        publishes in the Federal Register the statement of findings 
        described in section 10(e).</DELETED>
        <DELETED>    (9) Final.--The term ``final'' with reference to 
        approval of the decree described in section 10(e)(1)(A) means--
        </DELETED>
                <DELETED>    (A) completion of any direct appeal to the 
                Montana Supreme Court of a decree by the Montana Water 
                Court pursuant to section 85-2-235 of the Montana Code 
                Annotated (2007), including the expiration of time for 
                filing of any such appeal; or</DELETED>
                <DELETED>    (B) completion of any appeal to the 
                appropriate United States Court of Appeals, including 
                the expiration of time in which a petition for 
                certiorari may be filed in the United States Supreme 
                Court, denial of such petition, or issuance of the 
                United States Supreme Court's mandate, whichever occurs 
                last.</DELETED>
        <DELETED>    (10) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    (11) 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).</DELETED>
        <DELETED>    (12) MR&I system.--</DELETED>
                <DELETED>    (A) In general.--The term ``MR&I System'' 
                means the municipal, rural, and industrial water system 
                of the Reservation, generally described in the document 
                entitled ``Crow Indian Reservation Municipal, Rural and 
                Industrial Water System Engineering Report'' prepared 
                by HKM Engineering, Inc., and dated July 
                2008.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``MR&I System'' 
                includes--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in descending order of 
                        construction priority--</DELETED>
                                <DELETED>    (I) the Big Horn River 
                                Valley Subsystem; and</DELETED>
                                <DELETED>    (II) the Little Big Horn 
                                River Valley Subsystem.</DELETED>
        <DELETED>    (13) MR&I system om&r.--The term ``MR&I System 
        OM&R'' means--</DELETED>
                <DELETED>    (A) any recurring or ongoing activity 
                associated with the day-to-day operation of the MR&I 
                System;</DELETED>
                <DELETED>    (B) any activity relating to scheduled or 
                unscheduled maintenance of the MR&I System; 
                and</DELETED>
                <DELETED>    (C) any activity relating to replacement 
                of project features of the MR&I System.</DELETED>
        <DELETED>    (14) Reservation.--The term ``Reservation'' means 
        the area identified on the map attached as appendix 4 to the 
        Compact.</DELETED>
        <DELETED>    (15) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (16) State.--The term ``State'' means the State of 
        Montana.</DELETED>
        <DELETED>    (17) Tribal compact administration.--The term 
        ``Tribal Compact Administration'' means any activity relating 
        to--</DELETED>
                <DELETED>    (A) the development or enactment by the 
                Tribe of the tribal water code;</DELETED>
                <DELETED>    (B) establishment by the Tribe of a water 
                resources department; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (18) Tribal water code.--The term ``tribal water 
        code'' means a water code adopted by the Tribe in accordance 
        with section 7(f).</DELETED>
        <DELETED>    (19) Tribal water rights.--The term ``tribal water 
        rights'' means--</DELETED>
                <DELETED>    (A) the water rights of the Tribe 
                described in the Compact; and</DELETED>
                <DELETED>    (B) the water rights provided to the Tribe 
                under section 8.</DELETED>
        <DELETED>    (20) 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).</DELETED>
        <DELETED>    (21) Yellowtail dam om&r.--The term ``Yellowtail 
        Dam OM&R'' means the charges levied by the Bureau of 
        Reclamation for operation, maintenance, and repair costs in 
        association with storage contracts for water stored in Bighorn 
        Lake.</DELETED>
        <DELETED>    (22) Water development project.--The term ``Water 
        Development Project'' means any future potable water system 
        developed by the Tribe to serve the other portions of the 
        Reservation, or such water development projects as the Tribe 
        determines to be appropriate to fulfill the water needs of its 
        members.</DELETED>

<DELETED>SEC. 4. RATIFICATION OF COMPACT.</DELETED>

<DELETED>    (a) In General.--Except as modified by this Act, and to 
the extent the Compact does not conflict with this Act, the Compact is 
authorized, ratified, and confirmed. To the extent amendments are 
executed to make the Compact consistent with this Act, such amendments 
are also authorized, ratified, and confirmed.</DELETED>
<DELETED>    (b) Execution of Compact.--To the extent that the Compact 
does not conflict with this Act, the Secretary is directed to and shall 
promptly execute the Compact, including all exhibits to or parts of the 
Compact requiring the signature of the Secretary. Nothing herein 
precludes the Secretary from approving modifications to appendices or 
exhibits to the Compact not inconsistent with this Act, to the extent 
such modifications do not otherwise require Congressional approval 
pursuant to the Trade and Intercourse Act, 25 U.S.C. 177, or pursuant 
to other Federal statute.</DELETED>
<DELETED>    (c) National Environmental Policy Act of 1969.--</DELETED>
        <DELETED>    (1) Environmental compliance.--In implementing the 
        Compact, the Secretary shall promptly comply with all 
        applicable aspects of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), and all other applicable 
        environmental Acts and regulations.</DELETED>
        <DELETED>    (2) Execution of the compact.--Execution of the 
        Compact by the Secretary under this section shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
        Secretary is directed to carry out all Federal compliance 
        necessary to implement the Compact.</DELETED>

<DELETED>SEC. 5. REHABILITATION AND IMPROVEMENT OF THE CROW IRRIGATION 
              PROJECT.</DELETED>

<DELETED>    (a) In General.--The Secretary, acting through the 
Commissioner of Reclamation, shall carry out such activities as are 
necessary to rehabilitate and improve the water diversion and delivery 
features of the Crow Irrigation Project, in accordance with an 
agreement to be negotiated between the Secretary and the 
Tribe.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Scope.--The scope of the rehabilitation and 
improvement under this section shall be as described in the document 
entitled ``Engineering Evaluation of Existing Conditions, Crow Agency 
Rehabilitation Study'' prepared by HKM Engineering, Inc., and dated 
July 2008.</DELETED>
<DELETED>    (d) Costs to Tribe.--Costs incurred by the Secretary in 
carrying out an agreement under subsection (a) that are allocated to 
the Tribe shall be nonreimbursable.</DELETED>
<DELETED>    (e) Funding.--The Secretary's obligation pursuant to this 
section shall not exceed $160,653,000, except that the total amount of 
$160,653,000 shall be increased or decreased, as appropriate, based on 
ordinary fluctuations from May 1, 2008, in construction cost indices 
applicable to the types of construction involved in the rehabilitation 
and improvement.</DELETED>
<DELETED>    (f) Agreement.--At the request of the Tribe, in accordance 
with applicable Federal law, the Secretary shall enter into an 
agreement with the Tribe to implement the provisions of this section by 
which the Tribe shall plan, design, and construct any or all of the 
rehabilitation and improvement required by this section.</DELETED>

<DELETED>SEC. 6. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.</DELETED>

<DELETED>    (a) In General.--The Secretary, acting through the 
Commissioner of Reclamation, shall carry out such activities as are 
necessary to design and construct the water diversion and delivery 
features of the MR&I System, in accordance with an agreement to be 
negotiated between the Secretary and the Tribe.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Scope.--The scope of the design and construction under 
this section shall be as described in the document entitled ``Crow 
Indian Reservation Municipal, Rural and Industrial Water System 
Engineering Report'' prepared by HKM Engineering, Inc., and dated July 
2008.</DELETED>
<DELETED>    (d) Costs to Tribe.--Costs incurred by the Secretary in 
carrying out an agreement under subsection (a) that are allocated to 
the Tribe shall be nonreimbursable.</DELETED>
<DELETED>    (e) Funding.--The Secretary's obligation pursuant to this 
section shall not exceed $200,840,000, except that the total amount of 
$200,840,000 shall be increased or decreased, as appropriate, based on 
ordinary fluctuations from May 1, 2008, in construction cost indices 
applicable to the types of construction involved in the design and 
construction.</DELETED>
<DELETED>    (f) Agreement.--At the request of the Tribe, in accordance 
with applicable Federal law, the Secretary shall enter into an 
agreement with the Tribe to implement the provisions of this section by 
which the Tribe shall plan, design, and construct any or all of the 
design and construction required by this section.</DELETED>

<DELETED>SEC. 7. TRIBAL WATER RIGHTS.</DELETED>

<DELETED>    (a) Intent of Congress.--It is the intent of Congress to 
provide to each allottee benefits that are equivalent to or exceed the 
benefits allottees currently possess, taking into consideration--
</DELETED>
        <DELETED>    (1) the potential risks, cost, and time delay 
        associated with litigation that would be resolved by the 
        Compact and this Act;</DELETED>
        <DELETED>    (2) the availability of funding under this Act and 
        from other sources;</DELETED>
        <DELETED>    (3) the availability of water from the tribal 
        water rights; and</DELETED>
        <DELETED>    (4) the applicability of section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381) and this Act to protect the 
        interests of allottees.</DELETED>
<DELETED>    (b) Confirmation of Tribal Water Rights.--</DELETED>
        <DELETED>    (1) In general.--The tribal water rights are 
        ratified, confirmed, and declared to be valid.</DELETED>
        <DELETED>    (2) Use.--Use of the tribal water rights shall be 
        subject to the terms and conditions established by the 
        Compact.</DELETED>
<DELETED>    (c) Holding in Trust.--The tribal water rights shall be 
held in trust by the United States for the use and benefit of the 
Tribe, and the allottees in accordance with this section.</DELETED>
<DELETED>    (d) Allottees.--As specified in and provided for in this 
Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Entitlement to water.--Any entitlement to 
        water of an allottee under Federal law shall be satisfied from 
        the tribal water rights.</DELETED>
        <DELETED>    (3) Allocations.--Allottees shall be entitled to a 
        just and equitable allocation of water for irrigation 
        purposes.</DELETED>
        <DELETED>    (4) Satisfaction of claims.--The water rights and 
        other benefits granted by this Act shall be considered full 
        satisfaction of any claim of an allottee waived pursuant to 
        section 10(a)(2).</DELETED>
        <DELETED>    (5) 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.</DELETED>
        <DELETED>    (6) 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.</DELETED>
        <DELETED>    (7) Authority.--The Secretary shall have the 
        authority to protect allottees' rights as specified in this 
        section.</DELETED>
<DELETED>    (e) Authority of Tribe.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Tribe shall have authority to allocate, distribute, 
        and lease the tribal water rights--</DELETED>
                <DELETED>    (A) in accordance with the Compact; 
                and</DELETED>
                <DELETED>    (B) subject to approval of the Secretary 
                of the tribal water code under subsection 
                (f)(3)(B).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Tribal Water Code.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding the time period 
        set forth in article (IV)(A)(2)(b) of the Compact, not later 
        than 1 year after the enforceability date, the Tribe shall 
        enact a tribal water code, that provides for--</DELETED>
                <DELETED>    (A) the management, regulation and 
                governance of all uses of the tribal water rights in 
                accordance with the Compact; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Inclusions.--Subject to the approval of the 
        Secretary, the tribal water code shall provide that--</DELETED>
                <DELETED>    (A) tribal allocations of water to 
                allottees shall be satisfied with water from the tribal 
                water rights;</DELETED>
                <DELETED>    (B) charges for delivery of water for 
                irrigation purposes for allottees shall be assessed on 
                a just and equitable basis;</DELETED>
                <DELETED>    (C) there is a process by which an 
                allottee may request that the Tribe provide water for 
                irrigation use in accordance with this Act;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) appeal and adjudication of any 
                        denied or disputed distribution of water; 
                        and</DELETED>
                        <DELETED>    (ii) resolution of any contested 
                        administrative decision; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Action by secretary.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Approval.--The tribal water code shall 
                not be valid unless--</DELETED>
                        <DELETED>    (i) the provisions of the tribal 
                        water code required by paragraph (2) are 
                        approved by the Secretary; and</DELETED>
                        <DELETED>    (ii) each amendment to the tribal 
                        water code that affects a right of an allottee 
                        is approved by the Secretary.</DELETED>
                <DELETED>    (C) Approval period.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided by clause (ii), if the Secretary does 
                        not approve or disapprove the tribal water code 
                        before the date that is 180 days after the date 
                        on which the tribal water code is submitted to 
                        the Secretary for approval, the tribal water 
                        code shall be considered to have been approved 
                        by the Secretary to the extent that it is not 
                        inconsistent with the Compact or this 
                        Act.</DELETED>
                        <DELETED>    (ii) Mutual extension of approval 
                        period.--The tribal water code may not be 
                        considered to have been approved by the 
                        Secretary under clause (i) if the Secretary and 
                        the Tribe agree to extend the approval 
                        period.</DELETED>
<DELETED>    (g) Effect.--Except as otherwise specifically provided in 
this section, nothing in this Act--</DELETED>
        <DELETED>    (1) authorizes any action by an allottee against 
        any individual or entity, or against the Tribe, under Federal, 
        State, tribal, or local law; or</DELETED>
        <DELETED>    (2) alters or affects the status of any action 
        pursuant to section 1491(a) of title 28, United States 
        Code.</DELETED>

<DELETED>SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE.</DELETED>

<DELETED>    (a) Storage Allocation to Tribe.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Treatment.--</DELETED>
                <DELETED>    (A) In general.--The allocation under 
                paragraph (1) shall be considered to be part of the 
                tribal water rights.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Administration.--</DELETED>
                        <DELETED>    (i) In general.--The Tribe shall 
                        administer the water allocated under paragraph 
                        (1) in accordance with the Compact.</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (b) Allocation Agreement.--</DELETED>
        <DELETED>    (1) In general.--As a condition of receiving an 
        allocation under this section, the Tribe shall enter into an 
        allocation agreement with the Secretary to establish the terms 
        and conditions of the allocation, in accordance with the terms 
        and conditions of the Compact and this Act.</DELETED>
        <DELETED>    (2) Inclusions.--The allocation agreement under 
        paragraph (1) shall include, among other things, a provision 
        that--</DELETED>
                <DELETED>    (A) it is without limit as to 
                term;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (C) the United States shall have no trust 
                obligation or other obligation to monitor, administer, 
                or account for--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) the expenditure of such 
                        funds;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) the costs associated with the 
                construction of the storage facilities at Yellowtail 
                Dam allocable to the Tribe--</DELETED>
                        <DELETED>    (i) shall be nonreimbursable; 
                        and</DELETED>
                        <DELETED>    (ii) shall be excluded from any 
                        repayment obligation of the Tribe; 
                        and</DELETED>
                <DELETED>    (F) no water service capital charges shall 
                be due or payable for any water allocated to the Tribe 
                pursuant to this Act and the allocation agreement, 
                regardless of whether that water is delivered for use 
                by the Tribe or is delivered under any leases, 
                contracts, or agreements the Tribe may enter into 
                pursuant to the authority in subsection (c).</DELETED>
<DELETED>    (c) Temporary Transfer for Use Off Reservation.--
</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        provision of statutory or common law, subject to paragraph (2), 
        on approval of the Secretary and subject to the terms and 
        conditions of the Compact, the Tribe may enter into a service 
        contract, lease, exchange, or other agreement providing for the 
        temporary delivery, use, or transfer of not more than 50,000 
        acre-feet per year of water allocated under subsection 
        (a)(1)(A) for use off the Reservation.</DELETED>
        <DELETED>    (2) Requirement.--An agreement under paragraph (1) 
        shall not permanently alienate any portion of the water 
        allocated under subsection (a)(1)(A).</DELETED>
<DELETED>    (d) Remaining Storage.--</DELETED>
        <DELETED>    (1) In general.--Upon the date of enactment of 
        this Act, water in Bighorn Lake shall be considered to be fully 
        allocated and no further storage allocations shall be made by 
        the Secretary.</DELETED>
        <DELETED>    (2) Effect of subsection.--Nothing in this 
        subsection prevents the Secretary from renewing the storage 
        contract with Pennsylvania Power and Light Company consistent 
        with the allocation to Pennsylvania Power and Light Company in 
        existence on the date of enactment of this Act, or entering 
        into future agreements with the Northern Cheyenne or Crow 
        Tribes facilitating the Northern Cheyenne and Crow Tribes' use 
        of their allocations of water from Bighorn Lake.</DELETED>

<DELETED>SEC. 9. SATISFACTION OF CLAIMS.</DELETED>

<DELETED>    (a) In General.--The benefits provided to the Tribe and 
the allottees under the Compact and this Act shall satisfy all claims 
of the Tribe and the allottees waived and released pursuant to section 
10.</DELETED>
<DELETED>    (b) Satisfaction of Claims Relating to Crow Irrigation 
Project.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        funds authorized to be appropriated under subsections (a) and 
        (h) of section 14 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. Upon 
        complete appropriation of funds authorized by subsections (a) 
        and (h) of section 14 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 shall be deemed to 
        have been satisfied.</DELETED>
        <DELETED>    (2) Effect.--Nothing in this Act affects any 
        applicable law (including regulations) under which the United 
        States collects irrigation assessments from--</DELETED>
                <DELETED>    (A) non-Indian users of the Crow 
                Irrigation Project; and</DELETED>
                <DELETED>    (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 assessed on such tribal water users exceed 
                the amount of funds available under section 11(d)(3)(F) 
                for costs relating to CIP OM&R.</DELETED>
<DELETED>    (c) No Recognition of Water Rights.--Notwithstanding 
subsection (a) and except as provided in section 7(d), nothing in this 
Act recognizes or establishes any right of a member of the Tribe or an 
allottee to water within the Reservation or the ceded strip.</DELETED>

<DELETED>SEC. 10. WAIVERS AND RELEASES OF CLAIMS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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 
        Act, the Tribe, on behalf of itself and its members (but not 
        tribal members in their capacities as allottees), and the 
        United States acting in its capacity as trustee for the Tribe 
        and its members (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 in its 
        capacity as trustee for the Tribe, asserted, or could have 
        asserted, in any proceeding, including but not limited to the 
        Montana stream adjudication, up to and including the 
        enforceability date, except to the extent that such rights are 
        recognized in the Compact as amended by this Act.</DELETED>
        <DELETED>    (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 Tribe's water rights and other 
        benefits as set forth in the Compact and this Act, the United 
        States acting in its capacity 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 in its capacity as trustee 
        for the allottees asserted, or could have asserted, in any 
        proceeding, including but not limited to the Montana stream 
        adjudication, up to and including the enforceability date, 
        except to the extent that such rights are recognized in the 
        Compact or this Act.</DELETED>
        <DELETED>    (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 
        its members, is authorized to execute a waiver and release of--
        </DELETED>
                <DELETED>    (A) all claims against the United States, 
                its agencies, or employees, relating to claims for 
                water rights within the State of Montana that the 
                United States acting in its capacity as trustee for the 
                Tribe asserted, or could have asserted, in any 
                proceeding, including but not limited to the Montana 
                stream adjudication, except to the extent that such 
                rights are recognized as tribal water rights in this 
                Act, including all claims relating in any manner to the 
                claims reserved against the United States, its agencies 
                or employees in section 4(e) of the Joint Stipulation 
                of Settlement, Crow Tribe of Indians v. Norton, No. 02-
                284 (Apr. 7, 2006);</DELETED>
                <DELETED>    (B) 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 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 up 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;</DELETED>
                <DELETED>    (C) all claims against the United States, 
                its agencies, or employees relating to the pending 
                litigation of claims relating to the Tribe's water 
                rights in the State of Montana;</DELETED>
                <DELETED>    (D) all claims against the United States, 
                its agencies, or employees relating to the negotiation, 
                execution, or the adoption of the Compact, exhibits 
                thereto, or this Act;</DELETED>
                <DELETED>    (E) subject to the retention of rights set 
                forth in subsection (c), all claims for monetary 
                damages that first accrued at any time up to and 
                including the enforceability date with respect to--
                </DELETED>
                        <DELETED>    (i) the failure to recognize or 
                        enforce the Tribe's claim of title to lands 
                        that are created by the movement of the Big 
                        Horn River; and</DELETED>
                        <DELETED>    (ii) the failure to make 
                        productive use of those lands created by the 
                        movement of the Big Horn River to which the 
                        Tribe has claimed title;</DELETED>
                <DELETED>    (F) all claims that first accrued at any 
                time up to and including the enforceability date 
                arising from the taking or acquisition of the Tribe's 
                land or resources for the construction of the 
                Yellowtail Dam;</DELETED>
                <DELETED>    (G) all claims that first accrued at any 
                time up to and including the enforceability date 
                relating to the construction and operation of 
                Yellowtail Dam and the management of Big Horn Lake; 
                and</DELETED>
                <DELETED>    (H) all claims that first accrued at any 
                time up to and including the enforceability date 
                relating to the generation of power from Yellowtail Dam 
                or the lack thereof.</DELETED>
<DELETED>    (b) Effectiveness of Waivers and Releases.--The waivers 
under subsection (a) shall take effect on the enforceability 
date.</DELETED>
<DELETED>    (c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this Act, the 
Tribe on behalf of itself and its members and the United States acting 
in its capacity as trustee for the Tribe retain--</DELETED>
        <DELETED>    (1) all claims for enforcement of the Compact, any 
        final decree, or this Act;</DELETED>
        <DELETED>    (2) all rights to use and protect water rights 
        acquired after the date of enactment of this Act;</DELETED>
        <DELETED>    (3) all claims 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) 
        arising out of activities occurring outside the State of 
        Montana;</DELETED>
        <DELETED>    (4) all rights to use and protect water rights 
        acquired pursuant to state law, to the extent not inconsistent 
        with the Compact;</DELETED>
        <DELETED>    (5) all claims relating to activities affecting 
        the quality of water including but not limited to any claims 
        the Tribe might have under Comprehensive Environmental 
        Response, Compensation, and Liability Act (including but not 
        limited to claims for damages to natural resources), the Safe 
        Drinking Water Act, the Clean Water Act, and the regulations 
        implementing these Acts;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (7) all rights, remedies, privileges, immunities, 
        and powers not specifically waived and released pursuant to 
        this Act;</DELETED>
        <DELETED>    (8) all claims against any person or entity other 
        than the United States, including claims for monetary damages, 
        with respect to--</DELETED>
                <DELETED>    (A) the Tribe's claim of title to lands 
                that are created by the movement of the Big Horn River; 
                and</DELETED>
                <DELETED>    (B) the productive use of those lands 
                created by the movement of the Big Horn River to which 
                the Tribe has claimed title; and</DELETED>
        <DELETED>    (9) all claims that first accrued after the 
        enforceability date with respect to claims otherwise waived in 
        accordance with subsection (a)(3)(B), and (E) through (H), 
        inclusive.</DELETED>
<DELETED>    (d) Effect of Compact and Act.--Nothing in the Compact or 
this Act--</DELETED>
        <DELETED>    (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 
        Clean Water Act, the Safe Drinking Water Act, the Comprehensive 
        Environmental Response, Compensation, and Liability Act, 
        Resource Conservation and Recovery Act, and the regulations 
        implementing such Acts;</DELETED>
        <DELETED>    (2) affects the ability of the United States to 
        take actions acting in its capacity as trustee for any other 
        Indian tribe or allottee of any other Indian tribe;</DELETED>
        <DELETED>    (3) confers jurisdiction on any State court to--
        </DELETED>
                <DELETED>    (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; and</DELETED>
                <DELETED>    (B) conduct judicial review of Federal 
                agency action.</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) revives any claims waived by the Tribe in the 
        Joint Stipulation of Settlement, Crow Tribe of Indians v. 
        Norton, No. 02-284 (Apr. 7, 2006).</DELETED>
<DELETED>    (e) Enforceability Date.--</DELETED>
        <DELETED>    (1) In general.--The enforceability date shall be 
        the date on which the Secretary publishes in the Federal 
        Register a statement of findings that--</DELETED>
                <DELETED>    (A) the Montana Water Court has issued a 
                final judgment and decree approving the Compact, or if 
                the Montana Water Court is found to lack jurisdiction, 
                the United States District Court of jurisdiction has 
                approved the Compact as a consent decree and such 
                approval is final;</DELETED>
                <DELETED>    (B) $44,000,000 has been deposited in the 
                Crow Settlement Fund;</DELETED>
                <DELETED>    (C) the Secretary has fulfilled his 
                obligations to negotiate an agreement with the Tribe in 
                accordance with sections 5(a) and 6(a);</DELETED>
                <DELETED>    (D) the State has appropriated and paid 
                into an interest-bearing escrow account any payments 
                then due to the Tribe under the Compact;</DELETED>
                <DELETED>    (E) the Tribe has ratified the Compact by 
                submitting the Act and the Compact to a vote by the 
                tribal membership for approval or disapproval and the 
                tribal membership has voted to approve the Act and the 
                Compact by a majority of votes cast on the day of the 
                vote, as certified by the Secretary and the 
                Tribe;</DELETED>
                <DELETED>    (F) the Secretary has fulfilled the 
                requirements of section 8(a); and</DELETED>
                <DELETED>    (G) the waivers and releases authorized 
                and set forth in subsection (a) have been executed by 
                the parties and the Secretary.</DELETED>
<DELETED>    (f) Tolling of Claims.--</DELETED>
        <DELETED>    (1) In general.--Each applicable period of 
        limitation and time-based equitable defense relating to a claim 
        described in this section shall be tolled for the period 
        beginning on the date of enactment of this Act and ending on 
        the date on which the amounts authorized to be appropriated to 
        carry out this Act are appropriated.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 11. CROW SETTLEMENT FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States the Crow Settlement Fund, consisting of such 
amounts as are deposited in the fund under subsections (c) through (h) 
of section 14.</DELETED>
<DELETED>    (b) Accounts of Crow Settlement Fund.--The Secretary shall 
establish in the Crow Settlement Fund the following accounts:</DELETED>
        <DELETED>    (1) The Tribal Compact Administration account, 
        consisting of amounts authorized pursuant to section 
        14(c).</DELETED>
        <DELETED>    (2) The Economic Development account, consisting 
        of amounts authorized pursuant to section 14(d).</DELETED>
        <DELETED>    (3) The Water Development Projects account, 
        consisting of amounts authorized pursuant to section 
        14(e).</DELETED>
        <DELETED>    (4) The MR&I System OM&R account, consisting of 
        amounts authorized pursuant to section 14(f).</DELETED>
        <DELETED>    (5) The Yellowtail Dam OM&R account, consisting of 
        amounts authorized pursuant to section 14(g).</DELETED>
        <DELETED>    (6) The CIP OM&R account, consisting of amounts 
        authorized pursuant to section 14(h).</DELETED>
<DELETED>    (c) Deposits to Crow Settlement Fund.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of the Treasury 
        shall promptly deposit in the Crow Settlement Fund any amounts 
        appropriated for that purpose.</DELETED>
        <DELETED>    (2) Deposits to accounts.--The Secretary of the 
        Treasury shall deposit amounts in the accounts of the Crow 
        Settlement Fund established under subsection (b) in descending 
        order of priority, with highest priority given to the Tribal 
        Compact Administration account established under subsection 
        (b)(1).</DELETED>
<DELETED>    (d) Management.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall manage the 
        Crow Settlement Fund, make investments from the Crow Settlement 
        Fund, and make monies available from the Crow Settlement Fund 
        for distribution to the Tribe consistent with the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.) (referred to in this subsection as the ``Trust Fund 
        Reform Act'').</DELETED>
        <DELETED>    (2) Investment of crow settlement fund.--Upon the 
        enforceability date the Secretary shall invest amounts in the 
        Crow Settlement Fund in accordance with--</DELETED>
                <DELETED>    (A) the Act of April 1, 1880 (25 U.S.C. 
                161);</DELETED>
                <DELETED>    (B) the first section of the Act of June 
                24, 1938 (25 U.S.C. 162a);</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the obligations of the United 
                        States Postal Service described in section 2005 
                        of title 39, United States Code;</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) bonds, notes, and debentures 
                        of the Commodity Credit Corporation described 
                        in section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4); and</DELETED>
                <DELETED>    (D) the obligations referred to in section 
                201 of the Social Security Act (42 U.S.C. 
                401).</DELETED>
        <DELETED>    (3) Distributions from crow settlement fund.--
        </DELETED>
                <DELETED>    (A) In general.--Funds from the Crow 
                Settlement Fund shall be used for each purpose 
                described in subparagraphs (B) through (G).</DELETED>
                <DELETED>    (B) Tribal compact administration 
                account.--The Tribal Compact Administration Account 
                shall be used for expenditures by the Tribe for Tribal 
                Compact Administration, in accordance with the 
                definition of Tribal Compact Administration under 
                section 3.</DELETED>
                <DELETED>    (C) Economic development account.--The 
                Economic Development Account shall be used for 
                expenditures by the Tribe for economic development, in 
                accordance with the definition of Economic Development 
                under section 3.</DELETED>
                <DELETED>    (D) Water development project account.--
                The Water Development Project Account shall be used for 
                expenditures by the Tribe for 1 or more water 
                development projects, in accordance with the definition 
                of Water Development Project under section 3.</DELETED>
                <DELETED>    (E) Yellowtail dam om&r account.--Interest 
                accrued on the funds in the Yellowtail Dam OM&R Account 
                in the prior fiscal year shall be used for Yellowtail 
                Dam OM&R costs in the subsequent year. The interest 
                shall be used to reduce the Yellowtail Dam OM&R costs 
                to all tribal water users on a proportional basis for 
                that year.</DELETED>
                <DELETED>    (F) CIP om&r account.--</DELETED>
                        <DELETED>    (i) In general.--Interest accrued 
                        on the funds in the CIP OM&R Account in the 
                        prior fiscal year shall be used for CIP OM&R 
                        costs in the subsequent year.</DELETED>
                        <DELETED>    (ii) Reduction of costs to tribal 
                        water users.--</DELETED>
                                <DELETED>    (I) In general.--Subject 
                                to subclause (II), the interest 
                                described in clause (i) shall be used 
                                to reduce the CIP OM&R costs to all 
                                tribal water users on a proportional 
                                basis for that year.</DELETED>
                                <DELETED>    (II) Limitation on use of 
                                funds.--The funds from the CIP OM&R 
                                Account shall only be used to pay 
                                irrigation assessments for the Tribe, 
                                tribal entities and instrumentalities, 
                                tribal members, allottees, and entities 
                                owned by the Tribe, tribal members, or 
                                allottees.</DELETED>
                <DELETED>    (G) MR&I system om&r account.--</DELETED>
                        <DELETED>    (i) In general.--Interest accrued 
                        on the funds from the MR&I System OM&R Account 
                        in the prior fiscal year shall be used for MR&I 
                        System OM&R costs in the subsequent 
                        year.</DELETED>
                        <DELETED>    (ii) Reduction of costs to tribal 
                        water users.--</DELETED>
                                <DELETED>    (I) In general.--Subject 
                                to subclause (II), the interest 
                                described in clause (i) shall be used 
                                to reduce the MR&I System OM&R costs to 
                                all tribal water users on a 
                                proportional basis for that 
                                year.</DELETED>
                                <DELETED>    (II) Limitation on use of 
                                funds.--The funds from the MR&I System 
                                OM&R Account shall only be used to 
                                reduce water charges for water used by 
                                the Tribe, tribal entities and 
                                instrumentalities, tribal members, 
                                allottees, and entities owned by the 
                                Tribe, tribal members, or 
                                allottees.</DELETED>
        <DELETED>    (4) Withdrawals by tribe.--</DELETED>
                <DELETED>    (A) In general.--The Tribe may withdraw 
                any portion of amounts in the Crow Settlement Fund on 
                approval by the Secretary of a tribal management plan 
                in accordance with the Trust Fund Reform Act.</DELETED>
                <DELETED>    (B) Requirements.--</DELETED>
                        <DELETED>    (i) In general.--In addition to 
                        the requirements under the Trust Fund Reform 
                        Act, the tribal management plan of the Tribe 
                        under subparagraph (A) shall require that the 
                        Tribe spend any amounts withdrawn from the Crow 
                        Settlement Fund in accordance with this 
                        Act.</DELETED>
                        <DELETED>    (ii) Enforcement.--The Secretary 
                        may carry out such judicial or administrative 
                        actions as the Secretary determines to be 
                        necessary to enforce a tribal management plan 
                        to ensure that amounts withdrawn by the Tribe 
                        from the Crow Settlement Fund under this 
                        paragraph are used in accordance with this 
                        Act.</DELETED>
                <DELETED>    (C) Liability.--The Secretary and the 
                Secretary of the Treasury shall not be liable for the 
                expenditure or investment of amounts withdrawn from the 
                Crow Settlement Fund by the Tribe under this 
                paragraph.</DELETED>
                <DELETED>    (D) Expenditure plan.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) Inclusion.--An expenditure 
                        plan under clause (i) shall include a 
                        description of the manner in which, and the 
                        purposes for which, funds of the Tribe 
                        remaining in the Crow Settlement Fund will be 
                        used during subsequent fiscal years.</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (I) reasonable; 
                                and</DELETED>
                                <DELETED>    (II) consistent with this 
                                Act.</DELETED>
        <DELETED>    (5) Annual reports.--The Tribe shall submit to the 
        Secretary annual reports describing each expenditure by the 
        Tribe of amounts in the Crow Settlement Fund during the 
        preceding calendar year.</DELETED>
        <DELETED>    (6) Certain per capita distributions prohibited.--
        No amount in the Crow Settlement Fund shall be distributed to 
        any member of the Tribe on a per capita basis.</DELETED>
<DELETED>    (e) Availability.--The amounts in the Crow Settlement Fund 
shall be available for use by the Secretary and withdrawal by the Tribe 
beginning on the enforceability date.</DELETED>
<DELETED>    (f) State Contribution.--The State contribution shall be 
provided in accordance with article VI(A) of the Compact.</DELETED>

<DELETED>SEC. 12. YELLOWTAIL DAM, MONTANA.</DELETED>

<DELETED>    (a) Streamflow and Lake Level Management Plan.--</DELETED>
        <DELETED>    (1) Nothing in the Compact or the Streamflow and 
        Lake Level Management Plan referred to in Article III A.7. of 
        the Compact--</DELETED>
                <DELETED>    (A) limits the discretion of the Secretary 
                under the section 4F of that plan; or</DELETED>
                <DELETED>    (B) requires the Secretary to give 
                priority to any factor described in section 4F of the 
                plan over any other factor described in that 
                section.</DELETED>
        <DELETED>    (2) Bighorn Lake water management, including the 
        Streamflow and Lake Level Management Plan, is a Federal 
        activity and review and enforcement of any water management 
        decisions shall be as provided by Federal law.</DELETED>
        <DELETED>    (3) The Streamflow and Lake Level Management Plan 
        referred to in and part of the Compact shall be interpreted to 
        clearly reflect paragraphs (1) and (2).</DELETED>
<DELETED>    (b) Power Generation.--</DELETED>
        <DELETED>    (1) Notwithstanding any other provision of law, 
        the Tribe shall have the exclusive right to develop and market 
        power generation as a water development project on the 
        Yellowtail Afterbay Dam.</DELETED>
        <DELETED>    (2) The Bureau of Reclamation shall cooperate with 
        the Tribe on such project.</DELETED>
        <DELETED>    (3) Any hydroelectric power generated under this 
        provision shall be used or marketed by the Tribe.</DELETED>
        <DELETED>    (4) The Tribe shall retain any revenues from the 
        sale of hydroelectric power generated under this 
        provision.</DELETED>
        <DELETED>    (5) The United States shall have no trust 
        obligation to monitor, administer, or account for the revenues 
        received by the Tribe, or the expenditure of the 
        revenues.</DELETED>
<DELETED>    (c) Consultation With Tribe.--The Bureau of Reclamation 
shall consult with the Tribe on at least a quarterly basis on all 
issues relating to the Bureau's management of Yellowtail Dam.</DELETED>

<DELETED>SEC. 13. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United 
States.</DELETED>
<DELETED>    (b) Other Tribes Not Adversely Affected.--Nothing in this 
Act quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Tribe.</DELETED>
<DELETED>    (c) Limitation on Claims for Reimbursement.--With respect 
to Indian land within the Reservation or the ceded strip--</DELETED>
        <DELETED>    (1) the United States shall not submit against any 
        Indian-owned land located within the Reservation or the ceded 
        strip any claim for reimbursement of the cost to the United 
        States of carrying out this Act and the Compact; and</DELETED>
        <DELETED>    (2) no assessment of any Indian-owned land located 
        within the Reservation or the ceded strip shall be made 
        regarding that cost.</DELETED>
<DELETED>    (d) Limitation on Liability of United States.--</DELETED>
        <DELETED>    (1) In general.--The United States has no trust or 
        other obligation--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) to review or approve any expenditure 
                of those funds.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Limitations on Effect.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act or the 
        Compact--</DELETED>
                <DELETED>    (A) limits, expands, alters, or otherwise 
                affects--</DELETED>
                        <DELETED>    (i) the meaning, interpretation, 
                        implementation, application, or effect of any 
                        article, provision, or term of the Yellowstone 
                        River Compact;</DELETED>
                        <DELETED>    (ii) any right, requirement, or 
                        obligation under the Yellowstone River 
                        Compact;</DELETED>
                        <DELETED>    (iii) any allocation (or manner of 
                        determining any allocation) of water under the 
                        Yellowstone River Compact; or</DELETED>
                        <DELETED>    (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 currently pending before the 
                        United States Supreme Court);</DELETED>
                <DELETED>    (B) makes an allocation or apportionment 
                of water between or among States;</DELETED>
                <DELETED>    (C) addresses or implies whether, how, or 
                to what extent (if any)--</DELETED>
                        <DELETED>    (i) the Tribal Water Right or any 
                        portion of the Tribal Water Right 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</DELETED>
                        <DELETED>    (ii) the Yellowstone River Compact 
                        includes or does not include the Tribal Water 
                        Right or the water right of any Indian tribe as 
                        part of any allocation or other disposition of 
                        water under that compact; or</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Rehabilitation and Improvement of Crow Irrigation 
Project.--There is authorized to be appropriated $160,653,000, adjusted 
to reflect changes since May 1, 2008, under section 5(e) for the 
rehabilitation and improvement of the Crow Irrigation 
Project.</DELETED>
<DELETED>    (b) Design and Construction of MR&I System.--There is 
authorized to be appropriated $200,840,000, adjusted to reflect changes 
since May 1, 2008, under section 6(e) for the design and construction 
of the MR&I System.</DELETED>
<DELETED>    (c) Tribal Compact Administration.--There is authorized to 
be appropriated $4,000,000 for Tribal Compact Administration.</DELETED>
<DELETED>    (d) Economic Development Projects.--There is authorized to 
be appropriated $40,000,000 for Economic Development 
Projects.</DELETED>
<DELETED>    (e) Water Development Projects.--There is authorized to be 
appropriated $37,594,000 (as adjusted to reflect changes in 
construction cost indices applicable to the types of construction 
involved during the period beginning on May 1, 2008, and ending on the 
date of appropriation) for Water Development Projects.</DELETED>
<DELETED>    (f) MR&I System OM&R.--There is authorized to be 
appropriated $40,513,000 (as adjusted to reflect changes in appropriate 
cost indices during the period beginning on May 1, 2008, and ending on 
the date of appropriation) for MR&I OM&R.</DELETED>
<DELETED>    (g) Yellowtail Dam OM&R.--There is authorized to be 
appropriated $30,876,000 (as adjusted to reflect changes in appropriate 
cost indices during the period beginning on May 1, 2008, and ending on 
the date of appropriation) for Yellowtail Dam OM&R.</DELETED>
<DELETED>    (h) CIP OM&R.--There is authorized to be appropriated 
$12,736,000 (as adjusted to reflect changes in appropriate cost indices 
during the period beginning on May 1, 2008, and ending on the date of 
appropriation) for CIP OM&R.</DELETED>
<DELETED>    (i) Environmental Compliance.--There are authorized to be 
appropriated such sums as are necessary to carry out all necessary 
environmental compliance activities undertaken by the Secretary 
associated with the Compact and this Act.</DELETED>
<DELETED>    (j) Bureau of Reclamation Costs for Crow Irrigation 
Project.--There are authorized to be appropriated such sums as are 
necessary for the Bureau of Reclamation to carry out its role as lead 
agency for the rehabilitation and improvement of the Crow Irrigation 
Project.</DELETED>
<DELETED>    (k) Bureau of Reclamation Costs for MR&I System.--There 
are authorized to be appropriated such sums as are necessary for the 
Bureau of Reclamation to carry out its role as lead agency for the 
design and construction of the MR&I System.</DELETED>
<DELETED>    (l) Interest Accrued From Crow Settlement Fund.--For each 
fiscal year during the period beginning on the date of enactment of 
this Act and ending on the enforceability date, there is authorized to 
be appropriated for deposit into the Crow Settlement Fund an amount 
equal to the interest that would have accrued during the preceding 
fiscal year on balances held in the Crow Settlement Fund.</DELETED>
<DELETED>    (m) Calculation of Interest.--The interest described in 
this section shall be calculated using the applicable rate for 
interest-bearing obligations of the United States.</DELETED>

<DELETED>SEC. 15. REPEAL ON FAILURE TO MEET EFFECTIVE DATE.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crow Tribe Water Rights Settlement 
Act of 2009''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State of Montana for--
                    (A) the Crow Tribe; and
                    (B) the United States for the benefit of the Tribe 
                and allottees;
            (2) to authorize, ratify, and confirm the Crow Tribe-
        Montana Water Rights Compact entered into by the Tribe and the 
        State on June 22, 1999;
            (3) to authorize and direct the Secretary of the Interior--
                    (A) to execute the Crow Tribe-Montana Water Rights 
                Compact; and
                    (B) to take any other action necessary to carry out 
                the Compact in accordance with this Act; and
            (4) to authorize the appropriation of funds necessary for 
        the implementation of the Compact and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means any individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the Reservation or the ceded 
                strip; and
                    (B) held in trust by the United States.
            (2) Ceded strip.--The term ``ceded strip'' means the area 
        identified on the map attached as appendix 5 to the Compact.
            (3) CIP om&r.--The term ``CIP OM&R'' means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of the Crow Irrigation 
                Project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of the Crow Irrigation Project; 
                and
                    (C) any activity relating to replacement of a 
                feature of the Crow Irrigation Project.
            (4) Compact.--The term ``Compact'' means the water rights 
        compact between the Tribe and the State contained in section 
        85-20-901 of the Montana Code Annotated (2009) (including any 
        exhibit or part of or amendment to the Compact).
            (5) Crow irrigation project.--
                    (A) In general.--The term ``Crow Irrigation 
                Project'' means the irrigation project--
                            (i) authorized by section 31 of the Act of 
                        March 3, 1891 (26 Stat. 1040);
                            (ii) managed by the Secretary (acting 
                        through the Bureau of Indian Affairs); and
                            (iii) consisting of the project units of--
                                    (I) Agency;
                                    (II) 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) Crow settlement fund.--The term ``Crow Settlement 
        Fund'' means the fund established by section 11(a).
            (7) Economic development.--The term ``Economic 
        Development'' means any activity the Tribe determines to 
        further the economic development of the Tribe.
            (8) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 10(e).
            (9) Final.--The term ``final'' with reference to approval 
        of the decree described in section 10(e)(1)(A) means--
                    (A) completion of any direct appeal to the Montana 
                Supreme Court of a decree by the Montana Water Court 
                pursuant to section 85-2-235 of the Montana Code 
                Annotated (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 the United States 
                Supreme Court's mandate, whichever occurs last.
            (10) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (11) 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).
            (12) MR&I system.--
                    (A) In general.--The term ``MR&I System'' means the 
                municipal, rural, and industrial water system of the 
                Reservation, generally described in the document 
                entitled ``Crow Indian Reservation Municipal, Rural and 
                Industrial Water System Engineering Report'' prepared 
                by HKM Engineering, Inc., and dated July 2008.
                    (B) Inclusions.--The term ``MR&I System'' 
                includes--
                            (i) the raw water intake, water treatment 
                        plant, pipelines, storage tanks, pumping 
                        stations, pressure-reducing valves, electrical 
                        transmission facilities, and other items 
                        (including real property and easements 
                        necessary to deliver potable water to the 
                        Reservation) appurtenant to the system 
                        described in subparagraph (A); and
                            (ii) in descending order of construction 
                        priority--
                                    (I) the Bighorn River Valley 
                                Subsystem; and
                                    (II) the Little Bighorn River 
                                Valley Subsystem.
            (13) 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.
            (14) Reservation.--The term ``Reservation'' means the area 
        identified on the map attached as appendix 4 to the Compact.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (16) State.--The term ``State'' means the State of Montana.
            (17) 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.
            (18) Tribal water code.--The term ``tribal water code'' 
        means a water code adopted by the Tribe in accordance with 
        section 7(f).
            (19) 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 8.
            (20) 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).
            (21) Yellowtail dam om&r.--The term ``Yellowtail Dam OM&R'' 
        means the charges levied by the Bureau of Reclamation for 
        operation, maintenance, and repair costs in association with 
        storage contracts for water stored in Bighorn Lake.
            (22) Water development project.--The term ``Water 
        Development Project'' means any future potable water system 
        developed by the Tribe to serve the other portions of the 
        Reservation, or such water development projects as the Tribe 
        determines to be appropriate to fulfill the water needs of its 
        members.

SEC. 4. RATIFICATION OF COMPACT.

    (a) In General.--Except as modified by this Act, and to the extent 
the Compact does not conflict with this Act, the Compact is authorized, 
ratified, and confirmed. To the extent amendments are executed to make 
the Compact consistent with this Act, such amendments are also 
authorized, ratified, and confirmed.
    (b) Execution of Compact.--To the extent that the Compact does not 
conflict with this Act, the Secretary is directed to and shall promptly 
execute the Compact, including all exhibits to or parts of the Compact 
requiring the signature of the Secretary. Nothing herein precludes the 
Secretary from approving modifications to appendices or exhibits to the 
Compact not inconsistent with this Act, to the extent such 
modifications do not otherwise require Congressional approval pursuant 
to the Trade and Intercourse Act, 25 U.S.C. 177, or pursuant to other 
Federal statute.
    (c) National Environmental Policy Act of 1969.--
            (1) Environmental compliance.--In implementing the Compact, 
        the Secretary shall promptly comply with all applicable aspects 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), and all other applicable environmental Acts and 
        regulations.
            (2) Execution of the compact.--Execution of the Compact by 
        the Secretary under this section shall not constitute a major 
        Federal action under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.). The Secretary is directed to 
        carry out all Federal compliance necessary to implement the 
        Compact.

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

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out such activities as are necessary to 
rehabilitate and improve the water diversion and delivery features of 
the Crow Irrigation Project, in accordance with an agreement to be 
negotiated between the Secretary and the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to rehabilitate or improve the 
water diversion or delivery features of the Crow Irrigation Project.
    (c) Scope.--The scope of the rehabilitation and improvement under 
this section shall be as described in the document entitled 
``Engineering Evaluation of Existing Conditions, Crow Agency 
Rehabilitation Study'' prepared by HKM Engineering, Inc., and dated 
July 2008.
    (d) Costs.--Costs incurred by the Secretary in carrying out an 
agreement under subsection (a) that are allocated to the users of the 
tribal water rights shall be nonreimbursable.
    (e) Funding.--The Secretary's obligation pursuant to this section 
shall not exceed $160,653,000, except that the total amount of 
$160,653,000 shall be increased or decreased, as appropriate, based on 
ordinary fluctuations from May 1, 2008, in construction cost indices 
applicable to the types of construction involved in the rehabilitation 
and improvement.
    (f) Agreement.--At the request of the Tribe, in accordance with 
applicable Federal law, the Secretary shall enter into an agreement 
with the Tribe to implement the provisions of this section by which the 
Tribe shall plan, design, and construct any or all of the 
rehabilitation and improvement required by this section.

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

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out such activities as are necessary to design 
and construct the water diversion and delivery features of the MR&I 
System, in accordance with an agreement to be negotiated between the 
Secretary and the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to design and construct the water 
diversion and delivery features of the MR&I System.
    (c) Scope.--The scope of the design and construction under this 
section shall be as described in the document entitled ``Crow Indian 
Reservation Municipal, Rural and Industrial Water System Engineering 
Report'' prepared by HKM Engineering, Inc., and dated July 2008.
    (d) Costs to Tribe.--Costs incurred by the Secretary in carrying 
out an agreement under subsection (a) that are allocated to the Tribe 
shall be nonreimbursable.
    (e) Funding.--The Secretary's obligation pursuant to this section 
shall not exceed $200,840,000, except that the total amount of 
$200,840,000 shall be increased or decreased, as appropriate, based on 
ordinary fluctuations from May 1, 2008, in construction cost indices 
applicable to the types of construction involved in the design and 
construction.
    (f) Agreement.--At the request of the Tribe, in accordance with 
applicable Federal law, the Secretary shall enter into an agreement 
with the Tribe to implement the provisions of this section by which the 
Tribe shall plan, design, and construct any or all of the design and 
construction required by this section.
    (g) 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) (including any appropriate 
        interests in land) 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) Effect of conveyance.--The conveyance of title to each 
        MR&I System facility shall not affect the application of the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
        relating to the use of the water associated with the MR&I 
        System.
            (3) 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'').
            (4) 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 MR&I System facility.
            (5) Obligation of the federal government after 
        completion.--After construction of the MR&I System is completed 
        and the amounts required to be deposited in the MR&I System 
        OM&R account have been deposited under section 11 the Federal 
        Government shall have no obligation to pay for the operation, 
        maintenance, and replacement costs of the MR&I System.

SEC. 7. TRIBAL WATER RIGHTS.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to or exceed the benefits 
allottees currently possess, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the tribal water rights; 
        and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381) and this Act 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 shall be held in 
trust by the United States for the use and benefit of the Tribe, and 
the allottees in accordance with this section.
    (d) Allottees.--As specified in and provided for in this Act:
            (1) 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) Satisfaction of claims.--The water rights and other 
        benefits granted by this Act shall be considered full 
        satisfaction of any claim of an allottee waived pursuant to 
        section 10(a)(2).
            (5) 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.
            (6) 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.
            (7) Authority.--The Secretary shall have the authority to 
        protect allottees' rights as specified in this section.
    (e) Authority of Tribe.--
            (1) In general.--Except as provided in paragraph (2), the 
        Tribe shall have 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 10(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 Act;
                    (D) there is a due process system for the 
                consideration and determination by the Tribe of any 
                request by an allottee, or any successor in interest to 
                an allottee, for an allocation of such water for 
                irrigation purposes on allotted land, including a 
                process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) there is a requirement that any allottee with a 
                claim relating to the enforcement of rights of the 
                allottee under the tribal water code or relating to the 
                amount of water allocated to land of the allottee must 
                first exhaust remedies available to the allottee under 
                tribal law and the tribal water code before initiating 
                an action against the United States or petitioning the 
                Secretary pursuant to subsection (d)(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.--
                            (i) In general.--Except as provided by 
                        clause (ii), if the Secretary does not approve 
                        or disapprove the tribal water code before the 
                        date that is 180 days after the date on which 
                        the tribal water code is submitted to the 
                        Secretary for approval, the tribal water code 
                        shall be considered to have been approved by 
                        the Secretary to the extent that it is not 
                        inconsistent with the Compact or this Act.
                            (ii) Mutual extension of approval period.--
                        The tribal water code may not be considered to 
                        have been approved by the Secretary under 
                        clause (i) if the Secretary and the Tribe agree 
                        to extend the approval period.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Tribe, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE.

    (a) Storage Allocation to Tribe.--
            (1) In general.--As described in and subject to article 
        III(A)(1)(b) of the Compact, the Secretary shall allocate to 
        the Tribe 300,000 acre-feet per year of water stored in Bighorn 
        Lake, Yellowtail Unit, Lower Bighorn Division, Pick Sloan 
        Missouri Basin Program, Montana, under a water right held by 
        the United States and managed by the Bureau of Reclamation, as 
        measured at the outlet works of Yellowtail Dam, including--
                    (A) not more than 150,000 acre-feet per year of the 
                allocation, which may be used in addition to the 
                natural flow right described in article III(A)(1)(a) of 
                the Compact; and
                    (B) 150,000 acre-feet per year of the allocation, 
                which may be used only as supplemental water for the 
                natural flow right described in article III(A)(1)(a) of 
                the Compact for use in times of natural flow shortage.
            (2) Treatment.--
                    (A) In general.--The allocation under paragraph (1) 
                shall be considered to be part of the tribal water 
                rights.
                    (B) Priority date.--The priority date of the 
                allocation under paragraph (1) shall be the priority 
                date of the water right held by the Bureau of 
                Reclamation.
                    (C) Administration.--
                            (i) In general.--The Tribe shall administer 
                        the water allocated under paragraph (1) in 
                        accordance with the Compact.
                            (ii) Temporary transfer.--In accordance 
                        with subsection (c), the Tribe may temporarily 
                        transfer by service contract, lease, exchange, 
                        or other agreement, not more than 50,000 acre-
                        feet of water allocated under paragraph (1)(A) 
                        off the Reservation, subject to the approval of 
                        the Secretary and the requirements of the 
                        Compact.
    (b) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Tribe shall enter into an allocation 
        agreement with the Secretary to establish the terms and 
        conditions of the allocation, in accordance with the terms and 
        conditions of the Compact and this Act.
            (2) Inclusions.--The allocation agreement under paragraph 
        (1) shall include, among other things, a provision that--
                    (A) it is without limit as to term;
                    (B) the Tribe, and not the United States, shall be 
                entitled to all consideration due to the Tribe under 
                any lease, contract, or agreement the Tribe may enter 
                into pursuant to the authority in subsection (c);
                    (C) the United States shall have no trust 
                obligation or other obligation to monitor, administer, 
                or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement the Tribe may enter into pursuant to 
                        the authority in subsection (c); or
                            (ii) the expenditure of such funds;
                    (D) if the facilities at Yellowtail Dam are 
                significantly reduced or are anticipated to be 
                significantly reduced for an extended period of time, 
                the Tribe shall have the same storage rights as other 
                storage contractors with respect to the allocation 
                under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Yellowtail Dam allocable to 
                the Tribe--
                            (i) shall be nonreimbursable; and
                            (ii) shall be excluded from any repayment 
                        obligation of the Tribe; and
                    (F) no water service capital charges shall be due 
                or payable for any water allocated to the Tribe 
                pursuant to this Act and the allocation agreement, 
                regardless of whether that water is delivered for use 
                by the Tribe or is delivered under any leases, 
                contracts, or agreements the Tribe may enter into 
                pursuant to the authority in subsection (c).
    (c) Temporary Transfer for Use Off Reservation.--
            (1) In general.--Notwithstanding any other provision of 
        statutory or common law, subject to paragraph (2), on approval 
        of the Secretary and subject to the terms and conditions of the 
        Compact, the Tribe may enter into a service contract, lease, 
        exchange, or other agreement providing for the temporary 
        delivery, use, or transfer of not more than 50,000 acre-feet 
        per year of water allocated under subsection (a)(1)(A) for use 
        off the Reservation.
            (2) Requirement.--An agreement under paragraph (1) shall 
        not permanently alienate any portion of the water allocated 
        under subsection (a)(1)(A).
    (d) Remaining Storage.--
            (1) In general.--Upon the date of enactment of this Act, 
        water in Bighorn Lake shall be considered to be fully allocated 
        and no further storage allocations shall be made by the 
        Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        prevents the Secretary from renewing the storage contract with 
        Pennsylvania Power and Light Company consistent with the 
        allocation to Pennsylvania Power and Light Company in existence 
        on the date of enactment of this Act, or entering into future 
        agreements with the Northern Cheyenne or Crow Tribes 
        facilitating the Northern Cheyenne and Crow Tribes' use of 
        their allocations of water from Bighorn Lake.

SEC. 9. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided to the Tribe and the 
allottees under the Compact and this Act shall satisfy all claims of 
the Tribe and the allottees waived and released pursuant to section 10.
    (b) Satisfaction of Claims Relating to Crow Irrigation Project.--
            (1) In general.--Subject to paragraph (2), the funds 
        authorized to be appropriated under subsections (a) and (h) of 
        section 14 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. Upon complete 
        appropriation of funds authorized by subsections (a) and (h) of 
        section 14 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 shall be deemed to have been 
        satisfied.
            (2) Effect.--Except as provided in section 5, nothing in 
        this Act 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 assessed on such tribal water users exceed 
                the amount of funds available under section 11(d)(3)(F) 
                for costs relating to CIP OM&R.
    (c) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in section 7(d), nothing in this Act recognizes 
or establishes any right of a member of the Tribe or an allottee to 
water within the Reservation or the ceded strip.

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) 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 
        Act, the Tribe, on behalf of itself and its members (but not 
        tribal members in their capacities as allottees), and the 
        United States acting in its capacity as trustee for the Tribe 
        and its members (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 
        that the Tribe, or the United States acting in its capacity as 
        trustee for the Tribe, asserted, or could have asserted, in any 
        proceeding, including but not limited to the Montana stream 
        adjudication, up to and including the enforceability date, 
        except to the extent that such rights are recognized in the 
        Compact as amended by this Act.
            (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 Tribe's water rights and other benefits 
        as set forth in the Compact and this Act, the United States 
        acting in its capacity 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 in its capacity as trustee for the 
        allottees asserted, or could have asserted, in any proceeding, 
        including but not limited to the Montana stream adjudication, 
        up to and including the enforceability date, except to the 
        extent that such rights are recognized in the Compact or this 
        Act.
            (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 its members, 
        is authorized to execute a waiver and release of--
                    (A) all claims against the United States, its 
                agencies, or employees, relating to claims for water 
                rights within the State that the United States acting 
                in its capacity as trustee for the Tribe asserted, or 
                could have asserted, in any proceeding, including but 
                not limited to the Montana stream adjudication, except 
                to the extent that such rights are recognized as tribal 
                water rights in this Act, including all claims relating 
                in any manner to the claims reserved against the United 
                States, its agencies or employees in section 4(e) of 
                the joint stipulation of settlement;
                    (B) 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 claims relating to failure to protect, 
                acquire, replace, or develop water, water rights or 
                water infrastructure) within the State that first 
                accrued at any time up 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, its 
                agencies, or employees relating to the pending 
                litigation of claims relating to the Tribe's water 
                rights in the State;
                    (D) all claims against the United States, its 
                agencies, or employees relating to the negotiation, 
                execution, or the adoption of the Compact, exhibits 
                thereto, or this Act;
                    (E) subject to the retention of rights set forth in 
                subsection (c), all claims for monetary damages that 
                first accrued at any time up to and including the 
                enforceability date with respect to--
                            (i) the failure to recognize or enforce the 
                        Tribe's claim of title to lands that are 
                        created by the movement of the Bighorn River; 
                        and
                            (ii) the failure to make productive use of 
                        those lands created by the movement of the 
                        Bighorn River to which the Tribe has claimed 
                        title;
                    (F) all claims that first accrued at any time up to 
                and including the enforceability date arising from the 
                taking or acquisition of the Tribe's land or resources 
                for the construction of the Yellowtail Dam;
                    (G) all claims that first accrued at any time up 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 up to 
                and including the enforceability date relating to the 
                generation of power from Yellowtail Dam or the lack 
                thereof.
    (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 Act, the Tribe on behalf of 
itself and its members and the United States acting in its capacity as 
trustee for the Tribe retain--
            (1) all claims for enforcement of the Compact, any final 
        decree, or this Act;
            (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 but not limited to any claims the Tribe 
        might have under Comprehensive Environmental Response, 
        Compensation, and Liability Act (including but not limited to 
        claims for damages to natural resources), the Safe Drinking 
        Water Act, the Clean Water Act, and the regulations 
        implementing these Acts;
            (4) 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);
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act 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 Tribe's claim of title to lands that are 
                created by the movement of the Bighorn River; and
                    (B) the productive use of those lands 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 
        subsection (a)(3)(B), and (E) through (H), inclusive.
    (d) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (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 Clean Water Act, 
        the Safe Drinking Water Act, the Comprehensive Environmental 
        Response, Compensation, and Liability Act, Resource 
        Conservation and Recovery Act, 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 of any other Indian tribe;
            (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; and
                    (B) 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) the Montana Water Court has issued a final 
                judgment and decree approving the Compact, or if the 
                Montana Water Court is found to lack jurisdiction, the 
                United States District Court of jurisdiction has 
                approved the Compact as a consent decree and such 
                approval is final;
                    (B) $197,877,000 has been deposited in the Crow 
                Settlement Fund;
                    (C) the Secretary has fulfilled his obligations to 
                negotiate an agreement with the Tribe in accordance 
                with sections 5(a) and 6(a);
                    (D) the State has appropriated and paid into an 
                interest-bearing escrow account any payments then due 
                to the Tribe under the Compact;
                    (E) the Tribe has ratified the Compact by 
                submitting the Act and the Compact to a vote by the 
                tribal membership for approval or disapproval and the 
                tribal membership has voted to approve the Act and the 
                Compact by a majority of votes cast on the day of the 
                vote, as certified by the Secretary and the Tribe;
                    (F) the Secretary has fulfilled the requirements of 
                section 8(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 authorized to be appropriated to carry out this Act 
        are appropriated.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.

SEC. 11. CROW SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Crow Settlement Fund, consisting of such amounts as 
are deposited in the fund under subsections (c) through (h) of section 
14.
    (b) Accounts of Crow Settlement Fund.--The Secretary shall 
establish in the Crow Settlement Fund the following accounts:
            (1) The Tribal Compact Administration account, consisting 
        of amounts authorized pursuant to section 14(c).
            (2) The Economic Development account, consisting of amounts 
        authorized pursuant to section 14(d).
            (3) The Water Development Projects account, consisting of 
        amounts authorized pursuant to section 14(e).
            (4) The MR&I System OM&R account, consisting of amounts 
        authorized pursuant to section 14(f).
            (5) The Yellowtail Dam OM&R account, consisting of amounts 
        authorized pursuant to section 14(g).
            (6) The CIP OM&R account, consisting of amounts authorized 
        pursuant to section 14(h).
    (c) Deposits to Crow Settlement Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        promptly deposit in the Crow Settlement Fund any amounts 
        appropriated for that purpose.
            (2) Deposits to accounts.--The Secretary of the Treasury 
        shall deposit amounts in the accounts of the Crow Settlement 
        Fund established under subsection (b) in descending order of 
        priority, with highest priority given to the Tribal Compact 
        Administration account established under subsection (b)(1).
    (d) Management.--
            (1) In general.--The Secretary shall manage the Crow 
        Settlement Fund, make investments from the Crow Settlement 
        Fund, and make monies available from the Crow Settlement Fund 
        for distribution to the Tribe consistent with the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.) (referred to in this subsection as the ``Trust Fund 
        Reform Act'').
            (2) Investment of crow settlement fund.--Upon the 
        enforceability date the Secretary shall invest amounts in the 
        Crow Settlement Fund in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161);
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (C) the obligations of Federal corporations and 
                Federal Government-sponsored entities the charter 
                documents of which provide that the obligations of the 
                entities are lawful investments for federally managed 
                funds, including--
                            (i) the obligations of the United States 
                        Postal Service described in section 2005 of 
                        title 39, United States Code;
                            (ii) bonds and other obligations of the 
                        Tennessee Valley Authority described in section 
                        15d of the Tennessee Valley Authority Act of 
                        1933 (16 U.S.C. 831n-4);
                            (iii) mortgages, obligations, and other 
                        securities of the Federal Home Loan Mortgage 
                        Corporation described in section 303 of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1452); and
                            (iv) bonds, notes, and debentures of the 
                        Commodity Credit Corporation described in 
                        section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4); and
                    (D) the obligations referred to in section 201 of 
                the Social Security Act (42 U.S.C. 401).
            (3) Distributions from crow settlement fund.--
                    (A) In general.--Funds from the Crow Settlement 
                Fund shall be used for each purpose described in 
                subparagraphs (B) through (G).
                    (B) Tribal compact administration account.--The 
                Tribal Compact Administration Account shall be used for 
                expenditures by the Tribe for Tribal Compact 
                Administration, in accordance with the definition of 
                Tribal Compact Administration under section 3.
                    (C) Economic development account.--The Economic 
                Development Account shall be used for expenditures by 
                the Tribe for economic development, in accordance with 
                the definition of Economic Development under section 3.
                    (D) Water development project account.--The Water 
                Development Project Account shall be used for 
                expenditures by the Tribe for 1 or more water 
                development projects, in accordance with the definition 
                of Water Development Project under section 3.
                    (E) Yellowtail dam om&r account.--Interest accrued 
                on the funds in the Yellowtail Dam OM&R Account in the 
                prior fiscal year shall be used for Yellowtail Dam OM&R 
                costs in the subsequent year. The interest shall be 
                used to reduce the Yellowtail Dam OM&R costs to all 
                tribal water users on a proportional basis for that 
                year.
                    (F) CIP om&r account.--
                            (i) In general.--Interest accrued on the 
                        funds in the CIP OM&R Account in the prior 
                        fiscal year shall be used for CIP OM&R costs in 
                        the subsequent year.
                            (ii) Reduction of costs to tribal water 
                        users.--
                                    (I) In general.--Subject to 
                                subclause (II), the interest described 
                                in clause (i) shall be used to reduce 
                                the CIP OM&R costs to all tribal water 
                                users on a proportional basis for that 
                                year.
                                    (II) Limitation on use of funds.--
                                Interest accrued on the funds in the 
                                CIP OM&R Account shall only be used to 
                                pay irrigation assessments for the 
                                Tribe, tribal entities and 
                                instrumentalities, tribal members, 
                                allottees, and entities owned by the 
                                Tribe, tribal members, or allottees.
                    (G) MR&I system om&r account.--
                            (i) In general.--Interest accrued on the 
                        funds from the MR&I System OM&R Account in the 
                        prior fiscal year shall be used for MR&I System 
                        OM&R costs in the subsequent year.
                            (ii) Reduction of costs to tribal water 
                        users.--
                                    (I) In general.--Subject to 
                                subclause (II), the interest described 
                                in clause (i) shall be used to reduce 
                                the MR&I System OM&R costs to all 
                                tribal water users on a proportional 
                                basis for that year.
                                    (II) Limitation on use of funds.--
                                The funds from the MR&I System OM&R 
                                Account shall only be used to reduce 
                                water charges for water used by the 
                                Tribe, tribal entities and 
                                instrumentalities, tribal members, 
                                allottees, and entities owned by the 
                                Tribe, tribal members, or allottees.
            (4) Withdrawals by tribe.--
                    (A) In general.--The Tribe may withdraw any portion 
                of amounts in the Crow Settlement Fund on approval by 
                the Secretary of a tribal management plan in accordance 
                with the Trust Fund Reform Act.
                    (B) Requirements.--
                            (i) In general.--In addition to the 
                        requirements under the Trust Fund Reform Act, 
                        the tribal management plan of the Tribe under 
                        subparagraph (A) shall require that the Tribe 
                        spend any amounts withdrawn from the Crow 
                        Settlement Fund in accordance with this Act.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial or administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce a tribal management plan to ensure that 
                        amounts withdrawn by the Tribe from the Crow 
                        Settlement Fund under this paragraph are used 
                        in accordance with this Act.
                    (C) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from the Crow 
                Settlement Fund by the Tribe under this paragraph.
                    (D) Expenditure plan.--
                            (i) In general.--For each fiscal year, the 
                        Tribe shall submit to the Secretary for 
                        approval an expenditure plan for any portion of 
                        the amounts described in subparagraph (A) that 
                        the Tribe elects not to withdraw under this 
                        paragraph during the fiscal year.
                            (ii) Inclusion.--An expenditure plan under 
                        clause (i) shall include a description of the 
                        manner in which, and the purposes for which, 
                        funds of the Tribe remaining in the Crow 
                        Settlement Fund will be used during subsequent 
                        fiscal years.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan if the 
                        Secretary determines that the plan is--
                                    (I) reasonable; and
                                    (II) consistent with this Act.
            (5) Annual reports.--The Tribe shall submit to the 
        Secretary annual reports describing each expenditure by the 
        Tribe of amounts in the Crow Settlement Fund during the 
        preceding calendar year.
            (6) Certain per capita distributions prohibited.--No amount 
        in the Crow Settlement Fund shall be distributed to any member 
        of the Tribe on a per capita basis.
    (e) Availability.--
            (1) In general.--Except as provided in paragraph (2), the 
        amounts in the Crow Settlement Fund shall be available for use 
        by the Secretary and withdrawal by the Tribe beginning on the 
        enforceability date.
            (2) Exception.--The amounts made available under section 
        14(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 10(e)(1)(E).
    (f) State Contribution.--The State contribution shall be provided 
in accordance with article VI(A) of the Compact.

SEC. 12. YELLOWTAIL DAM, MONTANA.

    (a) Streamflow and Lake Level Management Plan.--
            (1) Nothing in 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 the plan over any 
                other factor described in that section.
            (2) Bighorn Lake water management, including the Streamflow 
        and Lake Level Management Plan, is a Federal activity and 
        review and enforcement of any water management decisions shall 
        be as provided by Federal law.
            (3) The Streamflow and Lake Level Management Plan referred 
        to in and part of the Compact shall be interpreted to clearly 
        reflect paragraphs (1) and (2).
            (4) Notwithstanding any term (including any defined term) 
        or provision in the Streamflow and Lake Level Management Plan, 
        for purposes of this Act, the Compact, and the Streamflow and 
        Lake Level Management Plan, any requirement in that Plan that 
        the Crow 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 its meaning 
        and effect to, an obligation on the part of the Crow 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) Notwithstanding any other provision of law, the Tribe 
        shall have the exclusive right to develop and market power 
        generation as a water development project on the Yellowtail 
        Afterbay Dam.
            (2) The Bureau of Reclamation shall cooperate with the 
        Tribe on such project.
            (3) Any hydroelectric power generated under this provision 
        shall be used or marketed by the Tribe.
            (4) The Tribe shall retain any revenues from the sale of 
        hydroelectric power generated under this provision.
            (5) The United States shall have no trust obligation to 
        monitor, administer, or account for the revenues received by 
        the Tribe, or the expenditure of the revenues.
    (c) Consultation With Tribe.--The Bureau of Reclamation shall 
consult with the Tribe on at least a quarterly basis on all issues 
relating to the Bureau's management of Yellowtail Dam.
    (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. 13. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Tribe.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian 
land within the Reservation or the ceded strip--
            (1) the United States shall not submit against any Indian-
        owned land located within the Reservation or the ceded strip 
        any claim for reimbursement of the cost to the United States of 
        carrying out this Act and the Compact; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation or the ceded strip shall be made regarding that 
        cost.
    (d) Limitation on Liability of United States.--
            (1) In general.--The United States has no trust or other 
        obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any funds provided to the Tribe by any party to 
                the Compact other than the United States; or
                    (B) to review or approve any expenditure of those 
                funds.
            (2) Indemnification.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        all claims (including claims for takings or breach of trust) 
        arising from the receipt or expenditure of amounts described in 
        paragraph (1)(A).
    (e) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.
    (f) Limitations on Effect.--
            (1) In general.--Nothing in this Act, 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 currently pending 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 
                        or does not include 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 Article III (A)(6)(a)(1) and (2), (B)(6)(a)(1) 
        and (2), (E)(6)(a)(1) and (2), and (F)(6)(a)(1) and (2) of the 
        Compact that provide protections to certain water rights 
        recognized under the laws of the State 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.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Rehabilitation and Improvement of Crow Irrigation Project.--
There is authorized to be appropriated $160,653,000, adjusted to 
reflect changes since May 1, 2008, under section 5(e) for the 
rehabilitation and improvement of the Crow Irrigation Project.
    (b) Design and Construction of MR&I System.--There is authorized to 
be appropriated $200,840,000, adjusted to reflect changes since May 1, 
2008, under section 6(e) for the design and construction of the MR&I 
System.
    (c) Tribal Compact Administration.--There is authorized to be 
appropriated $4,776,000 for Tribal Compact Administration.
    (d) Economic Development Projects.--There is authorized to be 
appropriated $47,762,000 for Economic Development Projects.
    (e) Water Development Projects.--There is authorized to be 
appropriated $44,889,000 (as adjusted to reflect changes in 
construction cost indices applicable to the types of construction 
involved during the period beginning on May 1, 2008, and ending on the 
date of appropriation) for Water Development Projects.
    (f) MR&I System OM&R.--There is authorized to be appropriated 
$72,256,000 (as adjusted to reflect changes in appropriate cost indices 
during the period beginning on May 1, 2008, and ending on the date of 
appropriation) for MR&I OM&R.
    (g) Yellowtail Dam OM&R.--There is authorized to be appropriated 
$12,987,000 (as adjusted to reflect changes in appropriate cost indices 
during the period beginning on May 1, 2008, and ending on the date of 
appropriation) for Yellowtail Dam OM&R.
    (h) CIP OM&R.--There is authorized to be appropriated $15,207,000 
(as adjusted to reflect changes in appropriate cost indices during the 
period beginning on May 1, 2008, and ending on the date of 
appropriation) for CIP OM&R.
    (i) Environmental Compliance.--There are authorized to be 
appropriated such sums as are necessary to carry out all necessary 
environmental compliance activities undertaken by the Secretary 
associated with the Compact and this Act.
    (j) Bureau of Reclamation Costs for Crow Irrigation Project.--There 
are authorized to be appropriated such sums as are necessary for the 
Bureau of Reclamation to carry out its role as lead agency for the 
rehabilitation and improvement of the Crow Irrigation Project.
    (k) Bureau of Reclamation Costs for MR&I System.--There are 
authorized to be appropriated such sums as are necessary for the Bureau 
of Reclamation to carry out its role as lead agency for the design and 
construction of the MR&I System.

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

    If the Secretary does not publish a statement of findings under 
section 10(e) by March 31, 2016, or such extended date as agreed to by 
the Tribe and the Secretary after reasonable notice to the State--
            (1) this Act is repealed effective January 1, 2016, and any 
        action taken by the Secretary and any contract or agreement 
        pursuant to the authority provided under any provision of this 
        Act shall be void;
            (2) any amounts appropriated under section 14, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (3) any amounts made available under section 14 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.
                                                       Calendar No. 259

111th CONGRESS

  2d Session

                                 S. 375

                          [Report No. 111-118]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 21, 2010

                       Reported with an amendment