[Congressional Record Volume 156, Number 154 (Tuesday, November 30, 2010)]
[House]
[Pages H7658-H7695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLAIMS RESOLUTION ACT OF 2010
Mr. RAHALL. Madam Speaker, pursuant to House Resolution 1736, I move
to take from the Speaker's table the bill (H.R. 4783) to accelerate the
income tax benefits for charitable cash contributions for the relief of
victims of the earthquake in Chile, and to extend the period from which
such contributions for the relief of victims of the earthquake in Haiti
may be accelerated, with the Senate amendments thereto, and I have a
motion at the desk.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendments.
The text of the Senate amendments is as follows:
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Claims
Resolution Act of 2010''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT
Sec. 101. Individual Indian Money Account Litigation Settlement.
TITLE II--FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS
DISCRIMINATION LITIGATION
Sec. 201. Appropriation of funds for final settlement of claims from In
re Black Farmers Discrimination Litigation.
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. Approval of Agreement.
Sec. 305. Water rights.
Sec. 306. Contract.
Sec. 307. Authorization of WMAT rural water system.
Sec. 308. Satisfaction of claims.
Sec. 309. Waivers and releases of claims.
Sec. 310. White Mountain Apache Tribe Water Rights Settlement
Subaccount.
Sec. 311. Miscellaneous provisions.
Sec. 312. Funding.
Sec. 313. Antideficiency.
Sec. 314. Compliance with environmental laws.
TITLE IV--CROW TRIBE WATER RIGHTS SETTLEMENT
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. Ratification of Compact.
Sec. 405. Rehabilitation and improvement of Crow Irrigation Project.
Sec. 406. Design and construction of MR&I System.
Sec. 407. Tribal water rights.
Sec. 408. Storage allocation from Bighorn Lake.
Sec. 409. Satisfaction of claims.
Sec. 410. Waivers and releases of claims.
Sec. 411. Crow Settlement Fund.
Sec. 412. Yellowtail Dam, Montana.
Sec. 413. Miscellaneous provisions.
Sec. 414. Funding.
Sec. 415. Repeal on failure to meet enforceability date.
Sec. 416. Antideficiency.
TITLE V--TAOS PUEBLO INDIAN WATER RIGHTS
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Pueblo rights.
Sec. 505. Taos Pueblo Water Development Fund.
Sec. 506. Marketing.
Sec. 507. Mutual-Benefit Projects.
Sec. 508. San Juan-Chama Project contracts.
Sec. 509. Authorizations, ratifications, confirmations, and conditions
precedent.
Sec. 510. Waivers and releases of claims.
Sec. 511. Interpretation and enforcement.
Sec. 512. Disclaimer.
Sec. 513. Antideficiency.
TITLE VI--AAMODT LITIGATION SETTLEMENT
Sec. 601. Short title.
Sec. 602. Definitions.
Subtitle A--Pojoaque Basin Regional Water System
Sec. 611. Authorization of Regional Water System.
Sec. 612. Operating Agreement.
Sec. 613. Acquisition of Pueblo water supply for Regional Water System.
Sec. 614. Delivery and allocation of Regional Water System capacity and
water.
Sec. 615. Aamodt Settlement Pueblos' Fund.
Sec. 616. Environmental compliance.
Sec. 617. Funding.
Subtitle B--Pojoaque Basin Indian Water Rights Settlement
Sec. 621. Settlement Agreement and contract approval.
Sec. 622. Environmental compliance.
Sec. 623. Conditions precedent and enforcement date.
Sec. 624. Waivers and releases of claims.
Sec. 625. Effect.
Sec. 626. Antideficiency.
TITLE VII--RECLAMATION WATER SETTLEMENTS FUND
Sec. 701. Mandatory appropriation.
TITLE VIII--GENERAL PROVISIONS
Subtitle A--Unemployment Compensation Program Integrity
Sec. 801. Collection of past-due, legally enforceable State debts.
Sec. 802. Reporting of first day of earnings to directory of new hires.
Subtitle B--TANF
Sec. 811. Extension of the Temporary Assistance for Needy Families
program.
Sec. 812. Modifications to TANF data reporting.
Subtitle C--Customs User Fees; Continued Dumping and Subsidy Offset
Sec. 821. Customs user fees.
Sec. 822. Limitation on distributions relating to repeal of continued
dumping and subsidy offset.
Subtitle D--Emergency Fund for Indian Safety and Health
Sec. 831. Emergency Fund for Indian Safety and Health.
Subtitle E--Rescission of Funds From WIC Program
Sec. 841. Rescission of funds from WIC program.
Subtitle F--Budgetary Effects
Sec. 851. Budgetary effects.
TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT
SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION
SETTLEMENT.
(a) Definitions.--In this section:
(1) Agreement on attorneys' fees, expenses, and costs.--The
term ``Agreement on Attorneys' Fees, Expenses, and Costs''
means the agreement dated December 7, 2009, between Class
Counsel (as defined in the Settlement) and the Defendants (as
defined in the Settlement) relating to attorneys' fees,
expenses, and costs incurred by Class Counsel in connection
with the Litigation and implementation of the Settlement, as
modified by the parties to the Litigation.
(2) Amended complaint.--The term ``Amended Complaint''
means the Amended Complaint attached to the Settlement.
(3) Final approval.--The term ``final approval'' has the
meaning given the term in the Settlement.
(4) Land consolidation program.--The term ``Land
Consolidation Program'' means a program conducted in
accordance with the Settlement, the Indian Land Consolidation
Act (25 U.S.C. 2201 et seq.), and subsection (e)(2) under
which the Secretary may purchase fractional interests in
trust or restricted land.
(5) Litigation.--The term ``Litigation'' means the case
entitled Elouise Cobell et al. v. Ken Salazar et al., United
States District Court, District of Columbia, Civil Action No.
96-1285 (TFH).
(6) Plaintiff.--The term ``Plaintiff'' means a member of
any class certified in the Litigation.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Settlement.--The term ``Settlement'' means the Class
Action Settlement Agreement dated December 7, 2009, in the
Litigation, as modified by the parties to the Litigation.
(9) Trust administration adjustment fund.--The term ``Trust
Administration Adjustment Fund'' means the $100,000,000
deposited in the Settlement Account (as defined in the
Settlement) pursuant to subsection (j)(1) for use in making
the adjustments authorized by that subsection.
(10) Trust administration class.--The term ``Trust
Administration Class'' means the Trust Administration Class
as defined in the Settlement.
(b) Purpose.--The purpose of this section is to authorize
the Settlement.
(c) Authorization.--
(1) In general.--The Settlement is authorized, ratified,
and confirmed.
[[Page H7659]]
(2) Amendments.--Any amendment to the Settlement is
authorized, ratified, and confirmed, to the extent that such
amendment is executed to make the Settlement consistent with
this section.
(d) Jurisdictional Provisions.--
(1) In general.--Notwithstanding the limitation on the
jurisdiction of the district courts of the United States in
section 1346(a)(2) of title 28, United States Code, the
United States District Court for the District of Columbia
shall have jurisdiction of the claims asserted in the Amended
Complaint for purposes of the Settlement.
(2) Certification of trust administration class.--
(A) In general.--Notwithstanding the requirements of the
Federal Rules of Civil Procedure, the court in the Litigation
may certify the Trust Administration Class.
(B) Treatment.--On certification under subparagraph (A),
the Trust Administration Class shall be treated as a class
certified under rule 23(b)(3) of the Federal Rules of Civil
Procedure for purposes of the Settlement.
(e) Trust Land Consolidation.--
(1) Trust land consolidation fund.--
(A) Establishment.--On final approval of the Settlement,
there shall be established in the Treasury of the United
States a fund, to be known as the ``Trust Land Consolidation
Fund''.
(B) Availability of amounts.--Amounts in the Trust Land
Consolidation Fund shall be made available to the Secretary
during the 10-year period beginning on the date of final
approval of the Settlement--
(i) to conduct the Land Consolidation Program; and
(ii) for other costs specified in the Settlement.
(C) Deposits.--
(i) In general.--On final approval of the Settlement, the
Secretary of the Treasury shall deposit in the Trust Land
Consolidation Fund $1,900,000,000 out of the amounts
appropriated to pay final judgments, awards, and compromise
settlements under section 1304 of title 31, United States
Code.
(ii) Conditions met.--The conditions described in section
1304 of title 31, United States Code, shall be deemed to be
met for purposes of clause (i).
(D) Transfers.--In a manner designed to encourage
participation in the Land Consolidation Program, the
Secretary may transfer, at the discretion of the Secretary,
not more than $60,000,000 of amounts in the Trust Land
Consolidation Fund to the Indian Education Scholarship
Holding Fund established under paragraph (3).
(2) Operation.--The Secretary shall consult with Indian
tribes to identify fractional interests within the respective
jurisdictions of the Indian tribes for purchase in a manner
that is consistent with the priorities of the Secretary.
(3) Indian education scholarship holding fund.--
(A) Establishment.--On final approval of the Settlement,
there shall be established in the Treasury of the United
States a fund, to be known as the ``Indian Education
Scholarship Holding Fund''.
(B) Availability.--Notwithstanding any other provision of
law governing competition, public notification, or Federal
procurement or assistance, amounts in the Indian Education
Scholarship Holding Fund shall be made available, without
further appropriation, to the Secretary to contribute to an
Indian Education Scholarship Fund, as described in the
Settlement, to provide scholarships for Native Americans.
(4) Acquisition of trust or restricted land.--The Secretary
may acquire, at the discretion of the Secretary and in
accordance with the Land Consolidation Program, any
fractional interest in trust or restricted land.
(5) Treatment of unlocatable plaintiffs.--A Plaintiff, the
whereabouts of whom are unknown and who, after reasonable
efforts by the Secretary, cannot be located during the 5-year
period beginning on the date of final approval of the
Settlement, shall be considered to have accepted an offer
made pursuant to the Land Consolidation Program.
(f) Taxation and Other Benefits.--
(1) Internal revenue code.--For purposes of the Internal
Revenue Code of 1986, amounts received by an individual
Indian as a lump sum or a periodic payment pursuant to the
Settlement shall not be--
(A) included in gross income; or
(B) taken into consideration for purposes of applying any
provision of the Internal Revenue Code that takes into
account excludable income in computing adjusted gross income
or modified adjusted gross income, including section 86 of
that Code (relating to Social Security and tier 1 railroad
retirement benefits).
(2) Other benefits.--Notwithstanding any other provision of
law, for purposes of determining initial eligibility, ongoing
eligibility, or level of benefits under any Federal or
federally assisted program, amounts received by an individual
Indian as a lump sum or a periodic payment pursuant to the
Settlement shall not be treated for any household member,
during the 1-year period beginning on the date of receipt--
(A) as income for the month during which the amounts were
received; or
(B) as a resource.
(g) Incentive Awards and Award of Attorneys' Fees,
Expenses, and Costs Under Settlement Agreement.--
(1) In general.--Subject to paragraph (3), the court in the
Litigation shall determine the amount to which the Plaintiffs
in the Litigation may be entitled for incentive awards and
for attorneys' fees, expenses, and costs--
(A) in accordance with controlling law, including, with
respect to attorneys' fees, expenses, and costs, any
applicable rule of law requiring counsel to produce
contemporaneous time, expense, and cost records in support of
a motion for such fees, expenses, and costs; and
(B) giving due consideration to the special status of Class
Members (as defined in the Settlement) as beneficiaries of a
federally created and administered trust.
(2) Notice of agreement on attorneys' fees, expenses, and
costs.--The description of the request of Class Counsel for
an amount of attorneys' fees, expenses, and costs required
under paragraph C.1.d. of the Settlement shall include a
description of all material provisions of the Agreement on
Attorneys' Fees, Expenses, and Costs.
(3) Effect on agreement.--Nothing in this subsection limits
or otherwise affects the enforceability of the Agreement on
Attorneys' Fees, Expenses, and Costs.
(h) Selection of Qualifying Bank.--The United States
District Court for the District of Columbia, in exercising
the discretion of the Court to approve the selection of any
proposed Qualifying Bank (as defined in the Settlement) under
paragraph A.1. of the Settlement, may consider any factors or
circumstances regarding the proposed Qualifying Bank that the
Court determines to be appropriate to protect the rights and
interests of Class Members (as defined in the Settlement) in
the amounts to be deposited in the Settlement Account (as
defined in the Settlement).
(i) Appointees to Special Board of Trustees.--The 2 members
of the special board of trustees to be selected by the
Secretary under paragraph G.3. of the Settlement shall be
selected only after consultation with, and after considering
the names of possible candidates timely offered by, federally
recognized Indian tribes.
(j) Trust Administration Class Adjustments.--
(1) Funds.--
(A) In general.--In addition to the amounts deposited
pursuant to paragraph E.2. of the Settlement, on final
approval, the Secretary of the Treasury shall deposit in the
Trust Administration Adjustment Fund of the Settlement
Account (as defined in the Settlement) $100,000,000 out of
the amounts appropriated to pay final judgments, awards, and
compromise settlements under section 1304 of title 31, United
States Code, to be allocated and paid by the Claims
Administrator (as defined in the Settlement and pursuant to
paragraph E.1.e of the Settlement) in accordance with this
subsection.
(B) Conditions met.--The conditions described in section
1304 of title 31, United States Code, shall be deemed to be
met for purposes of subparagraph (A).
(2) Adjustment.--
(A) In general.--After the calculation of the pro rata
share in Section E.4.b of the Settlement, the Trust
Administration Adjustment Fund shall be used to increase the
minimum payment to each Trust Administration Class Member
whose pro rata share is--
(i) zero; or
(ii) greater than zero, but who would, after adjustment
under this subparagraph, otherwise receive a smaller Stage 2
payment than those Trust Administration Class Members
described in clause (i).
(B) Result.--The amounts in the Trust Administration
Adjustment Fund shall be applied in such a manner as to
ensure, to the extent practicable (as determined by the court
in the Litigation), that each Trust Administration Class
Member receiving amounts from the Trust Administration
Adjustment Fund receives the same total payment under Stage 2
of the Settlement after making the adjustments required by
this subsection.
(3) Timing of payments.--The payments authorized by this
subsection shall be included with the Stage 2 payments under
paragraph E.4. of the Settlement.
(k) Effect of Adjustment Provisions.--Notwithstanding any
provision of this section, in the event that a court
determines that the application of subsection (j) is unfair
to the Trust Administration Class--
(1) subsection (j) shall not go into effect; and
(2) on final approval of the Settlement, in addition to the
amounts deposited into the Trust Land Consolidation Fund
pursuant to subsection (e), the Secretary of the Treasury
shall deposit in that Fund $100,000,000 out of amounts
appropriated to pay final judgments, awards, and compromise
settlements under section 1304 of title 31, United States
Code (the conditions of which section shall be deemed to be
met for purposes of this paragraph) to be used by the
Secretary in accordance with subsection (e).
TITLE II--FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS
DISCRIMINATION LITIGATION
SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF
CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION
LITIGATION.
(a) Definitions.--In this section:
(1) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement agreement dated February 18,
2010 (including any modifications agreed to by the
[[Page H7660]]
parties and approved by the court under that agreement)
between certain plaintiffs, by and through their counsel, and
the Secretary of Agriculture to resolve, fully and forever,
the claims raised or that could have been raised in the cases
consolidated in In re Black Farmers Discrimination
Litigation, Misc. No. 08-mc-0511 (PLF), including Pigford
claims asserted under section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2209).
(2) Pigford claim.--The term ``Pigford claim'' has the
meaning given that term in section 14012(a)(3) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2210).
(b) Appropriation of Funds.--There is appropriated to the
Secretary of Agriculture $1,150,000,000, to remain available
until expended, to carry out the terms of the Settlement
Agreement if the Settlement Agreement is approved by a court
order that is or becomes final and nonappealable, and the
court finds that the Settlement Agreement is modified to
incorporate the additional terms contained in subsection (g).
The funds appropriated by this subsection are in addition to
the $100,000,000 of funds of the Commodity Credit Corporation
made available by section 14012(i) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212)
and shall be available for obligation only after those
Commodity Credit Corporation funds are fully obligated. If
the Settlement Agreement is not approved as provided in this
subsection, the $100,000,000 of funds of the Commodity Credit
Corporation made available by section 14012(i) of the Food,
Conservation, and Energy Act of 2008 shall be the sole
funding available for Pigford claims.
(c) Use of Funds.--The use of the funds appropriated by
subsection (b) shall be subject to the express terms of the
Settlement Agreement.
(d) Treatment of Remaining Funds.--If any of the funds
appropriated by subsection (b) are not obligated and expended
to carry out the Settlement Agreement, the Secretary of
Agriculture shall return the unused funds to the Treasury and
may not make the unused funds available for any purpose
related to section 14012 of the Food, Conservation, and
Energy Act of 2008, for any other settlement agreement
executed in In re Black Farmers Discrimination Litigation,
No. 08-511 (D.D.C.), or for any other purpose.
(e) Rules of Construction.--Nothing in this section shall
be construed as requiring the United States, any of its
officers or agencies, or any other party to enter into the
Settlement Agreement or any other settlement agreement.
Nothing in this section shall be construed as creating the
basis for a Pigford claim.
(f) Conforming Amendments.--Section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2209) is amended--
(1) in subsection (c)(1)--
(A) by striking ``subsection (h)'' and inserting
``subsection (g)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(2) by striking subsection (e);
(3) in subsection (g), by striking ``subsection (f)'' and
inserting ``subsection (e)'';
(4) in subsection (i)--
(A) by striking ``(1) In general.--Of the funds'' and
inserting ``Of the funds'';
(B) by striking paragraph (2); and
(C) by striking ``subsection (g)'' and inserting
``subsection (f)'';
(5) by striking subsection (j); and
(6) by redesignating subsections (f), (g), (h), (i), and
(k) as subsections (e), (f), (g), (h), and (i), respectively.
(g) Additional Settlement Terms.--For the purposes of this
section and funding for the Settlement Agreement, the
following are additional terms:
(1) Definitions.--In this subsection:
(A) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement, including any modifications
agreed to by the parties and approved by the court, between
the Secretary of Agriculture and certain plaintiffs, by and
through their counsel in litigation titled Black Farmers
Discrimination Litigation, Misc. No. 08-mc-0511 (PLF).
(B) Neutral adjudicator.--
(i) In general.--The term ``Neutral Adjudicator'' means a
Track A Neutral or a Track B Neutral as those terms are
defined in the Settlement Agreement, who have been hired by
Lead Class Counsel as that term is defined in the Settlement
Agreement.
(ii) Requirement.--The Track A and B Neutrals called for in
the Settlement Agreement shall be approved by the Secretary
of the United States Department of Agriculture, the Attorney
General, and the court.
(2) Oath.--Every Neutral Adjudicator shall take an oath
administered by the court prior to hearing claims.
(3) Additional documentation or evidence.--Any Neutral
Adjudicator may, during the course of hearing claims, require
claimants to provide additional documentation and evidence
if, in the Neutral Adjudicator's judgment, the additional
documentation and evidence would be necessary or helpful in
deciding the merits of the claim, or if the adjudicator
suspects fraud regarding the claim.
(4) Attorneys fees, expenses, and costs.--
(A) In general.--Subject to subparagraph (B) and the
provisions of the Settlement Agreement regarding attorneys'
fee caps and maximum and minimum percentages for awards of
attorneys fees, the court shall make any determination as to
the amount of attorneys' fees, expenses, and costs in
accordance with controlling law, including, with respect to
attorneys' fees, expenses, and costs, any applicable rule of
law requiring counsel to produce contemporaneous time,
expenses, and cost records in support of a motion for such
fees, expenses, and costs.
(B) Effect on agreement.--Nothing in this paragraph limits
or otherwise affects the enforceability of provisions
regarding attorneys' fees, expenses, and costs that may be
contained in the Settlement Agreement.
(5) Certification.--An attorney filing a claim on behalf of
a claimant shall swear, under penalty of perjury, that: ``to
the best of the attorney's knowledge, information, and belief
formed after an inquiry reasonable under the circumstances,
the claim is supported by existing law and the factual
contentions have evidentiary support''.
(6) Distribution of claims determinations and settlement
funds.--In order to ensure full transparency of the
administration of claims under the Settlement Agreement, the
Claims Administrator as that term is defined in the
Settlement Agreement, shall provide to the Secretary of
Agriculture, the Inspector General of the Department of
Agriculture, the Attorney General, and Lead Class Counsel as
that term is defined in the Settlement Agreement, all
information regarding Distribution of Claims Determinations
and Settlement Funds described in the Settlement Agreement.
(h) Reports.--
(1) Government accountability office.--
(A) In general.--The Comptroller General of the United
States shall evaluate the internal controls (including
internal controls concerning fraud and abuse) created to
carry out the terms of the Settlement Agreement, and report
to the Congress at least 2 times throughout the duration of
the claims adjudication process on the results of this
evaluation.
(B) Access to information.--Solely for purposes of
conducting the evaluation under subparagraph (A), the
Comptroller General shall have access, upon request, to the
claims administrator, the claims adjudicators, and related
officials, appointed in connection with the aforementioned
settlement, and to any information and records generated,
used, or received by them, including names and addresses.
(2) USDA inspector general.--
(A) Performance audit.--The Inspector General of the
Department of Agriculture shall, within 180 days of the
initial adjudication of claims, and subsequently as
appropriate, perform a performance audit based on a
statistical sampling of adjudicated claims.
(B) Audit recipients.--The audits described in clause (i)
shall be provided to Secretary of Agriculture and the
Attorney General.
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``White Mountain Apache
Tribe Water Rights Quantification Act of 2010''.
SEC. 302. PURPOSES.
The purposes of this title are--
(1) to authorize, ratify, and confirm the Agreement;
(2) to authorize and direct the Secretary to execute the
Agreement and take any other action necessary to carry out
all obligations of the Secretary under the Agreement in
accordance with this title;
(3) to authorize the amounts necessary for the United
States to meet the obligations of the United States under the
Agreement and this title; and
(4) to permanently resolve certain damage claims and all
water rights claims among--
(A) the Tribe and its members;
(B) the United States, acting as trustee for the Tribe and
its members;
(C) the parties to the Agreement; and
(D) all other claimants seeking to determine the nature and
extent of the water rights of the Tribe, its members, the
United States, acting as trustee for the Tribe and its
members, and other claimants in--
(i) the consolidated civil action in the Superior Court of
the State of Arizona for the County of Maricopa styled In re
the General Adjudication of All Rights To Use Water In The
Gila River System and Source, W-1 (Salt), W-2 (Verde), W-3
(Upper Gila), W-4 (San Pedro); and
(ii) the civil action pending in the Superior Court of the
State of Arizona for the County of Apache styled In re the
General Adjudication of All Rights to Use Water in the Little
Colorado River System and Source and numbered CIV-6417.
SEC. 303. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means--
(A) the WMAT Water Rights Quantification Agreement dated
January 13, 2009; and
(B) any amendment or exhibit (including exhibit amendments)
to that Agreement that are--
(i) made in accordance with this title; or
(ii) otherwise approved by the Secretary.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(3) CAP.--The term ``CAP'' means the reclamation project
authorized and constructed by the United States in accordance
with title III of the Colorado River Basin Project Act (43
U.S.C. 1521 et seq.).
(4) CAP contractor.--The term ``CAP contractor'' means an
individual or entity that has entered into a long-term
contract (as
[[Page H7661]]
that term is used in the repayment stipulation) with the
United States for delivery of water through the CAP system.
(5) CAP fixed om&r charge.--The term ``CAP fixed OM&R
charge'' has the meaning given the term in the repayment
stipulation.
(6) CAP m&i priority water.--The term ``CAP M&I priority
water'' means the CAP water having a municipal and industrial
delivery priority under the repayment contract.
(7) CAP subcontractor.--The term ``CAP subcontractor''
means an individual or entity that has entered into a long-
term subcontract (as that term is used in the repayment
stipulation) with the United States and the District for the
delivery of water through the CAP system.
(8) CAP system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant works of a feature
described in any of subparagraphs (A) through (D); and
(F) any extension of, addition to, or replacement for a
feature described in any of subparagraphs (A) through (E).
(9) CAP water.--The term ``CAP water'' means ``Project
Water'' (as that term is defined in the repayment
stipulation).
(10) Contract.--The term ``Contract'' means--
(A) the proposed contract between the Tribe and the United
States attached as exhibit 7.1 to the Agreement and numbered
08-XX-30-W0529; and
(B) any amendments to that contract.
(11) District.--The term ``District'' means the Central
Arizona Water Conservation District, a political subdivision
of the State that is the contractor under the repayment
contract.
(12) Enforceability date.--The term ``enforceability date''
means the date described in section 309(d)(1).
(13) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(14) Injury to water rights.--
(A) In general.--The term ``injury to water rights'' means
an interference with, diminution of, or deprivation of, a
water right under Federal, State, or other law.
(B) Inclusions.--The term ``injury to water rights''
includes--
(i) a change in the groundwater table; and
(ii) any effect of such a change.
(C) Exclusion.--The term ``injury to water rights'' does
not include any injury to water quality.
(15) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the
fund established by section 403 of the Colorado River Basin
Project Act (43 U.S.C. 1543).
(16) Off-reservation trust land.--The term ``off-
reservation trust land'' means land--
(A) located outside the exterior boundaries of the
reservation that is held in trust by the United States for
the benefit of the Tribe as of the enforceability date; and
(B) depicted on the map attached to the Agreement as
exhibit 2.57.
(17) Operating agency.--The term ``Operating Agency'' means
the 1 or more entities authorized to assume responsibility
for the care, operation, maintenance, and replacement of the
CAP system.
(18) Repayment contract.--The term ``repayment contract''
means--
(A) the contract between the United States and the District
for delivery of water and repayment of the costs of the CAP,
numbered 14-06-W-245 (Amendment No. 1), and dated December 1,
1988; and
(B) any amendment to, or revision of, that contract.
(19) Repayment stipulation.--The term ``repayment
stipulation'' means the stipulated judgment and the
stipulation for judgment (including any exhibits to those
documents) entered on November 21, 2007, in the United States
District Court for the District of Arizona in the
consolidated civil action styled Central Arizona Water
Conservation District v. United States, et al., and numbered
CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
(20) Reservation.--
(A) In general.--The term ``reservation'' means the land
within the exterior boundary of the White Mountain Indian
Reservation established by the Executive order dated November
9, 1871, as modified by subsequent Executive orders and Acts
of Congress--
(i) known on the date of enactment of this Act as the
``Fort Apache Reservation'' pursuant to chapter 3 of the Act
of June 7, 1897 (30 Stat. 62); and
(ii) generally depicted on the map attached to the
Agreement as exhibit 2.81.
(B) No effect on dispute or as admission.--The depiction of
the reservation described in subparagraph (A)(ii) shall not--
(i) be used to affect any dispute between the Tribe and the
United States concerning the legal boundary of the
reservation; or
(ii) constitute an admission by the Tribe with regard to
any dispute between the Tribe and the United States
concerning the legal boundary of the reservation.
(21) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(22) State.--The term ``State'' means the State of Arizona.
(23) Tribal cap water.--The term ``tribal CAP water'' means
the CAP water to which the Tribe is entitled pursuant to the
Contract.
(24) Tribal water rights.--The term ``tribal water rights''
means the water rights of the Tribe described in paragraph
4.0 of the Agreement.
(25) Tribe.--The term ``Tribe'' means the White Mountain
Apache Tribe organized under section 16 of the Act of June
18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 476).
(26) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, or effluent under
Federal, State, or other law.
(27) WMAT rural water system.--The term ``WMAT rural water
system'' means the municipal, rural, and industrial water
diversion, storage, and delivery system described in section
307.
(28) Year.--The term ``year'' means a calendar year.
SEC. 304. APPROVAL OF AGREEMENT.
(a) Approval.--
(1) In general.--Except to the extent that any provision of
the Agreement conflicts with a provision of this title, the
Agreement is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Agreement is
authorized, ratified, and confirmed, to the extent that such
amendment is executed to make the Agreement consistent with
this title.
(b) Execution of Agreement.--
(1) In general.--To the extent that the Agreement does not
conflict with this title, the Secretary shall promptly--
(A) execute the Agreement, including all exhibits to the
Agreement requiring the signature of the Secretary; and
(B) in accordance with the Agreement, execute any amendment
to the Agreement, including any amendment to any exhibit to
the Agreement requiring the signature of the Secretary, that
is not inconsistent with this title; and
(2) Discretion of the secretary.--The Secretary may execute
any other amendment to the Agreement, including any amendment
to any exhibit to the Agreement requiring the signature of
the Secretary, that is not inconsistent with this title if
the amendment does not require congressional approval
pursuant to the Trade and Intercourse Act (25 U.S.C. 177) or
other applicable Federal law (including regulations).
(c) National Environmental Policy Act.--
(1) Environmental compliance.--In implementing the
Agreement and carrying out this title, the Secretary shall
promptly comply with all applicable requirements of--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(C) all other applicable Federal environmental laws; and
(D) all regulations promulgated under the laws described in
subparagraphs (A) through (C).
(2) Execution of agreement.--
(A) In general.--Execution of the Agreement by the
Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(B) Environmental compliance.--The Secretary shall carry
out all necessary environmental compliance activities
required by Federal law in implementing the Agreement.
(3) Lead agency.--The Bureau shall serve as the lead agency
with respect to ensuring environmental compliance associated
with the WMAT rural water system.
SEC. 305. WATER RIGHTS.
(a) Treatment of Tribal Water Rights.--The tribal water
rights--
(1) shall be held in trust by the United States on behalf
of the Tribe; and
(2) shall not be subject to forfeiture or abandonment.
(b) Reallocation.--
(1) In general.--In accordance with this title and the
Agreement, the Secretary shall reallocate to the Tribe, and
offer to enter into a contract with the Tribe for the
delivery in accordance with this section of--
(A) an entitlement to 23,782 acre-feet per year of CAP
water that has a non-Indian agricultural delivery priority
(as defined in the Contract) in accordance with section
104(a)(1)(A)(iii) of the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3488), of which--
(i) 3,750 acre-feet per year shall be firmed by the United
States for the benefit of the Tribe for the 100-year period
beginning on January 1, 2008, with priority equivalent to CAP
M&I priority water, in accordance with section 105(b)(1)(B)
of that Act (118 Stat. 3492); and
(ii) 3,750 acre-feet per year shall be firmed by the State
for the benefit of the Tribe for the 100-year period
beginning on January 1, 2008, with priority equivalent to CAP
M&I priority water, in accordance with section 105(b)(2)(B)
of that Act (118 Stat. 3492); and
(B) an entitlement to 1,218 acre-feet per year of the
water--
(i) acquired by the Secretary through the permanent
relinquishment of the Harquahala Valley Irrigation District
CAP subcontract entitlement in accordance with the contract
numbered 3-07-30-W0290 among the District, Harquahala Valley
Irrigation District, and the United States; and
(ii) converted to CAP Indian Priority water (as defined in
the Contract) pursuant to the
[[Page H7662]]
Fort McDowell Indian Community Water Rights Settlement Act of
1990 (Public Law 101-628; 104 Stat. 4480).
(2) Authority of tribe.--Subject to approval by the
Secretary under section 306(a)(1), the Tribe shall have the
sole authority to lease, distribute, exchange, or allocate
the tribal CAP water described in paragraph (1).
(c) Water Service Capital Charges.--The Tribe shall not be
responsible for any water service capital charge for tribal
CAP water.
(d) Allocation and Repayment.--For the purpose of
determining the allocation and repayment of costs of any
stage of the CAP constructed after November 21, 2007, the
costs associated with the delivery of water described in
subsection (b), regardless of whether the water is delivered
for use by the Tribe or in accordance with any assignment,
exchange, lease, option to lease, or other agreement for the
temporary disposition of water entered into by the Tribe,
shall be--
(1) nonreimbursable; and
(2) excluded from the repayment obligation of the District.
(e) Water Code.--Not later than 18 months after the
enforceability date, the Tribe shall enact a water code
that--
(1) governs the tribal water rights; and
(2) includes, at a minimum--
(A) provisions requiring the measurement, calculation, and
recording of all diversions and depletions of water on the
reservation and on off-reservation trust land;
(B) terms of a water conservation plan, including
objectives, conservation measures, and an implementation
timeline;
(C) provisions requiring the approval of the Tribe for the
severance and transfer of rights to the use of water from
historically irrigated land identified in paragraph 11.3.2.1
of the Agreement to diversions and depletions on other non-
historically irrigated land not located on the watershed of
the same water source; and
(D) provisions requiring the authorization of the Tribe for
all diversions of water on the reservation and on off-
reservation trust land by any individual or entity other than
the Tribe.
SEC. 306. CONTRACT.
(a) In General.--The Secretary shall enter into the
Contract, in accordance with the Agreement, to provide, among
other things, that--
(1) the Tribe, on approval of the Secretary, may--
(A) enter into contracts or options to lease, contracts to
exchange, or options to exchange tribal CAP water in
Maricopa, Pinal, Pima, and Yavapai Counties in the State
providing for the temporary delivery to any individual or
entity of any portion of the tribal CAP water, subject to the
condition that--
(i) the term of the contract or option to lease shall not
be longer than 100 years;
(ii) the contracts or options to exchange shall be for the
term provided in the contract or option; and
(iii) a lease or option to lease providing for the
temporary delivery of tribal CAP water shall require the
lessee to pay to the Operating Agency all CAP fixed OM&R
charges and all CAP pumping energy charges (as defined in the
repayment stipulation) associated with the leased water; and
(B) renegotiate any lease at any time during the term of
the lease, subject to the condition that the term of the
renegotiated lease shall not exceed 100 years;
(2) no portion of the tribal CAP water may be permanently
alienated;
(3)(A) the Tribe (and not the United States in any
capacity) shall be entitled to all consideration due to the
Tribe under any contract or option to lease or exchange
tribal CAP water entered into by the Tribe; and
(B) the United States (in any capacity) has no trust or
other obligation to monitor, administer, or account for, in
any manner--
(i) any funds received by the Tribe as consideration under
a contract or option to lease or exchange tribal CAP water;
or
(ii) the expenditure of those funds;
(4)(A) all tribal CAP water shall be delivered through the
CAP system; and
(B) if the delivery capacity of the CAP system is
significantly reduced or anticipated to be significantly
reduced for an extended period of time, the Tribe shall have
the same CAP delivery rights as a CAP contractor or CAP
subcontractor that is allowed to take delivery of water other
than through the CAP system;
(5) the Tribe may use tribal CAP water on or off the
reservation for any purpose;
(6) as authorized by subsection (f)(2)(A) of section 403 of
the Colorado River Basin Project Act (43 U.S.C. 1543) and to
the extent that funds are available in the Lower Colorado
River Basin Development Fund established by subsection (a) of
that section, the United States shall pay to the Operating
Agency the CAP fixed OM&R charges associated with the
delivery of tribal CAP water (except in the case of tribal
CAP water leased by any individual or entity);
(7) the Secretary shall waive the right of the Secretary to
capture all return flow from project exchange water flowing
from the exterior boundary of the reservation; and
(8) no CAP water service capital charge shall be due or
payable for the tribal CAP water, regardless of whether the
water is delivered for use by the Tribe or pursuant to a
contract or option to lease or exchange tribal CAP water
entered into by the Tribe.
(b) Requirements.--The Contract shall be--
(1) for permanent service (within the meaning of section 5
of the Boulder Canyon Project Act (43 U.S.C. 617d)); and
(2) without limit as to term.
(c) Ratification.--
(1) In general.--Except to the extent that any provision of
the Contract conflicts with a provision of this title, the
Contract is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Contract is
authorized, ratified, and confirmed, to the extent that such
amendment is executed to make the Contract consistent with
this title.
(d) Execution of Contract.--To the extent that the Contract
does not conflict with this title, the Secretary shall
execute the Contract.
(e) Payment of Charges.--The Tribe, and any recipient of
tribal CAP water through a contract or option to lease or
exchange, shall not be obligated to pay a water service
capital charge or any other charge, payment, or fee for CAP
water, except as provided in an applicable lease or exchange
agreement.
(f) Prohibitions.--
(1) Use outside state.--No tribal CAP water may be leased,
exchanged, forborne, or otherwise transferred by the Tribe in
any way for use directly or indirectly outside the State.
(2) Use off reservation.--Except as authorized by this
section and paragraph 4.7 of the Agreement, no tribal water
rights under this title may be sold, leased, transferred, or
used outside the boundaries of the reservation or off-
reservation trust land other than pursuant to an exchange.
(3) Agreements with arizona water banking authority.--
Nothing in this title or the Agreement limits the right of
the Tribe to enter into an agreement with the Arizona Water
Banking Authority (or any successor entity) established by
section 45-2421 of the Arizona Revised Statutes in accordance
with State law.
(g) Leases.--
(1) In general.--To the extent that the leases of tribal
CAP Water by the Tribe to the District and to any of the
cities in the State, attached as exhibits to the Agreement,
are not in conflict with the provisions of this title--
(A) those leases are authorized, ratified, and confirmed;
and
(B) the Secretary shall execute the leases.
(2) Amendments.--To the extent that amendments are executed
to make the leases described in paragraph (1) consistent with
this title, those amendments are authorized, ratified, and
confirmed.
SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM.
(a) In General.--Consistent with subsections (a) and (e) of
section 312 and subsection (h) of this section, the
Secretary, acting through the Bureau, shall plan, design, and
construct the WMAT rural water system to divert, store, and
distribute water from the North Fork of the White River to
the Tribe that shall consist of--
(1) a dam and storage reservoir, pumping plant, and
treatment facilities located along the North Fork of the
White River near the community of Whiteriver;
(2) a distribution system consisting of pipelines extending
from the treatment facilities to existing water distribution
systems serving the communities of Whiteriver, Fort Apache,
Canyon Day, Cedar Creek, Carrizo, and Cibecue;
(3) connections to existing distribution facilities for the
communities described in paragraph (2), but not including any
upgrades of, or improvements to, existing or future public
water systems for the communities described in paragraph (2)
that may be necessary to accommodate increased demand and
flow rates (and any associated changes in water quality);
(4) connections to additional communities along the
pipeline, provided that the additional connections may be
added to the distribution system described in paragraph (2)
at the expense of the Tribe;
(5) appurtenant buildings and access roads;
(6) electrical power transmission and distribution
facilities necessary for operation of the project; and
(7) any other project components that the Secretary, in
consultation with the Tribe, determines to be necessary.
(b) Modifications.--The Secretary and the Tribe--
(1) may modify the components of the WMAT rural water
system described in subsection (a) by mutual agreement; and
(2) shall make all modifications required under subsection
(c)(2).
(c) Final Project Design.--
(1) In general.--The Secretary shall issue a final project
design of the WMAT rural water system, including the dam,
pumping plants, pipeline, and treatment plant, that is
generally consistent with the project extension report dated
February 2007 after the completion of--
(A) any appropriate environmental compliance activity; and
(B) the review process described in paragraph (2).
(2) Review.--
(A) In general.--The Secretary shall review the proposed
design of the WMAT rural water system and perform value
engineering analyses.
(B) Results.--Taking into consideration the review under
subparagraph (A), the Secretary, in consultation with the
Tribe, shall require appropriate changes to the design, so
that the final design--
[[Page H7663]]
(i) meets Bureau of Reclamation design standards;
(ii) to the maximum extent practicable, incorporates any
changes that would improve the cost-effectiveness of the
delivery of water through the WMAT rural water system; and
(iii) may be constructed for the amounts made available
under section 312.
(d) Conveyance of Title.--
(1) In general.--Title to the WMAT rural water system shall
be held by the United States until title to the WMAT rural
water system is conveyed by the Secretary to the Tribe
pursuant to paragraph (2).
(2) Conveyance to tribe.--The Secretary shall convey to the
Tribe title to the WMAT rural water system not later than 30
days after the date on which the Secretary publishes in the
Federal Register a statement of findings that--
(A) the operating criteria, standing operating procedures,
emergency action plan, and first filling and monitoring
criteria of the designers have been established and are in
place;
(B) the WMAT rural water system has operated under the
standing operating procedures of the designers, with the
participation of the Tribe, for a period of 3 years;
(C) the Secretary has provided the Tribe with technical
assistance on the manner by which to operate and maintain the
WMAT rural water system;
(D) the funds made available under section 312(b)(3)(B)
have been deposited in the WMAT Maintenance Fund; and
(E) the WMAT rural water system--
(i) is substantially complete, as determined by the
Secretary; and
(ii) satisfies the requirement that--
(I) the infrastructure constructed is capable of storing,
diverting, treating, transmitting, and distributing a supply
of water as set forth in the final project design described
in subsection (c); and
(II) the Secretary has consulted with the Tribe regarding
the proposed finding that the WMAT rural water system is
substantially complete.
(e) Alienation and Taxation.--
(1) In general.--Conveyance of title to the Tribe pursuant
to subsection (d) does not waive or alter any applicable
Federal law (including regulations) prohibiting alienation or
taxation of the WMAT rural water system or the underlying
reservation land.
(2) Alienation of wmat rural water system.--The WMAT rural
water system, including the components of the WMAT rural
water system, shall not be alienated, encumbered, or conveyed
in any manner by the Tribe, unless a reconveyance is
authorized by an Act of Congress enacted after the date of
enactment of this Act.
(f) Operation and Maintenance.--
(1) In general.--Consistent with subsections (d) and (e) of
section 312, the Secretary, acting through the Bureau and in
cooperation with the Tribe, shall operate, maintain, and
replace the WMAT rural water system until the date on which
title to the WMAT rural water system is transferred to the
Tribe pursuant to subsection (d)(2).
(2) Limitation.--
(A) In general.--Beginning on the date on which title to
the WMAT rural water system is transferred to the Tribe
pursuant to subsection (d)(2), the United States shall have
no obligation to pay for the operation, maintenance, or
replacement costs of the WMAT rural water system.
(B) Limitation on liability.--Effective on the date on
which the Secretary publishes a statement of findings in the
Federal Register pursuant to subsection (d)(2), the United
States shall not be held liable by any court for damages
arising out of any act, omission, or occurrence relating to
the land or facilities conveyed, other than damages caused by
any intentional act or act of negligence committed by the
United States, or by employees or agents of the United
States, prior to the date on which the Secretary publishes a
statement of findings in the Federal Register pursuant to
subsection (d)(2).
(g) Right To Review.--
(1) In general.--The statement of findings published by the
Secretary pursuant to subsection (d)(2) shall be considered
to be a final agency action subject to judicial review under
sections 701 through 706 of title 5, United States Code.
(2) Effect of title.--Nothing in this title gives the Tribe
or any other party the right to judicial review of the
determination by the Secretary under subsection (d) except
under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
(h) Applicability of ISDEAA.--
(1) Agreement for specific activities.--On receipt of a
request of the Tribe, and in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), the Secretary shall enter into 1 or more agreements
with the Tribe to carry out the activities authorized by this
section.
(2) Contracts.--Any contract entered into pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) for the purpose of carrying out any
provision of this title shall incorporate such provisions
regarding periodic payment of funds, timing for use of funds,
transparency, oversight, reporting, and accountability as the
Secretary determines to be necessary (at the sole discretion
of the Secretary) to ensure appropriate stewardship of
Federal funds.
(i) Final Designs; Project Construction.--
(1) Final designs.--All designs for the WMAT rural water
system shall--
(A) conform to Bureau design standards; and
(B) be subject to review and approval by the Secretary.
(2) Project construction.--Each project component of the
WMAT rural water system shall be constructed pursuant to
designs and specifications approved by the Secretary, and all
construction work shall be subject to inspection and approval
by the Secretary.
(j) Condition.--As a condition of construction of the
facilities authorized by this section, the Tribe shall
provide, at no cost to the Secretary, all land or interests
in land that the Secretary identifies as necessary for the
construction, operation, and maintenance of those facilities.
SEC. 308. SATISFACTION OF CLAIMS.
(a) In General.--Except as set forth in the Agreement, the
benefits realized by the Tribe and its members under this
title shall be in full satisfaction of all claims of the
Tribe, its members, and the United States, acting as trustee
for the benefit of the Tribe and its members, for water
rights and injury to water rights under Federal, State, or
other law with respect to the reservation and off-reservation
trust land.
(b) Uses of Water.--All uses of water on land outside of
the reservation, if and when that land is subsequently and
finally determined to be part of the reservation through
resolution of any dispute between the Tribe and the United
States over the location of the reservation boundary, and any
fee land within the reservation placed into trust and made
part of the reservation, shall be subject to the maximum
annual diversion amounts and the maximum annual depletion
amounts specified in the Agreement.
(c) No Recognition of Water Rights.--Notwithstanding
subsection (a), nothing in this title recognizes or
establishes any right of a member of the Tribe to water on
the reservation.
SEC. 309. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.---
(1) Claims against the state and others.--Except for the
specifically retained claims described in subsection (b)(1),
the Tribe, on behalf of itself and its members, and the
United States, acting in its capacity as trustee for the
Tribe and its members, as part of the performance of the
respective obligations of the United States and the Tribe
under the Agreement, are authorized to execute a waiver and
release of any claims against the State (or any agency or
political subdivision of the State), or any other person,
entity, corporation, or municipal corporation under Federal,
State, or other law for all--
(A)(i) past, present, and future claims for water rights
for the reservation and off-reservation trust land arising
from time immemorial and, thereafter, forever; and
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land by the Tribe, its
members, or their predecessors;
(B)(i) past and present claims for injury to water rights
for the reservation and off-reservation trust land arising
from time immemorial through the enforceability date;
(ii) past, present, and future claims for injury to water
rights arising from time immemorial and, thereafter, forever,
that are based on aboriginal occupancy of land by the Tribe,
its members, or their predecessors; and
(iii) claims for injury to water rights arising after the
enforceability date for the reservation and off-reservation
trust land resulting from off-reservation diversion or use of
water in a manner that is not in violation of the Agreement
or State law; and
(C) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Agreement, an applicable settlement judgement
or decree, or this title.
(2) Claims against tribe.--Except for the specifically
retained claims described in subsection (b)(3), the United
States, in all capacities (except as trustee for an Indian
tribe other than the Tribe), as part of the performance of
its obligations under the Agreement, is authorized to execute
a waiver and release of any and all claims against the Tribe,
its members, or any agency, official, or employee of the
Tribe, under Federal, State, or any other law for all--
(A) past and present claims for injury to water rights
resulting from the diversion or use of water on the
reservation and on off-reservation trust land arising from
time immemorial through the enforceability date;
(B) claims for injury to water rights arising after the
enforceability date resulting from the diversion or use of
water on the reservation and on off-reservation trust land in
a manner that is not in violation of the Agreement; and
(C) past, present, and future claims arising out of or
related in any manner to the negotiation, execution, or
adoption of the Agreement, an applicable settlement judgement
or decree, or this title.
(3) Claims against united states.--Except for the
specifically retained claims described in subsection (b)(2),
the Tribe, on behalf of itself and its members, as part of
the performance of the obligations of the Tribe under the
Agreement, is authorized to execute a waiver and release of
any claim against the United States, including agencies,
officials, or employees of the United
[[Page H7664]]
States (except in the capacity of the United States as
trustee for other Indian tribes), under Federal, State, or
other law for any and all--
(A)(i) past, present, and future claims for water rights
for the reservation and off-reservation trust land arising
from time immemorial and, thereafter, forever; and
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever that
are based on aboriginal occupancy of land by the Tribe, its
members, or their predecessors;
(B)(i) past and present claims relating in any manner to
damages, losses, or injuries to water, water rights, land, or
other resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion, or
taking of water, or claims relating to failure to protect,
acquire, or develop water, water rights, or water
infrastructure) within the reservation and off-reservation
trust land that first accrued at any time prior to the
enforceability date;
(ii) past, present, and future claims for injury to water
rights arising from time immemorial and, thereafter, forever
that are based on aboriginal occupancy of land by the Tribe,
its members, or their predecessors; and
(iii) claims for injury to water rights arising after the
enforceability date for the reservation and off-reservation
trust land resulting from the off-reservation diversion or
use of water in a manner that is not in violation of the
Agreement or applicable law;
(C) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Agreement, an applicable settlement judgment
or decree, or this title;
(D) past and present claims relating in any manner to
pending litigation of claims relating to the water rights of
the Tribe for the reservation and off-reservation trust land;
(E) past and present claims relating to the operation,
maintenance, and replacement of existing irrigation systems
on the reservation constructed prior to the enforceability
date that first accrued at any time prior to the
enforceability date, which waiver shall only become effective
on the full appropriation and payment to the Tribe of
$4,950,000 of the amounts made available under section
312(b)(2)(B);
(F) any claims relating to operation, maintenance, and
replacement of the WMAT rural water system, which waiver
shall only become effective on the date on which funds are
made available under section 312(b)(3)(B) and deposited in
the WMAT Maintenance Fund;
(G) past and present breach of trust and negligence claims
for damage to the land and natural resources of the Tribe
caused by riparian and other vegetative manipulation by the
United States for the purpose of increasing water runoff from
the reservation that first accrued at any time prior to the
enforceability date; and
(H) past and present claims for trespass, use, and
occupancy of the reservation in, on, and along the Black
River that first accrued at any time prior to the
enforceability date.
(4) Effect on boundary claims.--Nothing in this title
expands, diminishes, or impacts any claims the Tribe may
assert, or any defense the United States may assert,
concerning title to land outside the most current survey, as
of the date of enactment of this Act, of the northern
boundary of the reservation.
(b) Reservation of Rights and Retention of Claims.--
(1) Reservation of rights and retention of claims by tribe
and united states.--
(A) In general.--Notwithstanding the waiver and release of
claims authorized under subsection (a)(1), the Tribe, on
behalf of itself and its members, and the United States,
acting as trustee for the Tribe and its members, shall retain
any right--
(i) subject to subparagraph 16.9 of the Agreement, to
assert claims for injuries to, and seek enforcement of, the
rights of the Tribe and its members under the Agreement or
this title in any Federal or State court of competent
jurisdiction;
(ii) to assert claims for injuries to, and seek enforcement
of, the rights of the Tribe under the judgment and decree
entered by the court in the Gila River adjudication
proceedings;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of the Tribe under the judgment
and decree entered by the court in the Little Colorado River
adjudication proceedings;
(iv) to object to any claims by or for any other Indian
tribe, Indian community or nation, or dependent Indian
community, or the United States on behalf of such a tribe,
community, or nation;
(v) to participate in the Gila River adjudication
proceedings and the Little Colorado River adjudication
proceedings to the extent provided in subparagraph 14.1 of
the Agreement;
(vi) to assert any claims arising after the enforceability
date for injury to water rights not specifically waived under
this section;
(vii) to assert any past, present, or future claim for
injury to water rights against any other Indian tribe, Indian
community or nation, dependent Indian community, allottee, or
the United States on behalf of such a tribe, community,
nation, or allottee;
(viii) to assert any past, present, or future claim for
trespass, use, and occupancy of the reservation in, on, or
along the Black River against Freeport-McMoRan Copper & Gold,
Inc., Phelps Dodge Corporation, or Phelps Dodge Morenci, Inc.
(or a predecessor or successor of those entities), including
all subsidiaries and affiliates of those entities; and
(ix) to assert claims arising after the enforceability date
for injury to water rights resulting from the pumping of
water from land located within national forest land as of the
date of the Agreement in the south \1/2\ of T. 9 N., R. 24
E., the south \1/2\ of T. 9 N., R. 25 E., the north \1/2\ of
T. 8 N., R. 24 E., or the north \1/2\ of T. 8 N., R. 25 E.,
if water from the land is used on the land or is transported
off the land for municipal, commercial, or industrial use.
(B) Agreement.--On terms acceptable to the Tribe and the
United States, the Tribe and the United States are authorized
to enter into an agreement with Freeport-McMoRan Copper &
Gold, Inc., Phelps Dodge Corporation, or Phelps Dodge
Morenci, Inc. (or a predecessor or successor of those
entities), including all subsidiaries and affiliates of those
entities, to resolve the claims of the Tribe relating to the
trespass, use, and occupancy of the reservation in, on, and
along the Black River.
(2) Reservation of rights and retention of claims by tribe
against united states.--Notwithstanding the waiver and
release of claims authorized under subsection (a)(3), the
Tribe, on behalf of itself and its members, shall retain any
right--
(A) subject to subparagraph 16.9 of the Agreement, to
assert claims for injuries to, and seek enforcement of, the
rights of the Tribe and its members under the Agreement or
this title, in any Federal or State court of competent
jurisdiction;
(B) to assert claims for injuries to, and seek enforcement
of, the rights of the Tribe and members under the judgment
and decree entered by the court in the Gila River
adjudication proceedings;
(C) to assert claims for injuries to, and seek enforcement
of, the rights of the Tribe and members under the judgment
and decree entered by the court in the Little Colorado River
adjudication proceedings;
(D) to object to any claims by or for any other Indian
tribe, Indian community or nation, or dependent Indian
community, or the United States on behalf of such a tribe,
community, or nation;
(E) to assert past, present, or future claims for injury to
water rights or any other claims other than a claim to water
rights, against any other Indian tribe, Indian community or
nation, or dependent Indian community, or the United States
on behalf of such a tribe, community, or nation;
(F) to assert claims arising after the enforceability date
for injury to water rights resulting from the pumping of
water from land located within national forest land as of the
date of the Agreement in the south \1/2\ of T. 9 N., R. 24
E., the south \1/2\ of T. 9 N., R. 25 E., the north \1/2\ of
T. 8 N., R. 24 E., or the north \1/2\ of T. 8 N., R. 25 E.,
if water from that land is used on the land or is transported
off the land for municipal, commercial, or industrial use;
(G) to assert any claims arising after the enforceability
date for injury to water rights not specifically waived under
this section;
(H) to seek remedies and to assert any other claims not
specifically waived under this section; and
(I) to assert any claim arising after the enforceability
date for a future taking by the United States of reservation
land, off-reservation trust land, or any property rights
appurtenant to that land, including any water rights set
forth in paragraph 4.0 of the Agreement.
(3) Reservation of rights and retention of claims by united
states.--Notwithstanding the waiver and release of claims
authorized under subsection (a)(2), the United States shall
retain any right to assert any claim not specifically waived
in that subsection.
(c) Effectiveness of Waiver and Releases.--Except as
otherwise specifically provided in subparagraphs (E) and (F)
of subsection (a)(3), the waivers and releases under
subsection (a) shall become effective on the enforceability
date.
(d) Enforceability Date.--
(1) In general.--This section takes effect on the date on
which the Secretary publishes in the Federal Register a
statement of findings that--
(A)(i) to the extent that the Agreement conflicts with this
title, the Agreement has been revised through an amendment to
eliminate the conflict; and
(ii) the Agreement, as so revised, has been executed by the
Secretary, the Tribe, and the Governor of the State;
(B) the Secretary has fulfilled the requirements of
sections 305 and 306;
(C) the amount made available under section 312(a) has been
deposited in the White Mountain Apache Tribe Water Rights
Settlement Subaccount;
(D) the State funds described in subparagraph 13.3 of the
Agreement have been deposited in the White Mountain Apache
Tribe Water Rights Settlement Subaccount;
(E) the Secretary has issued a record of decision approving
the construction of the WMAT rural water system in a
configuration substantially similar to that described in
section 307;
(F) the judgments and decrees substantially in the form of
those attached to the Agreement as exhibits 12.9.6.1 and
12.9.6.2
[[Page H7665]]
have been approved by the respective trial courts; and
(G) the waivers and releases authorized and set forth in
subsection (a) have been executed by the Tribe and the
Secretary.
(2) Failure of enforceability date to occur.--If the
Secretary does not publish a statement of findings under
paragraph (1) by April 30, 2021--
(A) this title is repealed effective May 1, 2021, and any
activity by the Secretary to carry out this title shall
cease;
(B) any amounts made available under section 312 shall
immediately revert to the general fund of the Treasury;
(C) any other amounts deposited in the White Mountain
Apache Tribe Water Rights Settlement Subaccount (including
any amounts paid by the State in accordance with the
Agreement), together with any interest accrued on those
amounts, shall immediately be returned to the respective
sources of those funds; and
(D) the Tribe and its members, and the United States,
acting as trustee for the Tribe and its members, shall retain
the right to assert past, present, and future water rights
claims and claims for injury to water rights for the
reservation and off-reservation trust land.
(3) No additional rights to water.--Beginning on the
enforceability date, all land held by the United States in
trust for the Tribe and its members shall have no rights to
water other than those specifically quantified for the Tribe
and the United States, acting as trustee for the Tribe and
its members, for the reservation and off-reservation trust
land pursuant to paragraph 4.0 of the Agreement.
(e) United States Enforcement Authority.--Nothing in this
title or the Agreement affects any right of the United States
to take any action, including environmental actions, under
any laws (including regulations and the common law) relating
to human health, safety, or the environment.
(f) No Effect on Water Rights.--Except as provided in
paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii)
of subsection (a), nothing in this title affects any rights
to water of the Tribe, its members, or the United States,
acting as trustee for the Tribe and its members, for land
outside the boundaries of the reservation or the off-
reservation trust land.
(g) Entitlements.--Any entitlement to water of the Tribe,
its members, or the United States, acting as trustee for the
Tribe and its members, relating to the reservation or off-
reservation trust land shall be satisfied from the water
resources granted, quantified, confirmed, or recognized with
respect to the Tribe, its members, and the United States by
the Agreement and this title.
(h) Objection Prohibited.--Except as provided in paragraphs
(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the
United States, acting as trustee for the Tribe shall not--
(1) object to the use of any well located outside the
boundaries of the reservation or the off-reservation trust
land in existence on the enforceability date; or
(2) object to, dispute, or challenge after the
enforceability date the drilling of any well or the
withdrawal and use of water from any well in the Little
Colorado River adjudication proceedings, the Gila River
adjudication proceedings, or any other judicial or
administrative proceeding.
SEC. 310. WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT
SUBACCOUNT.
(a) Establishment.--There is established in the Lower
Colorado River Basin Development Fund a subaccount to be
known as the ``White Mountain Apache Tribe Water Rights
Settlement Subaccount'', consisting of--
(1) the amounts deposited in the subaccount pursuant to
section 312(a); and
(2) such other amounts as are available, including the
amounts provided in subparagraph 13.3 of the Agreement.
(b) Use of Funds.--
(1) In general.--Subject to paragraph (2), the Secretary
shall use amounts from the White Mountain Apache Tribe Water
Rights Settlement Subaccount for the planning, design, and
construction of the WMAT rural water system, in accordance
with section 307(a).
(2) Requirements.--In carrying out the activities described
in paragraph (1), the Secretary shall use such sums as are
necessary from the White Mountain Apache Tribe Water Rights
Settlement Subaccount--
(A) to provide the Bureau with amounts sufficient to carry
out oversight of the planning, design, and construction of
the WMAT rural water system;
(B) to repay to the Treasury (or the United States) any
outstanding balance on the loan authorized by the White
Mountain Apache Tribe Rural Water System Loan Authorization
Act (Public Law 110-390; 122 Stat. 4191), after which
repayment, the Tribe shall have no further liability for the
balance on that loan; and
(C) to carry out all required environmental compliance
activities associated with the planning, design, and
construction of the WMAT rural water system.
(c) ISDEAA Contract.--
(1) In general.--If the Tribe so requests, the planning,
design, and construction of the WMAT rural water system shall
be carried out pursuant to the terms of an agreement or
agreements entered into under section 307(h).
(2) Enforcement.--The Secretary may pursue any judicial
remedies and carry out any administrative actions that are
necessary to enforce an agreement described in paragraph (1)
to ensure that amounts in the White Mountain Apache Tribe
Water Rights Settlement Subaccount are used in accordance
with this section.
(d) Prohibition on Per Capita Distributions.--No amount of
the principal, or the interest or income accruing on the
principal, of the White Mountain Apache Tribe Water Rights
Settlement Subaccount shall be distributed to any member of
the Tribe on a per capita basis.
(e) Availability of Funds.--
(1) In general.--Amounts in the White Mountain Apache Tribe
Water Rights Settlement Subaccount shall not be available for
expenditure by the Secretary until the enforceability date.
(2) Investment.--The Secretary shall invest the amounts in
the White Mountain Apache Tribe Water Rights Settlement
Subaccount in accordance with section 403(f)(4) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)(4)).
(3) Use of interest.--The interest accrued on amounts
invested under paragraph (2) shall not be available for
expenditure or withdrawal until the enforceability date.
SEC. 311. MISCELLANEOUS PROVISIONS.
(a) Limited Waiver of Sovereign Immunity.--
(1) In general.--In the case of a civil action described in
paragraph (2)--
(A) the United States or the Tribe, or both, may be joined
in the civil action; and
(B) any claim by the United States or the Tribe to
sovereign immunity from the civil action is waived for the
sole purpose of resolving any issue regarding the
interpretation or enforcement of this title or the Agreement.
(2) Description of civil action.--A civil action referred
to in paragraph (1) is a civil action filed--
(A) by any party to the Agreement or signatory to an
exhibit to the Agreement in a United States or State court
that--
(i) relates solely and directly to the interpretation or
enforcement of this title or the Agreement; and
(ii) names as a party the United States or the Tribe; or
(B) by a landowner or water user in the Gila River basin or
Little Colorado River basin in the State that--
(i) relates solely and directly to the interpretation or
enforcement of section 309 of this title and paragraph 12.0
of the Agreement; and
(ii) names as a party the United States or the Tribe.
(b) Effect of Title.--Nothing in this title quantifies or
otherwise affects any water right or claim or entitlement to
water of any Indian tribe, band, or community other than the
Tribe.
(c) Limitation on Liability of United States.--
(1) In general.--The United States shall have no trust or
other obligation--
(A) to monitor, administer, or account for, in any manner,
any amount paid to the Tribe by any party to the Agreement
other than the United States; or
(B) to review or approve the expenditure of those funds.
(2) Indemnification.--The Tribe shall indemnify the United
States, and hold the United States harmless, with respect to
any claim (including claims for takings or breach of trust)
arising out of the receipt or expenditure of funds described
in paragraph (1)(A).
(d) Applicability of Reclamation Reform Act.--The
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and
any other acreage limitation or full-cost pricing provision
under Federal law shall not apply to any individual, entity,
or land solely on the basis of--
(1) receipt of any benefit under this title;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(e) Secretarial Power Sites.--The portions of the following
named secretarial power site reserves that are located on the
Fort Apache Indian Reservation or the San Carlos Apache
Reservation, as applicable, shall be transferred and restored
into the name of the Tribe or the San Carlos Apache Tribe,
respectively:
(1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27
E.).
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26
E.; T. 3 N., R. 26 E.).
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21
E.; T. 5 N., R. 19 E.).
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
(6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16
E.).
(f) No Effect on Future Allocations.--Water received under
a lease or exchange of tribal CAP water under this title
shall not affect any future allocation or reallocation of CAP
water by the Secretary.
(g) After-acquired Trust Land.--
(1) Requirement of act of congress.--
(A) Legal title.--Subject to subparagraph (B), after the
enforceability date, if the Tribe seeks to have legal title
to additional land in the State located outside the exterior
boundaries of the reservation taken into trust by the United
States for the benefit of the Tribe, the Tribe may do so only
pursuant to an Act of Congress specifically authorizing the
transfer for the benefit of the Tribe.
(B) Exceptions.--Subparagraph (A) shall not apply to--
[[Page H7666]]
(i) the restoration of land to the reservation subsequently
and finally determined to be part of the reservation through
resolution of any dispute between the Tribe and the United
States over the location of the reservation boundary, unless
required by Federal law; or
(ii) off-reservation trust land acquired prior to January
1, 2008.
(2) Water rights.--
(A) In general.--After-acquired trust land that is located
outside the reservation shall not include federally reserved
rights to surface water or groundwater.
(B) Restored land.--Land that is restored to the
reservation as the result of the resolution of any
reservation boundary dispute between the Tribe and the United
States, or any fee simple land within the reservation that is
placed into trust, shall have water rights pursuant to
section 308(b).
(3) Acceptance of land in trust status.--
(A) In general.--If the Tribe acquires legal fee title to
land that is located within the exterior boundaries of the
reservation, the Secretary shall accept the land in trust
status for the benefit of the Tribe in accordance with
applicable Federal law (including regulations) for such real
estate acquisitions.
(B) Reservation status.--Land held in trust by the
Secretary under subparagraph (A), or restored to the
reservation as a result of resolution of a boundary dispute
between the Tribe and the United States, shall be deemed to
be part of the reservation.
(h) Conforming Amendment.--Section 3(b)(2) of the White
Mountain Apache Tribe Rural Water System Loan Authorization
Act (Public Law 110-390; 122 Stat. 4191) is amended by
striking ``January 1, 2013'' and inserting ``May 1, 2021''.
SEC. 312. FUNDING.
(a) Rural Water System.--
(1) Mandatory appropriations.--Subject to paragraph (2),
out of any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary
to carry out the planning, engineering, design, environmental
compliance, and construction of the WMAT rural water system
$126,193,000.
(2) Inclusions.--The amount made available under paragraph
(1) shall include such sums as are necessary, but not to
exceed 4 percent of the construction contract costs, for the
Bureau to carry out oversight of activities for planning,
design, environmental compliance, and construction of the
rural water system.
(b) WMAT Settlement and Maintenance Funds.--
(1) Definition of funds.--In this subsection, the term
``Funds'' means--
(A) the WMAT Settlement Fund established by paragraph
(2)(A); and
(B) the WMAT Maintenance Fund established by paragraph
(3)(A).
(2) WMAT settlement fund.--
(A) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``WMAT Settlement
Fund'', to be administered by the Secretary, consisting of
the amounts deposited in the fund under subparagraph (B),
together with any interest accrued on those amounts, for use
by the Tribe in accordance with subparagraph (C).
(B) Transfers to fund.--
(i) In general.--There are authorized to be appropriated to
the Secretary for deposit in the WMAT Settlement Fund--
(I) $78,500,000; and
(II) any additional amounts described in clause (ii), if
applicable.
(ii) Authorization of additional amounts.--In accordance
with subsection (e)(4)(B), if the WMAT rural water system is
conveyed to the Tribe before the date on which the
$35,000,000 described in subsection (e)(2) is completely made
available, there is authorized to be appropriated to the
Secretary, for deposit in the WMAT Settlement Fund, any
remaining amounts that would otherwise have been made
available for expenditure from the Cost Overrun Subaccount.
(C) Use of funds.--
(i) In general.--The Tribe shall use amounts in the WMAT
Settlement Fund for any of the following purposes:
(I) Fish production, including hatcheries.
(II) Rehabilitation of recreational lakes and existing
irrigation systems.
(III) Water-related economic development projects.
(IV) Protection, restoration, and economic development of
forest and watershed health.
(ii) Existing irrigation systems.--Of the amounts deposited
in the Fund under subparagraph (B), not less than $4,950,000
shall be used for the rehabilitation of existing irrigation
systems.
(3) WMAT maintenance fund.--
(A) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``WMAT
Maintenance Fund'', to be administered by the Secretary,
consisting of the amounts deposited in the fund under
subparagraph (B), together with any interest accrued on those
amounts, for use by the Tribe in accordance with subparagraph
(C).
(B) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $50,000,000 for
deposit in the WMAT Maintenance Fund.
(C) Use of funds.--The Tribe shall use amounts in the WMAT
Maintenance Fund only for the operation, maintenance, and
replacement costs associated with the delivery of water
through the WMAT rural water system.
(4) Administration.--The Secretary shall manage the Funds
in accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by
investing amounts in the Funds in accordance with--
(A) the Act of April 1, 1880 (25 U.S.C. 161); and
(B) the first section of the Act of June 24, 1938 (25
U.S.C. 162a).
(5) Availability of amounts from funds.--Amounts in the
Funds shall be available for expenditure or withdrawal only
after the enforceability date and in accordance with
subsection (f).
(6) Expenditure and withdrawal.--
(A) Tribal management plan.--
(i) In general.--The Tribe may withdraw all or part of the
amounts in the Funds on approval by the Secretary of a tribal
management plan, as described in the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(ii) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), a tribal management plan under this
subparagraph shall require the Tribe to use any amounts
withdrawn from the Funds in accordance with paragraph (2)(C)
or (3)(C), as applicable.
(iii) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of a tribal
management plan described in clause (i) to ensure that any
amounts withdrawn from the Funds under the tribal management
plan are used in accordance with this title and the
Agreement.
(iv) Liability.--If the Tribe exercises the right to
withdraw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the amounts.
(B) Expenditure plan.--
(i) In general.--The Tribe shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Funds that the Tribe does not withdraw under
the tribal management plan.
(ii) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts
remaining in the Funds will be used.
(iii) Approval.--On receipt of an expenditure plan under
clause (i), the Secretary shall approve the plan, if the
Secretary determines that the plan is reasonable and
consistent with this title and the Agreement.
(iv) Annual report.--For each of the Funds, the Tribe shall
submit to the Secretary an annual report that describes all
expenditures from the Fund during the year covered by the
report.
(C) Certain per capita distributions prohibited.--No amount
in the Funds shall be distributed to any member of the Tribe
on a per capita basis.
(c) Cost Indexing.--All amounts made available under
subsections (a), (b), and (e) shall be adjusted as necessary
to reflect the changes since October 1, 2007, in the
construction cost indices applicable to the types of
construction involved in the construction of the WMAT rural
water supply system, the maintenance of the rural water
supply system, and the construction or rehabilitation of the
other development projects described in subsection (b)(2)(C).
(d) Operation, Maintenance, and Replacement.--Out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary
$2,500,000 for the operation, maintenance, and replacement
costs of the WMAT rural water system, to remain available
until the conditions described in section 307(f) have been
met.
(e) Cost Overrun Subaccount.--
(1) Establishment.--There is established in the Lower
Colorado River Basin Development Fund a subaccount to be
known as the ``WMAT Cost Overrun Subaccount'', to be
administered by the Secretary, consisting of the amounts
deposited in the subaccount under paragraph (2), together
with any interest accrued on those amounts, for use by the
Secretary in accordance with paragraph (4).
(2) Mandatory appropriations; authorization of
appropriations.--
(A) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $24,000,000 for
deposit in the WMAT Cost Overrun Subaccount.
(B) Authorization of appropriations.--There is authorized
to be appropriated for deposit in the WMAT Cost Overrun
Subaccount $11,000,000.
(3) Availability of funds.--
(A) In general.--Amounts in the WMAT Cost Overrun
Subaccount shall not be available for expenditure by the
Secretary until the enforceability date.
(B) Investment.--The Secretary shall invest the amounts in
the WMAT Cost Overrun Subaccount in accordance with section
403(f)(4) of the Colorado River Basin Project Act (43 U.S.C.
1543(f)(4)).
(C) Use of interest.--The interest accrued on the amounts
invested under subparagraph (B) shall not be available for
expenditure or withdrawal until the enforceability date.
(4) Use of cost overrun subaccount.--
(A) Initial use.--The Secretary shall use the amounts in
the WMAT Cost Overrun Subaccount to complete the WMAT rural
[[Page H7667]]
water system or to carry out activities relating to the
operation, maintenance, or replacement of facilities of the
WMAT rural water system, as applicable, if the Secretary
determines that the amounts made available under subsections
(a) and (d) will be insufficient in the period before title
to the WMAT rural water system is conveyed to the Tribe--
(i) to complete the WMAT rural water system; or
(ii) to operate and maintain the WMAT rural water system.
(B) Transfer of funds.--All unobligated amounts remaining
in the Cost Overrun Subaccount on the date on which title to
the WMAT rural water system is conveyed to the Tribe shall
be--
(i) returned to the general fund of the Treasury; and
(ii) on an appropriation pursuant to subsection
(b)(2)(B)(ii), deposited in the WMAT Settlement Fund and made
available to the Tribe for use in accordance with subsection
(b)(2)(C).
(f) Conditions.--The amounts made available to the
Secretary for deposit in the WMAT Maintenance Fund, together
with any interest accrued on those amounts under subsection
(b)(3) and any interest accruing on the WMAT Settlement Fund
under subsection (b)(2), shall not be available for
expenditure or withdrawal until the WMAT rural water system
is transferred to the Tribe under section 307(d)(2).
(g) Receipt and Acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this title the funds transferred under subsections (a), (b),
(d), and (e), without further appropriation, to remain
available until expended.
SEC. 313. ANTIDEFICIENCY.
The United States shall not be liable for failure to carry
out any obligation or activity authorized to be carried out
under this title (including any such obligation or activity
under the Agreement) if adequate appropriations are not
provided by Congress expressly to carry out the purposes of
this title.
SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS.
In implementing the Agreement and carrying out this title,
the Secretary shall promptly comply with all applicable
requirements of--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) all other applicable Federal environmental laws; and
(4) all regulations promulgated under the laws described in
paragraphs (1) through (3).
TITLE IV--CROW TRIBE WATER RIGHTS SETTLEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Crow Tribe Water Rights
Settlement Act of 2010''.
SEC. 402. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Crow Tribe; and
(B) the United States for the benefit of the Tribe and
allottees;
(2) to authorize, ratify, and confirm the Crow Tribe-
Montana Water Rights Compact entered into by the Tribe and
the State of Montana on June 22, 1999;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Crow Tribe-Montana Water Rights Compact;
and
(B) to take any other action necessary to carry out the
Compact in accordance with this title; and
(4) to ensure the availability of funds necessary for the
implementation of the Compact and this title.
SEC. 403. DEFINITIONS.
In this title:
(1) Allottee.--The term ``allottee'' means any individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation or the ceded strip; and
(B) held in trust by the United States.
(2) Ceded strip.--The term ``ceded strip'' means the area
identified as the ceded strip on the map included in appendix
5 of the Compact.
(3) CIP om&r.--The term ``CIP OM&R'' means--
(A) any recurring or ongoing activity associated with the
day-to-day operation of the Crow Irrigation Project;
(B) any activity relating to scheduled or unscheduled
maintenance of the Crow Irrigation Project; and
(C) any activity relating to replacement of a feature of
the Crow Irrigation Project.
(4) Compact.--The term ``Compact'' means the water rights
compact between the Tribe and the State of Montana contained
in section 85-20-901 of the Montana Code Annotated (2009)
(including any exhibit, part, or amendment to the Compact).
(5) Crow irrigation project.--
(A) In general.--The term ``Crow Irrigation Project'' means
the irrigation project--
(i) authorized by section 31 of the Act of March 3, 1891
(26 Stat. 1040);
(ii) managed by the Secretary (acting through the Bureau of
Indian Affairs); and
(iii) consisting of the project units of--
(I) Agency;
(II) Bighorn;
(III) Forty Mile;
(IV) Lodge Grass #1;
(V) Lodge Grass #2;
(VI) Pryor;
(VII) Reno;
(VIII) Soap Creek; and
(IX) Upper Little Horn.
(B) Inclusion.--The term ``Crow Irrigation Project''
includes land held in trust by the United States for the
Tribe and the allottees in the Bozeman Trail and Two Leggins
irrigation districts.
(6) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the
Federal Register the statement of findings described in
section 410(e).
(7) Final.--The term ``final'' with reference to approval
of the decree described in section 410(e)(1)(A), means--
(A) completion of any direct appeal to the Montana Supreme
Court of a decree by the Montana Water Court pursuant to
section 85-2-235 of the Montana Code Annotated (2009),
including the expiration of time for filing of any such
appeal; or
(B) completion of any appeal to the appropriate United
States Court of Appeals, including the expiration of time in
which a petition for certiorari may be filed in the United
States Supreme Court, denial of such petition, or issuance of
a final judgment of the United States Supreme Court,
whichever occurs last.
(8) Fund.--The term ``Fund'' means the Crow Settlement Fund
established by section 411.
(9) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(10) Joint stipulation of settlement.--The term ``joint
stipulation of settlement'' means the joint stipulation of
settlement relating to the civil action styled Crow Tribe of
Indians v. Norton, No. 02-284 (D.D.C. 2006).
(11) MR&I system.--
(A) In general.--The term ``MR&I System'' means the
municipal, rural, and industrial water system of the
Reservation, generally described in the document entitled
``Crow Indian Reservation Municipal, Rural and Industrial
Water System Engineering Report'' prepared by DOWL HKM, and
dated July 2008 and updated in a status report prepared by
DOWL HKM dated December 2009.
(B) Inclusions.--The term ``MR&I System'' includes--
(i) the raw water intake, water treatment plant, pipelines,
storage tanks, pumping stations, pressure-reducing valves,
electrical transmission facilities, and other items
(including real property and easements necessary to deliver
potable water to the Reservation) appurtenant to the system
described in subparagraph (A); and
(ii) in descending order of construction priority--
(I) the Bighorn River Valley Subsystem;
(II) the Little Bighorn River Valley Subsystem; and
(III) Pryor Extension.
(12) MR&I system om&r.--The term ``MR&I System OM&R''
means--
(A) any recurring or ongoing activity associated with the
day-to-day operation of the MR&I System;
(B) any activity relating to scheduled or unscheduled
maintenance of the MR&I System; and
(C) any activity relating to replacement of project
features of the MR&I System.
(13) Reservation.--The term ``Reservation'' means the area
identified as the Reservation on the map in appendix 4 of the
Compact.
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(15) Tribal compact administration.--The term ``Tribal
Compact Administration'' means any activity relating to--
(A) the development or enactment by the Tribe of the tribal
water code;
(B) establishment by the Tribe of a water resources
department; and
(C) the operation by the Tribe of that water resources
department (or a successor agency) during the 10-year period
beginning on the date of establishment of the department.
(16) Tribal water code.--The term ``tribal water code''
means a water code adopted by the Tribe in accordance with
section 407(f).
(17) Tribal water rights.--The term ``tribal water rights''
means--
(A) the water rights of the Tribe described in article III
of the Compact; and
(B) the water rights provided to the Tribe under section
408.
(18) Tribe.--The term ``Tribe'' means the Crow Tribe of
Indians of the State of Montana on behalf of itself and its
members (but not its members in their capacities as
allottees).
SEC. 404. RATIFICATION OF COMPACT.
(a) Ratification of Compact.--
(1) In general.--Except as modified by this title, and to
the extent the Compact does not conflict with this title, the
Compact is authorized, ratified, and confirmed.
(2) Amendments to compact.--If amendments are executed to
make the Compact consistent with this title, those amendments
are also authorized, ratified, and confirmed to the extent
such amendments are consistent with this title.
(b) Execution of Compact.--
(1) In general.--To the extent that the Compact does not
conflict with this title, the Secretary is directed to and
shall promptly execute the Compact, including all exhibits to
or parts of the Compact requiring the signature of the
Secretary.
[[Page H7668]]
(2) Modifications.--Nothing in this title precludes the
Secretary from approving modifications to appendices or
exhibits to the Compact not inconsistent with this title, to
the extent such modifications do not otherwise require
Congressional approval pursuant to section 2116 of the
Revised Statutes (25 U.S.C. 177) or other applicable Federal
law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact, the Secretary
shall promptly comply with all applicable aspects of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and all other applicable environmental Acts and
regulations.
(2) Execution of the compact.--
(A) In general.--Execution of the Compact by the Secretary
under this section shall not constitute a major Federal
action under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(B) Compliance.--The Secretary shall carry out all Federal
compliance activities necessary to implement the Compact.
SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION
PROJECT.
(a) In General.--Notwithstanding any other provision of
law, and without altering applicable law (including
regulations) under which the Bureau of Indian Affairs
collects assessments and carries out CIP OM&R, other than the
rehabilitation and improvement carried out under this
section, the Secretary, acting through the Commissioner of
Reclamation, shall carry out such activities as are necessary
to rehabilitate and improve the water diversion and delivery
features of the Crow Irrigation Project, in accordance with
an agreement to be negotiated between the Secretary and the
Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity to rehabilitate
or improve the water diversion or delivery features of the
Crow Irrigation Project.
(c) Scope.--
(1) In general.--The scope of the rehabilitation and
improvement under this section shall be as generally
described in the document entitled ``Engineering Evaluation
of Existing Conditions, Crow Agency Rehabilitation Study''
prepared by DOWL HKM, and dated August 2007 and updated in a
status report dated December 2009 by DOWL HKM, on the
condition that prior to beginning construction activities,
the Secretary shall review the design of the proposed
rehabilitation or improvement and perform value engineering
analyses.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1), the Secretary shall negotiate
with the Tribe appropriate changes to the final design so
that the final design meets applicable industry standards, as
well as changes, if any, that would improve the cost-
effectiveness of the delivery of irrigation water and take
into consideration the equitable distribution of water to
allottees.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(e) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$131,843,000, except that the total amount of $131,843,000
shall be increased or decreased, as appropriate, based on
ordinary fluctuations from May 1, 2008, in construction cost
indices applicable to the types of construction involved in
the rehabilitation and improvement.
(f) Tribal Implementation Agreement.--
(1) In general.--At the request of the Tribe, in accordance
with applicable Federal law, the Secretary shall enter into 1
or more agreements with the Tribe to implement the provisions
of this section by which the Tribe shall plan, design, and
construct any or all of the rehabilitation and improvement
required by this section.
(2) Oversight costs.--The Bureau of Reclamation and the
Tribe shall negotiate the cost of any oversight activities
carried out by the Bureau of Reclamation for each agreement
under this section, provided that the total cost for that
oversight shall not exceed 4 percent of the total project
costs.
(g) Acquisition of Land.--
(1) Tribal easements and rights-of-way.--
(A) In general.--Upon request, and in partial consideration
for the funding provided under section 414(a), the Tribe
shall consent to the grant of such easements and rights-of-
way over tribal land as may be necessary for the
rehabilitation and improvement of the Crow Irrigation Project
authorized by this section at no cost to the United States.
(B) Jurisdiction.--The Tribe shall retain criminal and
civil jurisdiction over any lands that were subject to tribal
jurisdiction prior to the granting of an easement or right-
of-way in connection with the rehabilitation and improvement
of the Crow Irrigation Project.
(2) User easements and rights-of-way.--In partial
consideration of the rehabilitation and improvement of the
Crow Irrigation Project authorized by this section and as a
condition of continued service from the Crow Irrigation
Project after the enforceability date, any water user of the
Crow Irrigation Project shall consent to the grant of such
easements and rights-of-way as may be necessary for the
rehabilitation and improvements authorized under this section
at no cost to the Secretary.
(3) Land acquired by the united states.--Land acquired by
the United States in connection with rehabilitation and
improvement of the Crow Irrigation Project authorized by this
section shall be held in trust by the United States on behalf
of the Tribe as part of the Reservation of the Tribe.
(h) Project Management Committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation,
the Bureau of Indian Affairs, and the Tribe--
(1) to review cost factors and budgets for construction,
operation, and maintenance activities relating to the Crow
Irrigation Project;
(2) to improve management of inherently governmental
activities through enhanced communication; and
(3) to seek additional ways to reduce overall costs for the
rehabilitation and improvement of the Crow Irrigation
Project.
SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct the water diversion and delivery features of the
MR&I System, in accordance with 1 or more agreements between
the Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity to design and
construct the water diversion and delivery features of the
MR&I System.
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Crow Indian Reservation Municipal, Rural
and Industrial Water System Engineering Report'' prepared by
DOWL HKM, and dated July 2008 and updated in a status report
dated December 2009 by DOWL HKM, on the condition that prior
to beginning construction activities, the Secretary shall
review the design of the proposed MR&I System and perform
value engineering analyses.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1), the Secretary shall negotiate
with the Tribe appropriate changes to the final design so
that the final design meets applicable industry standards, as
well as changes, if any, that would improve the cost-
effectiveness of the delivery of MR&I System water and take
into consideration the equitable distribution of water to
allottees.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(e) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$246,381,000, except that the total amount of $246,381,000
shall be increased or decreased, as appropriate, based on
ordinary fluctuations from May 1, 2008, in construction cost
indices applicable to the types of construction involved in
the design and construction of the MR&I System.
(f) Tribal Implementation Agreement.--
(1) In general.--At the request of the Tribe, in accordance
with applicable Federal law, the Secretary shall enter into 1
or more agreements with the Tribe to implement the provisions
of this section by which the Tribe shall plan, design, and
construct any or all of the rehabilitation and improvement
required by this section.
(2) Oversight costs.--The Bureau of Reclamation and the
Tribe shall negotiate the cost of any oversight activities
carried out by the Bureau of Reclamation for each agreement
under this section, provided that the total cost for that
oversight shall not exceed 4 percent of the total project
costs.
(g) Acquisition of Land.--
(1) Tribal easements and rights-of-way.--
(A) In general.--Upon request, and in partial consideration
for the funding provided under section 414(b), the Tribe
shall consent to the grant of such easements and rights-of-
way over tribal land as may be necessary for the construction
of the MR&I System authorized by this section at no cost to
the United States.
(B) Jurisdiction.--The Tribe shall retain criminal and
civil jurisdiction over any lands that were subject to tribal
jurisdiction prior to the granting of an easement or right-
of-way in connection with the construction of the MR&I
System.
(2) Land acquired by the united states.--Land acquired by
the United States in connection with the construction of the
MR&I System authorized by this section shall be held in trust
by the United States on behalf of the Tribe as part of the
Reservation of the Tribe.
(h) Conveyance of Title to MR&I System Facilities.----
(1) In general.--The Secretary shall convey title to each
MR&I System facility or section of a MR&I System facility
authorized under subsection (a) to the Tribe after completion
of construction of a MR&I System facility or a section of a
MR&I System facility that is operating and delivering water.
(2) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the land,
buildings, or facilities conveyed under this subsection,
other than damages caused by acts of negligence committed by
the United States, or by employees or agents of the United
States, prior to the date of conveyance.
[[Page H7669]]
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(3) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to any MR&I
System facility, the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate
notice of the conveyance of each such MR&I System facility or
section of a MR&I System facility.
(4) MR&I system om&r obligation of the federal government
after conveyance.--The Federal Government shall have no
obligation to pay for the operation, maintenance, or
replacement costs of the MR&I System beginning on the date on
which--
(A) title to any MR&I System facility or section of a MR&I
System facility under this subsection is conveyed to the
Tribe; and
(B) the amounts required to be deposited in the MR&I System
OM&R Account pursuant to section 411 have been deposited in
that account.
(i) Authority of Tribe.--Upon transfer of title to the MR&I
System or any section of a MR&I System facility to the Tribe
in accordance with subsection (h), the Tribe is authorized to
collect water use charges from customers of the MR&I System
to cover--
(1) MR&I System OM&R costs; and
(2) any other costs relating to the construction and
operation of the MR&I System.
(j) Alienation and Taxation.--Conveyance of title to the
Tribe pursuant to subsection (h) does not waive or alter any
applicable Federal law prohibiting alienation or taxation of
the MR&I System or the underlying Reservation land.
(k) Technical Assistance.--The Secretary shall provide
technical assistance to prepare the Tribe for operation of
the MR&I System, including operation and management training.
(l) Project Management Committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation,
the Bureau of Indian Affairs, and the Tribe--
(1) to review cost factors and budgets for construction,
operation and maintenance activities for the MR&I System;
(2) to improve management of inherently governmental
activities through enhanced communication; and
(3) to seek additional ways to reduce overall costs for the
MR&I System.
(m) Non-Federal Contribution.--
(1) In general.--Prior to completion of the final design of
the MR&I System required by subsection (c), the Secretary
shall consult with the Tribe, the State of Montana, and other
affected non-Federal parties to discuss the possibility of
receiving non-Federal contributions to the cost of the MR&I
System.
(2) Negotiations.--If, based on the extent to which non-
Federal parties are expected to use the MR&I System, a non-
Federal contribution to the MR&I System is determined by the
parties described in paragraph (1) to be appropriate, the
Secretary shall initiate negotiations for an agreement on the
means by which such contributions may be provided.
SEC. 407. TRIBAL WATER RIGHTS.
(a) Intent of Congress.--It is the intent of Congress to
provide to each allottee benefits that are equivalent to or
exceed the benefits allottees possess as of the date of
enactment of this Act, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and
this title;
(2) the availability of funding under this title and from
other sources;
(3) the availability of water from the tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381) and this title to protect the
interests of allottees.
(b) Confirmation of Tribal Water Rights.--
(1) In general.--The tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Use of the tribal water rights shall be subject
to the terms and conditions established by the Compact.
(c) Holding in Trust.--The tribal water rights--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe and the allottees in accordance with
this section; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the tribal water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the tribal
water rights.
(3) Allocations.--Allottees shall be entitled to a just and
equitable allocation of water for irrigation purposes.
(4) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or any other applicable
law, an allottee shall exhaust remedies available under the
tribal water code or other applicable tribal law.
(5) Claims.--Following exhaustion of remedies available
under the tribal water code or other applicable tribal law,
an allottee may seek relief under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or other applicable law.
(6) Authority.--The Secretary shall have the authority to
protect the rights of allottees as specified in this section.
(e) Authority of Tribe.--
(1) In general.--Except as provided in paragraph (2), the
Tribe shall have authority to allocate, distribute, and lease
the tribal water rights--
(A) in accordance with the Compact; and
(B) subject to approval of the Secretary of the tribal
water code under subsection (f)(3)(B).
(2) Leases by allottees.--Notwithstanding paragraph (1), an
allottee may lease any interest in land held by the allottee,
together with any water right determined to be appurtenant to
the interest in land.
(f) Tribal Water Code.--
(1) In general.--Notwithstanding the time period set forth
in article IV(A)(2)(b) of the Compact, not later than 3 years
after the date on which the Tribe ratifies the Compact as set
forth in section 410(e)(1)(E), the Tribe shall enact a tribal
water code, that provides for--
(A) the management, regulation, and governance of all uses
of the tribal water rights in accordance with the Compact;
and
(B) establishment by the Tribe of conditions, permit
requirements, and other limitations relating to the storage,
recovery, and use of the tribal water rights in accordance
with the Compact.
(2) Inclusions.--Subject to the approval of the Secretary,
the tribal water code shall provide that--
(A) tribal allocations of water to allottees shall be
satisfied with water from the tribal water rights;
(B) charges for delivery of water for irrigation purposes
for allottees shall be assessed on a just and equitable
basis;
(C) there is a process by which an allottee may request
that the Tribe provide water for irrigation use in accordance
with this title;
(D) there is a due process system for the consideration and
determination by the Tribe of any request by an allottee, or
any successor in interest to an allottee, for an allocation
of such water for irrigation purposes on allotted land,
including a process for--
(i) appeal and adjudication of any denied or disputed
distribution of water; and
(ii) resolution of any contested administrative decision;
and
(E) there is a requirement that any allottee with a claim
relating to the enforcement of rights of the allottee under
the tribal water code or relating to the amount of water
allocated to land of the allottee must first exhaust remedies
available to the allottee under tribal law and the tribal
water code before initiating an action against the United
States or petitioning the Secretary pursuant to subsection
(d)(6).
(3) Action by secretary.--
(A) In general.--The Secretary shall administer the tribal
water rights until the tribal water code is enacted in
accordance with paragraph (1) and those provisions requiring
approval pursuant to paragraph (2).
(B) Approval.--The tribal water code shall not be valid
unless--
(i) the provisions of the tribal water code required by
paragraph (2) are approved by the Secretary; and
(ii) each amendment to the tribal water code that affects a
right of an allottee is approved by the Secretary.
(C) Approval period.--The Secretary shall approve or
disapprove the tribal water code within a reasonable period
of time after the date on which the Tribe submits it to the
Secretary.
(g) Effect.--Except as otherwise specifically provided in
this section, nothing in this title--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribe, under Federal,
State, tribal, or local law; or
(2) alters or affects the status of any action pursuant to
section 1491(a) of title 28, United States Code.
SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE.
(a) Storage Allocation to Tribe.--
(1) In general.--As described in and subject to article
III(A)(1)(b) of the Compact, the Secretary shall allocate to
the Tribe 300,000 acre-feet per year of water stored in
Bighorn Lake, Yellowtail Unit, Lower Bighorn Division, Pick
Sloan Missouri Basin Program, Montana, under a water right
held by the United States and managed by the Bureau of
Reclamation, as measured at the outlet works of Yellowtail
Dam, including--
(A) not more than 150,000 acre-feet per year of the
allocation, which may be used in addition to the natural flow
right described in article III(A)(1)(a) of the Compact; and
(B) 150,000 acre-feet per year of the allocation, which may
be used only as supplemental water for the natural flow right
described in article III(A)(1)(a) of the Compact for use in
times of natural flow shortage.
(2) Treatment.--
(A) In general.--The allocation under paragraph (1) shall
be considered to be part of the tribal water rights.
(B) Priority date.--The priority date of the allocation
under paragraph (1) shall be the priority date of the water
right held by the Bureau of Reclamation.
(C) Administration.--
[[Page H7670]]
(i) In general.--The Tribe shall administer the water
allocated under paragraph (1) in accordance with the Compact.
(ii) Temporary transfer.--In accordance with subsection
(c), the Tribe may temporarily transfer by service contract,
lease, exchange, or other agreement, not more than 50,000
acre-feet of water allocated under paragraph (1)(A) off the
Reservation, subject to the approval of the Secretary and the
requirements of the Compact.
(b) Allocation Agreement.--
(1) In general.--As a condition of receiving an allocation
under this section, the Tribe shall enter into an allocation
agreement with the Secretary to establish the terms and
conditions of the allocation, in accordance with the terms
and conditions of the Compact and this title.
(2) Inclusions.--The allocation agreement under paragraph
(1) shall include, among other things, a provision that--
(A) the agreement is without limit as to term;
(B) the Tribe, and not the United States, shall be entitled
to all consideration due to the Tribe under any lease,
contract, or agreement the Tribe may enter into pursuant to
the authority in subsection (c);
(C) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for--
(i) any funds received by the Tribe as consideration under
any lease, contract, or agreement the Tribe may enter into
pursuant to the authority in subsection (c); or
(ii) the expenditure of such funds;
(D) if the facilities at Yellowtail Dam are significantly
reduced or are anticipated to be significantly reduced for an
extended period of time, the Tribe shall have the same
storage rights as other storage contractors with respect to
the allocation under this section;
(E) the costs associated with the construction of the
storage facilities at Yellowtail Dam allocable to the Tribe--
(i) shall be nonreimbursable; and
(ii) shall be excluded from any repayment obligation of the
Tribe;
(F) no water service capital charges shall be due or
payable for any water allocated to the Tribe pursuant to this
title and the allocation agreement, regardless of whether
that water is delivered for use by the Tribe or is delivered
under any leases, contracts, or agreements the Tribe may
enter into pursuant to the authority in subsection (c);
(G) the Tribe shall not be required to make payments to the
United States for any water allocated to the Tribe pursuant
to this title and the allocation agreement except for each
acre-foot of stored water leased or sold for industrial
purposes; and
(H) for each acre-foot of stored water leased or sold by
the Tribe for industrial purposes--
(i) the Tribe shall pay annually to the United States an
amount to cover the proportionate share of the annual
operation, maintenance, and replacement costs for the
Yellowtail Unit allocable to the amount of water for
industrial purposes leased or sold by the Tribe; and
(ii) the annual payments of the Tribe shall be reviewed and
adjusted, as appropriate, to reflect the actual operation,
maintenance, and replacement costs for the Yellowtail Unit.
(c) Temporary Transfer for Use Off Reservation.--
(1) In general.--Notwithstanding any other provision of
statutory or common law and subject to paragraph (2), on
approval of the Secretary and subject to the terms and
conditions of the Compact, the Tribe may enter into a service
contract, lease, exchange, or other agreement providing for
the temporary delivery, use, or transfer of not more than
50,000 acre-feet per year of water allocated under subsection
(a)(1)(A) for use off the Reservation.
(2) Requirement.--An agreement under paragraph (1) shall
not permanently alienate any portion of the water allocated
under subsection (a)(1)(A).
(d) Remaining Storage.--
(1) In general.--As of the date of enactment of this Act,
water in Bighorn Lake shall be considered to be fully
allocated and no further storage allocations shall be made by
the Secretary.
(2) Effect of subsection.--Nothing in this subsection
prevents the Secretary from--
(A) renewing the storage contract with Pennsylvania Power
and Light Company consistent with the allocation to
Pennsylvania Power and Light Company in existence on the date
of enactment of this Act; or
(B) entering into future agreements with either the
Northern Cheyenne Tribe or the Crow Tribe facilitating either
tribe's use of its respective allocation of water from
Bighorn Lake.
SEC. 409. SATISFACTION OF CLAIMS.
(a) In General.--
(1) Satisfaction of tribal claims.--The benefits realized
by the Tribe under this title shall be in complete
replacement of and substitution for, and full satisfaction
of, all claims of the Tribe against the United States under
paragraphs (1) and (3) of section 410(a).
(2) Satisfaction of allottee claims.--The benefits realized
by the allottees under this title shall be in complete
replacement of and substitution for, and full satisfaction
of--
(A) all claims waived and released under section 410(a)(2);
and
(B) any claims of the allottees against the United States
that the allottees have or could have asserted that are
similar in nature to those described in section 410(a)(3).
(b) Satisfaction of Claims Relating to Crow Irrigation
Project.--
(1) In general.--Subject to paragraph (3), the funds made
available under subsections (a) and (f) of section 414 shall
be used to satisfy any claim of the Tribe or the allottees
with respect to the appropriation of funds for the
rehabilitation, expansion, improvement, repair, operation, or
maintenance of the Crow Irrigation Project.
(2) Satisfaction of claims.--Upon complete transfer of the
funds described in subsections (a) and (f) of section 414 any
claim of the Tribe or the allottees with respect to the
transfer of funds for the rehabilitation, expansion,
improvement, repair, operation, or maintenance of the Crow
Irrigation Project shall be deemed to have been satisfied.
(3) Effect.--Except as provided in section 405, nothing in
this title affects any applicable law (including regulations)
under which the United States collects irrigation assessments
from--
(A) non-Indian users of the Crow Irrigation Project; and
(B) the Tribe, tribal entities and instrumentalities,
tribal members, allottees, and entities owned by the Tribe,
tribal members, or allottees, to the extent that annual
irrigation assessments on such tribal water users exceed the
amount of funds available under section 411(e)(3)(D) for
costs relating to CIP OM&R.
(c) No Recognition of Water Rights.--Notwithstanding
subsection (a) and except as provided in section 407, nothing
in this title recognizes or establishes any right of a member
of the Tribe or an allottee to water within the Reservation
or the ceded strip.
SEC. 410. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by the tribe and the
united states acting in its capacity as trustee for the
tribe.--Subject to the retention of rights set forth in
subsection (c), in return for recognition of the tribal water
rights and other benefits as set forth in the Compact and
this title, the Tribe, on behalf of itself and the members of
the Tribe (but not tribal members in their capacities as
allottees), and the United States, acting as trustee for the
Tribe and the members of the Tribe (but not tribal members in
their capacities as allottees), are authorized and directed
to execute a waiver and release of all claims for water
rights within the State of Montana that the Tribe, or the
United States acting as trustee for the Tribe, asserted, or
could have asserted, in any proceeding, including the State
of Montana stream adjudication, prior to and including the
enforceability date, except to the extent that such rights
are recognized in the Compact or this title.
(2) Waiver and release of claims by the united states
acting in its capacity as trustee for allottees.--Subject to
the retention of rights set forth in subsection (c), in
return for recognition of the water rights of the Tribe and
other benefits as set forth in the Compact and this title,
the United States, acting as trustee for allottees, is
authorized and directed to execute a waiver and release of
all claims for water rights within the Reservation and the
ceded strip that the United States, acting as trustee for the
allottees, asserted, or could have asserted, in any
proceeding, including the State of Montana stream
adjudication, prior to and including the enforceability date,
except to the extent that such rights are recognized in the
Compact or this title.
(3) Waiver and release of claims by the tribe against the
united states.--Subject to the retention of rights set forth
in subsection (c), the Tribe, on behalf of itself and the
members of the Tribe (but not Tribal members in their
capacities as allottees), is authorized to execute a waiver
and release of--
(A) all claims against the United States, including the
agencies and employees of the United States, relating to
claims for water rights within the State of Montana that the
United States, acting as trustee for the Tribe, asserted, or
could have asserted, in any proceeding, including the State
of Montana stream adjudication, except to the extent that
such rights are recognized as tribal water rights in this
title, including all claims relating in any manner to the
claims reserved against the United States or agencies or
employees of the United States in section 4(e) of the joint
stipulation of settlement;
(B) all claims against the United States, including the
agencies and employees of the United States, relating to
damages, losses, or injuries to water, water rights, land, or
natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion or
taking of water, or claims relating to failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) within the State of Montana that first
accrued at any time prior to and including the enforceability
date, including all claims relating to the failure to
establish or provide a municipal rural or industrial water
delivery system on the Reservation and all claims relating to
the failure to provide for, operate, or maintain the Crow
Irrigation Project, or any other irrigation system or
irrigation project on the Reservation;
(C) all claims against the United States, including the
agencies and employees of the United States, relating to the
pending litigation of claims relating to the water rights of
the Tribe in the State of Montana;
[[Page H7671]]
(D) all claims against the United States, including the
agencies and employees of the United States, relating to the
negotiation, execution, or the adoption of the Compact
(including exhibits) or this title;
(E) subject to the retention of rights set forth in
subsection (c), all claims for monetary damages against the
United States that first accrued at any time prior to and
including the enforceability date with respect to--
(i) the failure to recognize or enforce the claim of the
Tribe of title to land created by the movement of the Bighorn
River; and
(ii) the failure to make productive use of that land
created by the movement of the Bighorn River to which the
Tribe has claimed title;
(F) all claims against the United States that first accrued
at any time prior to and including the enforceability date
arising from the taking or acquisition of the land of the
Tribe or resources for the construction of the Yellowtail
Dam;
(G) all claims against the United States that first accrued
at any time prior to and including the enforceability date
relating to the construction and operation of Yellowtail Dam
and the management of Bighorn Lake; and
(H) all claims that first accrued at any time prior to and
including the enforceability date relating to the generation,
or the lack thereof, of power from Yellowtail Dam.
(b) Effectiveness of Waivers and Releases.--The waivers
under subsection (a) shall take effect on the enforceability
date.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
title, the Tribe on behalf of itself and the members of the
Tribe and the United States, acting as trustee for the Tribe
and allottees, retain--
(1) all claims for enforcement of the Compact, any final
decree, or this title;
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water, including any claims the Tribe may have under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(4) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights (including hunting, fishing, gathering, or cultural
rights);
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or article VII(E) of the Compact;
(6) all claims against any person or entity other than the
United States, including claims for monetary damages, with
respect to--
(A) the claim of the Tribe of title to land created by the
movement of the Bighorn River; and
(B) the productive use of that land created by the movement
of the Bighorn River to which the Tribe has claimed title;
and
(7) all claims that first accrued after the enforceability
date with respect to claims otherwise waived in accordance
with subparagraphs (B) and (E) through (H) of subsection
(a)(3).
(d) Effect of Compact and Title.--Nothing in the Compact or
this title--
(1) affects the ability of the United States, acting as
sovereign, to take actions authorized by law, including any
laws relating to health, safety, or the environment,
including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(2) affects the ability of the United States to take
actions acting as trustee for any other Indian tribe or
allottee of any other Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health, safety, or
the environment;
(B) to determine the duties of the United States or other
parties pursuant to Federal law regarding health, safety, or
the environment; or
(C) to conduct judicial review of Federal agency action;
(4) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe; or
(5) revives any claims waived by the Tribe in the joint
stipulation of settlement.
(e) Enforceability Date.--
(1) In general.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a
statement of findings that--
(A)(i) the Montana Water Court has issued a final judgment
and decree approving the Compact; or
(ii) if the Montana Water Court is found to lack
jurisdiction, the district court of jurisdiction has approved
the Compact as a consent decree and such approval is final;
(B) all of the funds made available under subsections (c)
through (f) of section 414 have been deposited in the Fund;
(C) the Secretary has executed the agreements with the
Tribe required by sections 405(a) and 406(a);
(D) the State of Montana has appropriated and paid into an
interest-bearing escrow account any payments due as of the
date of enactment of this Act to the Tribe under the Compact;
(E)(i) the Tribe has ratified the Compact by submitting
this title and the Compact to a vote by the tribal membership
for approval or disapproval; and
(ii) the tribal membership has voted to approve this title
and the Compact by a majority of votes cast on the day of the
vote, as certified by the Secretary and the Tribe;
(F) the Secretary has fulfilled the requirements of section
408(a); and
(G) the waivers and releases authorized and set forth in
subsection (a) have been executed by the Tribe and the
Secretary.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this title are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(g) Expiration and Tolling.--In the event that all
appropriations authorized by this Act have not been made
available to the Secretary by June 30, 2030--
(1) the waivers authorized in this section shall expire and
be of no further force or effect; and
(2) all statutes of limitations applicable to any claim
otherwise waived shall be tolled until June 30, 2030.
(h) Voiding of Waivers.--If the waivers pursuant to this
section are void under subsection (g)--
(1) the United States' approval of the Compact under
section 404 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made
available to carry out the activities authorized in this Act,
together with any interest earned on those funds, and any
water rights or contracts to use water and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized in this Act shall be returned to the Federal
Government, unless otherwise agreed to by the Tribe and the
United States and approved by Congress; and
(3) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (2), the United States shall be entitled to set off
any Federal funds appropriated or made available to carry out
the activities authorized in this Act that were expended or
withdrawn, together with any interest accrued, against any
claims against the United States relating to water rights in
the State of Montana asserted by the Tribe or in any future
settlement of the water rights of the Crow Tribe.
SEC. 411. CROW SETTLEMENT FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as ``the Crow Settlement
Fund'', to be administered by the Secretary for the purpose
of carrying out this title.
(b) Transfers to Fund.--The Fund shall consist of such
amounts as are deposited in the Fund under subsections (c)
through (h) of section 414.
(c) Accounts of Crow Settlement Fund.--The Secretary shall
establish in the Fund the following accounts:
(1) The Tribal Compact Administration account, consisting
of amounts made available pursuant to section 414(c).
(2) The Energy Development Projects account, consisting of
amounts made available pursuant to section 414(d).
(3) The MR&I System OM&R Account, consisting of amounts
made available pursuant to section 414(e).
(4) The CIP OM&R Account, consisting of amounts made
available pursuant to section 414(f).
(d) Deposits to Crow Settlement Fund.--
(1) In general.--The Secretary of the Treasury shall
promptly deposit in the Fund any amounts appropriated for
that purpose.
(2) Priority of deposits to accounts.--Of the amounts
appropriated for deposit in the Fund, the Secretary of the
Treasury shall deposit amounts in the accounts listed in
subsection (c)--
(A) in full; and
(B) in the order listed in subsection (c).
(e) Management.--
(1) In general.--The Secretary shall manage the Fund, make
investments from the Fund, and make amounts available from
the Fund for distribution to the Tribe consistent with the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(2) Investment of crow settlement fund.--Beginning on the
enforceability date, the Secretary shall invest amounts in
the Fund in accordance with--
(A) the Act of April 1, 1880 (25 U.S.C. 161);
(B) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
[[Page H7672]]
(C) the obligations of Federal corporations and Federal
Government-sponsored entities, the charter documents of which
provide that the obligations of the entities are lawful
investments for federally managed funds, including--
(i) the obligations of the United States Postal Service
described in section 2005 of title 39, United States Code;
(ii) bonds and other obligations of the Tennessee Valley
Authority described in section 15d of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831n-4);
(iii) mortgages, obligations, and other securities of the
Federal Home Loan Mortgage Corporation described in section
303 of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1452); and
(iv) bonds, notes, and debentures of the Commodity Credit
Corporation described in section 4 of the Act of March 8,
1938 (15 U.S.C. 713a-4).
(3) Distributions from crow settlement fund.--
(A) In general.--Amounts from the Fund shall be used for
each purpose described in subparagraphs (B) through (E).
(B) Tribal compact administration account.--The Tribal
Compact Administration account shall be used for expenditures
by the Tribe for Tribal Compact Administration.
(C) Energy development projects account.--The Energy
Development Projects account shall be used for expenditures
by the Tribe for the following types of energy development on
the Reservation, the ceded strip, and land owned by the
Tribe:
(i) Development and marketing of power generation on the
Yellowtail Afterbay Dam authorized in section 412(b).
(ii) Development of clean coal conversion projects.
(iii) Renewable energy projects other than the project
described in clause (i).
(D) CIP om&r account.--
(i) In general.--Amounts in the CIP OM&R Account shall be
used for CIP OM&R costs.
(ii) Reduction of costs to tribal water users.--
(I) In general.--Subject to subclause (II), the funds
described in clause (i) shall be used to reduce the CIP OM&R
costs to all tribal water users on a proportional basis for a
given year.
(II) Limitation on use of funds.--Funds in the CIP OM&R
Account shall be used to pay irrigation assessments only for
the Tribe, tribal entities and instrumentalities, tribal
members, allottees, and entities owned by the Tribe, tribal
members, or allottees.
(E) MR&I system om&r account.--Funds from the MR&I System
OM&R Account shall be used to assist the Tribe in paying MR&I
System OM&R costs.
(4) Withdrawals by tribe.--
(A) In general.--The Tribe may withdraw any portion of
amounts in the Fund on approval by the Secretary of a tribal
management plan in accordance with the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--
(i) In general.--In addition to the requirements under the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.), the tribal management plan of the Tribe
under subparagraph (A) shall require that the Tribe spend any
amounts withdrawn from the Fund in accordance with this
title.
(ii) Enforcement.--The Secretary may carry out such
judicial or administrative actions as the Secretary
determines to be necessary to enforce a tribal management
plan to ensure that amounts withdrawn by the Tribe from the
Fund under this paragraph are used in accordance with this
title.
(C) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of amounts withdrawn from the Fund by the Tribe
under this paragraph.
(D) Expenditure plan.--
(i) In general.--For each fiscal year, the Tribe shall
submit to the Secretary for approval an expenditure plan for
any portion of the amounts described in subparagraph (A) that
the Tribe elects not to withdraw under this paragraph during
the fiscal year.
(ii) Inclusion.--An expenditure plan under clause (i) shall
include a description of the manner in which, and the
purposes for which, amounts of the Tribe remaining in the
Fund will be used during subsequent fiscal years.
(iii) Approval.--On receipt of an expenditure plan under
clause (i), the Secretary shall approve the plan if the
Secretary determines that the plan is--
(I) reasonable; and
(II) consistent with this title.
(5) Annual reports.--The Tribe shall submit to the
Secretary annual reports describing each expenditure by the
Tribe of amounts in the Fund during the preceding calendar
year.
(6) Certain per capita distributions prohibited.--No amount
in the Fund shall be distributed to any member of the Tribe
on a per capita basis.
(f) Availability.--
(1) In general.--Except as provided in paragraph (2), the
amounts in the Fund shall be available for use by the
Secretary and withdrawal by the Tribe beginning on the
enforceability date.
(2) Exception.--The amounts made available under section
414(c) shall be available for use by the Secretary and
withdrawal by the Tribe beginning on the date on which the
Tribe ratifies the Compact as provided in section
410(e)(1)(E).
(g) State Contribution.--The State of Montana contribution
to the Fund shall be provided in accordance with article
VI(A) of the Compact.
(h) Separate Appropriations Account.--Section 1105(a) of
title 31, United States Code, is amended--
(1) by redesignating paragraphs (35) and (36) as paragraphs
(36) and (37), respectively;
(2) by redesignating the second paragraph (33) (relating to
obligational authority and outlays requested for homeland
security) as paragraph (35); and
(3) by adding at the end the following:
``(38) a separate statement for the Crow Settlement Fund
established under section 411 of the Crow Tribe Water Rights
Settlement Act of 2010, which shall include the estimated
amount of deposits into the Fund, obligations, and outlays
from the Fund.''.
SEC. 412. YELLOWTAIL DAM, MONTANA.
(a) Streamflow and Lake Level Management Plan.--
(1) In general.--Nothing in this title, the Compact, or the
Streamflow and Lake Level Management Plan referred to in
article III(A)(7) of the Compact--
(A) limits the discretion of the Secretary under the
section 4F of that plan; or
(B) requires the Secretary to give priority to any factor
described in section 4F of that plan over any other factor
described in that section.
(2) Bighorn lake management.--Bighorn Lake water
management, including the Streamflow and Lake Level
Management Plan, is a Federal activity, and the review and
enforcement of any water management decisions relating to
Bighorn Lake shall be as provided by Federal law.
(3) Applicability of paragraphs (1) and (2).--The
Streamflow and Lake Level Management Plan referred to in and
part of the Compact shall be interpreted to clearly reflect
paragraphs (1) and (2).
(4) Applicability of instream flow requirements in plan.--
Notwithstanding any term (including any defined term) or
provision in the Streamflow and Lake Level Management Plan,
for purposes of this title, the Compact, and the Streamflow
and Lake Level Management Plan, any requirement in the
Streamflow and Lake Level Management Plan that the Tribe
dedicate a specified percentage, portion, or number of acre-
feet of water per year of the tribal water rights to instream
flow means (and is limited in meaning and effect to) an
obligation on the part of the Tribe to withhold from
development or otherwise refrain from diverting or removing
from the Bighorn River the specified quantity of water for
the duration, at the locations, and under the conditions set
forth in the applicable requirement.
(b) Power Generation.--
(1) In general.--Notwithstanding any other provision of
law, the Tribe shall have the exclusive right to develop and
market power generation on the Yellowtail Afterbay Dam,
provided that this exclusive right shall expire 15 years
after the date of enactment of this Act if construction has
not been substantially completed on the power generation
project of the Tribe.
(2) Bureau of reclamation cooperation.--The Bureau of
Reclamation shall cooperate with the Tribe on the development
of any power generation project under this subsection.
(3) Agreement.--Before construction of a power generation
project under this subsection, the Tribe shall enter into an
agreement with the Bureau of Reclamation that contains
provisions that--
(A) allocate the responsibilities for the design,
construction, and operations of the project;
(B) assure the compatibility of the power generation
project with the operations of the Yellowtail Unit and the
Yellowtail Afterbay Dam, which shall include entering into
agreements--
(i) regarding operating criteria and emergency procedures,
as they relate to dam safety; and
(ii) under which, should the Tribe propose any
modifications to facilities owned by the Bureau of
Reclamation, the proposed modifications shall be subject to
review and approval by the Secretary, acting through the
Bureau of Reclamation;
(C) beginning 10 years after the date on which the Tribe
begins marketing power generated from the Yellowtail Afterbay
Dam, the Tribe shall make annual payments for operation,
maintenance, and replacement costs in amounts determined in
accordance with the guidelines and methods of the Bureau of
Reclamation for assessing operation, maintenance, and
replacement charges, provided that such annual payments shall
not exceed 3 percent of gross annual revenue produced by the
sale of electricity generated by such project; and
(D) the Secretary--
(i) shall review the charges established in the agreement
on the date that is 5 years after the date on which the Tribe
makes the first payment described in subparagraph (C) to the
Secretary under the agreement and at 5 year intervals
thereafter; and
(ii) may increase or decrease the charges in proportion to
the amount of any increase or decrease in the costs of
operation, maintenance, and replacement for the Yellowtail
Afterbay Dam, provided that any increase in operation,
maintenance, and replacement costs assessed to the Tribe may
not exceed--
(I) 5 percent in any 5 year period; and
[[Page H7673]]
(II) 3 percent of the gross annual revenue produced by the
sale of electricity generated by such project.
(4) Use of power by tribe.--Any hydroelectric power
generated in accordance with this subsection shall be used or
marketed by the Tribe.
(5) Revenues.--The Tribe shall retain any revenues from the
sale of hydroelectric power generated by a project under this
subsection.
(6) Liability of united states.--The United States shall
have no trust obligation to monitor, administer, or account
for--
(A) the revenues received by the Tribe under this
subsection; or
(B) the expenditure of the revenues received by the Tribe
under this subsection.
(c) Consultation With Tribe.--The Bureau of Reclamation
shall consult with the Tribe on at least a quarterly basis on
all issues relating to the management of Yellowtail Dam by
the Bureau of Reclamation.
(d) Amendments to Compact and Plan.--The provisions of
subsection (a) apply to any amendment to--
(1) the Compact; or
(2) the Streamflow and Lake Level Management Plan.
SEC. 413. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section
208 of the Department of Justice Appropriation Act, 1953 (43
U.S.C. 666), nothing in this title waives the sovereign
immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
title quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
tribe, band, or community other than the Tribe.
(c) Limitation on Claims for Reimbursement.--With respect
to Indian land within the Reservation or the ceded strip--
(1) the United States shall not submit against any Indian-
owned land located within the Reservation or the ceded strip
any claim for reimbursement of the cost to the United States
of carrying out this title and the Compact; and
(2) no assessment of any Indian-owned land located within
the Reservation or the ceded strip shall be made regarding
that cost.
(d) Limitation on Liability of United States.--
(1) In general.--The United States has no trust or other
obligation--
(A) to monitor, administer, or account for, in any manner,
any funds provided to the Tribe by any party to the Compact
other than the United States; or
(B) to review or approve any expenditure of those funds.
(2) Indemnification.--The Tribe shall indemnify the United
States, and hold the United States harmless, with respect to
all claims (including claims for takings or breach of trust)
arising from the receipt or expenditure of amounts described
in paragraph (1)(A).
(e) Effect on Current Law.--Nothing in this section affects
any provision of law (including regulations) in effect on the
day before the date of enactment of this Act with respect to
preenforcement review of any Federal environmental
enforcement action.
(f) Limitations on Effect.--
(1) In general.--Nothing in this title, the Compact, or the
Streamflow and Lake Level Management Plan referred to in
article III(A)(7) of the Compact--
(A) limits, expands, alters, or otherwise affects--
(i) the meaning, interpretation, implementation,
application, or effect of any article, provision, or term of
the Yellowstone River Compact;
(ii) any right, requirement, or obligation under the
Yellowstone River Compact;
(iii) any allocation (or manner of determining any
allocation) of water under the Yellowstone River Compact; or
(iv) any present or future claim, defense, or other
position asserted in any legal, administrative, or other
proceeding arising under or relating to the Yellowstone River
Compact (including the original proceeding between the State
of Montana and the State of Wyoming pending as of the date of
enactment of this Act before the United States Supreme
Court);
(B) makes an allocation or apportionment of water between
or among States;
(C) addresses or implies whether, how, or to what extent
(if any)--
(i) the tribal water rights, or any portion of the tribal
water rights, should be accounted for as part of or otherwise
charged against any allocation of water made to a State under
the provisions of the Yellowstone River Compact; or
(ii) the Yellowstone River Compact includes the tribal
water rights or the water right of any Indian tribe as part
of any allocation or other disposition of water under that
compact; or
(D) waives the sovereign immunity from suit of any State
under the Eleventh Amendment to the Constitution of the
United States, except as expressly authorized in Article
IV(F)(8) of the Compact.
(2) Effect of certain provisions in compact.--The
provisions in paragraphs (1) and (2) of article III
(A)(6)(a), paragraphs (1) and (2) of article III(B)(6)(a),
paragraphs (1) and (2) of article III(E)(6)(a), and
paragraphs (1) and (2) of article III (F)(6)(a) of the
Compact that provide protections to certain water rights
recognized under the laws of the State of Montana do not
affect in any way, either directly or indirectly, existing or
future water rights (including the exercise of any such
rights) outside of the State of Montana.
(g) Effect on Reclamation Law.--The activities carried out
by the Bureau of Reclamation under this title shall not
establish a precedent or impact the authority provided under
any other provision of Federal reclamation law, including--
(1) the Rural Supply Act of 2006 (Public Law 109-451; 120
Stat. 3345); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
SEC. 414. FUNDING.
(a) Rehabilitation and Improvement of Crow Irrigation
Project.--
(1) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $73,843,000,
adjusted to reflect changes since May 1, 2008, in
construction cost indices applicable to the types of
construction involved in the rehabilitation and improvement
of the Crow Irrigation Project, for the rehabilitation and
improvement of the Crow Irrigation Project.
(2) Authorization of appropriations.--In addition to the
amount made available under paragraph (1), there is
authorized to be appropriated to the Secretary for the
rehabilitation and improvement of the Crow Irrigation Project
$58,000,000, adjusted to reflect changes since May 1, 2008,
in construction cost indices applicable to the types of
construction involved in the rehabilitation and improvement
of the Crow Irrigation Project.
(b) Design and Construction of MR&I System.--
(1) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $146,000,000,
adjusted to reflect changes since May 1, 2008, in
construction cost indices applicable to the types of
construction involved in the design and construction of the
MR&I System, for the design and construction of the MR&I
System.
(2) Authorization of appropriations.--In addition to the
amount made available under paragraph (1), there is
authorized to be appropriated to the Secretary for the design
and construction of the MR&I System $100,381,000, adjusted to
reflect changes since May 1, 2008, in construction cost
indices applicable to the types of construction involved in
the design and construction of the MR&I System.
(c) Tribal Compact Administration.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $4,776,000, adjusted
to reflect changes in appropriate cost indices during the
period beginning on the date of enactment of this Act and
ending on the date of the transfer, for Tribal Compact
Administration.
(d) Energy Development Projects.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $20,000,000,
adjusted to reflect changes in appropriate cost indices
during the period beginning on the date of enactment of this
Act and ending on the date of the transfer, for Energy
Development Projects as set forth in section 411(e)(3)(C).
(e) MR&I System OM&R.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary $47,000,000, adjusted to reflect
changes in appropriate cost indices during the period
beginning on the date of enactment of this Act and ending on
the date of the transfer, for MR&I System OM&R.
(f) CIP OM&R.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary $10,000,000, adjusted to reflect
changes in appropriate cost indices during the period
beginning on the date of enactment of this Act and ending on
the date of the transfer, for CIP OM&R.
(g) Use.--In addition to the uses authorized under
subsections (a) and (b), such amounts as may be necessary of
the amounts made available under those subsections may be
used to carry out related activities necessary to comply with
Federal environmental and cultural resource laws.
(h) Account Transfers.--
(1) In general.--The Secretary may transfer from the
amounts made available under subsection (a) such amounts as
the Secretary, with the concurrence of the Tribe, determines
to be necessary to supplement the amounts made available
under subsection (b), on a determination of the Secretary, in
consultation with the Tribe, that such a transfer is in the
best interest of the Tribe.
(2) Other approved transfers.--The Secretary may transfer
from the amounts made available under subsection (b) such
amounts as the Secretary, with the concurrence of the Tribe,
determines to be necessary to supplement the amounts made
available under subsection (a), on a determination of the
Secretary, in consultation with the Tribe, that such a
transfer is in the best interest of the Tribe.
(i) Receipt and Acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under subsections (a)
through (f), without further appropriation.
SEC. 415. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings
under section 410(e) not
[[Page H7674]]
later than March 31, 2016, or the extended date agreed to by
the Tribe and the Secretary, after reasonable notice to the
State of Montana, as applicable--
(1) this title is repealed effective April 1, 2016, or the
day after the extended date agreed to by the Tribe and the
Secretary after reasonable notice to the State of Montana,
whichever is later;
(2) any action taken by the Secretary and any contract or
agreement pursuant to the authority provided under any
provision of this title shall be void;
(3) any amounts made available under section 414, together
with any interest on those amounts, shall immediately revert
to the general fund of the Treasury;
(4) any amounts made available under section 414 that
remain unexpended shall immediately revert to the general
fund of the Treasury; and
(5) the United States shall be entitled to set off against
any claims asserted by the Tribe against the United States
relating to water rights--
(A) any funds expended or withdrawn from the amounts made
available pursuant to this title; and
(B) any funds made available to carry out the activities
authorized in this title from other authorized sources.
SEC. 416. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this title
(including any such obligation or activity under the
Settlement Agreement) if adequate appropriations are not
provided expressly by Congress to carry out the purposes of
this title in the Reclamation Water Settlements Fund
established under section 10501 of Public Law 111-11 or the
``Emergency Fund for Indian Safety and Health'' established
by section 601(a) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)).
TITLE V--TAOS PUEBLO INDIAN WATER RIGHTS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Taos Pueblo Indian Water
Rights Settlement Act''.
SEC. 502. PURPOSES.
The purposes of this title are--
(1) to approve, ratify, and confirm the Taos Pueblo Indian
Water Rights Settlement Agreement;
(2) to authorize and direct the Secretary to execute the
Settlement Agreement and to perform all obligations of the
Secretary under the Settlement Agreement and this title; and
(3) to authorize all actions and appropriations necessary
for the United States to meet its obligations under the
Settlement Agreement and this title.
SEC. 503. DEFINITIONS.
In this title:
(1) Eligible non-pueblo entities.--The term ``Eligible Non-
Pueblo Entities'' means the Town of Taos, the El Prado Water
and Sanitation District, and the New Mexico Department of
Finance and Administration Local Government Division on
behalf of the Acequia Madre del Rio Lucero y del Arroyo Seco,
the Acequia Madre del Prado, the Acequia del Monte, the
Acequia Madre del Rio Chiquito, the Upper Ranchitos Mutual
Domestic Water Consumers Association, the Upper Arroyo Hondo
Mutual Domestic Water Consumers Association, and the Llano
Quemado Mutual Domestic Water Consumers Association.
(2) Enforcement date.--The term ``Enforcement Date'' means
the date upon which the Secretary publishes the notice
required by section 509(f)(1).
(3) Mutual-benefit projects.--The term ``Mutual-Benefit
Projects'' means the projects described and identified in
articles 6 and 10.1 of the Settlement Agreement.
(4) Partial final decree.--The term ``Partial Final
Decree'' means the Decree entered in New Mexico v. Abeyta and
New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and
7939-BB (U.S. D.N.M.) (consolidated), for the resolution of
the Pueblo's water right claims and which is substantially in
the form agreed to by the Parties and attached to the
Settlement Agreement as Attachment 5.
(5) Parties.--The term ``Parties'' means the Parties to the
Settlement Agreement, as identified in article 1 of the
Settlement Agreement.
(6) Pueblo.--The term ``Pueblo'' means the Taos Pueblo, a
sovereign Indian tribe duly recognized by the United States
of America.
(7) Pueblo lands.--The term ``Pueblo lands'' means those
lands located within the Taos Valley to which the Pueblo, or
the United States in its capacity as trustee for the Pueblo,
holds title subject to Federal law limitations on alienation.
Such lands include Tracts A, B, and C, the Pueblo's land
grant, the Blue Lake Wilderness Area, and the Tenorio and
Karavas Tracts and are generally depicted in Attachment 2 to
the Settlement Agreement.
(8) San juan-chama project.--The term ``San Juan-Chama
Project'' means the Project authorized by section 8 of the
Act of June 13, 1962 (76 Stat. 96 and 97), and the Act of
April 11, 1956 (70 Stat. 105).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Settlement agreement.--The term ``Settlement
Agreement'' means the contract dated March 31, 2006, between
and among--
(A) the United States, acting solely in its capacity as
trustee for Taos Pueblo;
(B) the Taos Pueblo, on its own behalf;
(C) the State of New Mexico;
(D) the Taos Valley Acequia Association and its 55 member
ditches;
(E) the Town of Taos;
(F) the El Prado Water and Sanitation District; and
(G) the 12 Taos area Mutual Domestic Water Consumers
Associations, as amended to conform with this title.
(11) State engineer.--The term ``State Engineer'' means the
New Mexico State Engineer.
(12) Taos valley.--The term ``Taos Valley'' means the
geographic area depicted in Attachment 4 of the Settlement
Agreement.
SEC. 504. PUEBLO RIGHTS.
(a) In General.--Those rights to which the Pueblo is
entitled under the Partial Final Decree shall be held in
trust by the United States on behalf of the Pueblo and shall
not be subject to forfeiture, abandonment, or permanent
alienation.
(b) Subsequent Act of Congress.--The Pueblo shall not be
denied all or any part of its rights held in trust absent its
consent unless such rights are explicitly abrogated by an Act
of Congress hereafter enacted.
SEC. 505. TAOS PUEBLO WATER DEVELOPMENT FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Taos Pueblo
Water Development Fund'' (referred to in this section as the
``Fund'') to be used to pay or reimburse costs incurred by
the Pueblo for--
(1) acquiring water rights;
(2) planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment or
delivery infrastructure, on-farm improvements, or wastewater
infrastructure;
(3) restoring, preserving and protecting the Buffalo
Pasture, including planning, permitting, designing,
engineering, constructing, operating, managing and replacing
the Buffalo Pasture Recharge Project;
(4) administering the Pueblo's water rights acquisition
program and water management and administration system; and
(5) watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and
economic development, and costs related to the negotiation,
authorization, and implementation of the Settlement
Agreement.
(b) Management of Fund.--The Secretary shall manage the
Fund, invest amounts in the Fund, and make monies available
from the Fund for distribution to the Pueblo consistent with
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.) (hereinafter, ``Trust Fund Reform
Act''), this title, and the Settlement Agreement.
(c) Investment of Fund.--Upon the Enforcement Date, the
Secretary shall invest amounts in the Fund in accordance
with--
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(d) Availability of Amounts From Fund.--Upon the
Enforcement Date, all monies deposited in the Fund pursuant
to section 509(c)(1) or made available from other authorized
sources shall be available to the Pueblo for expenditure or
withdrawal after the requirements of subsection (e) have been
met.
(e) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Pueblo may withdraw all or part of the
Fund on approval by the Secretary of a tribal management plan
as described in the Trust Fund Reform Act.
(B) Requirements.--In addition to the requirements under
the Trust Fund Reform Act, the tribal management plan shall
require that the Pueblo spend any funds in accordance with
the purposes described in subsection (a).
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the requirement that monies
withdrawn from the Fund are used for the purposes specified
in subsection (a).
(3) Liability.--If the Pueblo exercises the right to
withdraw monies from the Fund, neither the Secretary nor the
Secretary of the Treasury shall retain any liability for the
expenditure or investment of the monies withdrawn.
(4) Expenditure plan.--
(A) In general.--The Pueblo shall submit to the Secretary
for approval an expenditure plan for any portions of the
funds made available under this title that the Pueblo does
not withdraw under paragraph (1)(A).
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts
remaining in the Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this title.
(5) Annual report.--The Pueblo shall submit to the
Secretary an annual report that describes all expenditures
from the Fund during the year covered by the report.
(f) Amounts Available on Appropriation.--Notwithstanding
subsection (d), $15,000,000 of the monies deposited in the
Fund--
[[Page H7675]]
(1) shall be available upon appropriation or availability
of the funds from other authorized sources for the Pueblo's
acquisition of water rights pursuant to Article 5.1.1.2.3 of
the Settlement Agreement, the Buffalo Pasture Recharge
Project, implementation of the Pueblo's water rights
acquisition program and water management and administration
system, the design, planning, engineering, permitting or
construction of water or wastewater infrastructure eligible
for funding under subsection (a), or costs related to the
negotiation, authorization, and implementation of the
Settlement Agreement, provided that such funds may be
expended prior to the Enforcement Date only for activities
which are determined by the Secretary to be more cost
effective when implemented as early as possible; and
(2) shall be distributed by the Secretary to the Pueblo on
receipt by the Secretary from the Pueblo of a written notice
and a Tribal Council resolution that describes the purposes
under paragraph (1) for which the monies will be used after a
cost-effectiveness determination by the Secretary has been
made as described in paragraph (1). The Secretary shall make
the determination described in paragraph (1) within a
reasonable period of time after receipt of the notice and
resolution.
(g) No Per Capita Distributions.--No portion of the Fund
shall be distributed on a per capita basis to members of the
Pueblo.
SEC. 506. MARKETING.
(a) Pueblo Water Rights.--Subject to the approval of the
Secretary in accordance with subsection (e), the Pueblo may
market water rights secured to it under the Settlement
Agreement and Partial Final Decree, provided that such
marketing is in accordance with this section.
(b) Pueblo Contract Rights to San Juan-Chama Project
Water.--Subject to the approval of the Secretary in
accordance with subsection (e), the Pueblo may subcontract
water made available to the Pueblo under the contract
authorized under section 508(b)(1)(A) to third parties to
supply water for use within or without the Taos Valley,
provided that the delivery obligations under such subcontract
are not inconsistent with the Secretary's existing San Juan-
Chama Project obligations and such subcontract is in
accordance with this section.
(c) Limitation.--
(1) In general.--Diversion or use of water off Pueblo lands
pursuant to Pueblo water rights or Pueblo contract rights to
San Juan-Chama Project water shall be subject to and not
inconsistent with the same requirements and conditions of
State law, any applicable Federal law, and any applicable
interstate compact as apply to the exercise of water rights
or contract rights to San Juan-Chama Project water held by
non-Federal, non-Indian entities, including all applicable
State Engineer permitting and reporting requirements.
(2) Effect on water rights.--Such diversion or use off
Pueblo lands under paragraph (1) shall not impair water
rights or increase surface water depletions within the Taos
Valley.
(d) Maximum Term.--
(1) In general.--The maximum term of any water use lease or
subcontract, including all renewals, shall not exceed 99
years in duration.
(2) Alienation of rights.--The Pueblo shall not permanently
alienate any rights it has under the Settlement Agreement,
the Partial Final Decree, and this title.
(e) Approval of Secretary.--The Secretary shall approve or
disapprove any lease or subcontract submitted by the Pueblo
for approval within a reasonable period of time after
submission, provided that no Secretarial approval shall be
required for any water use lease for less than 10 acre-feet
per year with a term of less than 7 years, including all
renewals.
(f) No Forfeiture or Abandonment.--The nonuse by a lessee
or subcontractor of the Pueblo of any right to which the
Pueblo is entitled under the Partial Final Decree shall in no
event result in a forfeiture, abandonment, relinquishment, or
other loss of all or any part of those rights.
(g) No Preemption.--
(1) In general.--The approval authority of the Secretary
provided under subsection (e) shall not amend, construe,
supersede, or preempt any State or Federal law, interstate
compact, or international treaty that pertains to the
Colorado River, the Rio Grande, or any of their tributaries,
including the appropriation, use, development, storage,
regulation, allocation, conservation, exportation, or
quantity of those waters.
(2) Applicable law.--The provisions of section 2116 of the
Revised Statutes (25 U.S.C. 177) shall not apply to any water
made available under the Settlement Agreement.
(h) No Prejudice.--Nothing in this title shall be construed
to establish, address, prejudice, or prevent any party from
litigating whether or to what extent any applicable State
law, Federal law, or interstate compact does or does not
permit, govern, or apply to the use of the Pueblo's water
outside of New Mexico.
SEC. 507. MUTUAL-BENEFIT PROJECTS.
(a) In General.--Upon the Enforcement Date, the Secretary,
acting through the Commissioner of Reclamation, shall provide
financial assistance in the form of grants on a
nonreimbursable basis to Eligible Non-Pueblo Entities to
plan, permit, design, engineer, and construct the Mutual-
Benefit Projects in accordance with the Settlement
Agreement--
(1) to minimize adverse impacts on the Pueblo's water
resources by moving future non-Indian ground water pumping
away from the Pueblo's Buffalo Pasture; and
(2) to implement the resolution of a dispute over the
allocation of certain surface water flows between the Pueblo
and non-Indian irrigation water right owners in the community
of Arroyo Seco Arriba.
(b) Cost-sharing.--
(1) Federal share.--The Federal share of the total cost of
planning, designing, and constructing the Mutual-Benefit
Projects authorized in subsection (a) shall be 75 percent and
shall be nonreimbursable.
(2) Non-federal share.--The non-Federal share of the total
cost of planning, designing, and constructing the Mutual-
Benefit Projects shall be 25 percent and may be in the form
of in-kind contributions, including the contribution of any
valuable asset or service that the Secretary determines would
substantially contribute to completing the Mutual-Benefit
Projects.
(3) Additional state contribution.--As a condition of
expenditure by the Secretary of the funds made available
under section 509(c)(2), the State shall--
(A) appropriate and make available the non-Federal share
described in paragraph (2); and
(B) agree to provide additional funding associated with the
Mutual-Benefit Projects as described in paragraph 10 of the
Settlement Agreement.
SEC. 508. SAN JUAN-CHAMA PROJECT CONTRACTS.
(a) In General.--Contracts issued under this section shall
be in accordance with this title and the Settlement
Agreement.
(b) Contracts for San Juan-Chama Project Water.--
(1) In general.--The Secretary shall enter into 3 repayment
contracts within a reasonable period after the date of
enactment of this Act, for the delivery of San Juan-Chama
Project water in the following amounts:
(A) 2,215 acre-feet/annum to the Pueblo.
(B) 366 acre-feet/annum to the Town of Taos.
(C) 40 acre-feet/annum to the El Prado Water and Sanitation
District.
(2) Requirements.--Each such contract shall provide that if
the conditions precedent set forth in section 509(f)(2) have
not been fulfilled by March 31, 2017, the contract shall
expire on that date.
(3) Applicable law.--Public Law 87-483 (76 Stat. 97)
applies to the contracts entered into under paragraph (1) and
no preference shall be applied as a result of section 504(a)
with regard to the delivery or distribution of San Juan-Chama
Project water or the management or operation of the San Juan-
Chama Project.
(c) Waiver.--With respect to the contract authorized and
required by subsection (b)(1)(A) and notwithstanding the
provisions of Public Law 87-483 (76 Stat. 96) or any other
provision of law--
(1) the Secretary shall waive the entirety of the Pueblo's
share of the construction costs, both principal and the
interest, for the San Juan-Chama Project and pursuant to that
waiver, the Pueblo's share of all construction costs for the
San Juan-Chama Project, inclusive of both principal and
interest shall be nonreimbursable; and
(2) the Secretary's waiver of the Pueblo's share of the
construction costs for the San Juan-Chama Project will not
result in an increase in the pro rata shares of other San
Juan-Chama Project water contractors, but such costs shall be
absorbed by the United States Treasury or otherwise
appropriated to the Department of the Interior.
SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND
CONDITIONS PRECEDENT.
(a) Ratification.--
(1) In general.--Except to the extent that any provision of
the Settlement Agreement conflicts with any provision of this
title, the Settlement Agreement is authorized, ratified, and
confirmed.
(2) Amendments.--To the extent amendments are executed to
make the Settlement Agreement consistent with this title,
such amendments are also authorized, ratified, and confirmed.
(b) Execution of Settlement Agreement.--To the extent that
the Settlement Agreement does not conflict with this title,
the Secretary shall execute the Settlement Agreement,
including all exhibits to the Settlement Agreement requiring
the signature of the Secretary and any amendments necessary
to make the Settlement Agreement consistent with this title,
after the Pueblo has executed the Settlement Agreement and
any such amendments.
(c) Funding.--
(1) Taos pueblo water development fund.--
(A) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary for deposit in the
Taos Pueblo Water Development Fund established by section
505(a), for the period of fiscal years 2011 through 2016,
$50,000,000, as adjusted by such amounts as may be required
due to increases since April 1, 2007, in construction costs,
as indicated by engineering cost indices applicable to the
types of construction or rehabilitation involved.
(B) Authorization of appropriations.--In addition to the
amount made available under subparagraph (A), there is
authorized to be appropriated to the Secretary for deposit in
[[Page H7676]]
the Taos Pueblo Water Development Fund established by section
505(a) $38,000,000, as adjusted by such amounts as may be
required due to increases since April 1, 2007, in
construction costs, as indicated by engineering cost indices
applicable to the types of construction or rehabilitation
involved, for the period of fiscal years 2011 through 2016.
(2) Mutual-benefit projects funding.--
(A) Funding.--
(i) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to provide grants
pursuant to section 507 $16,000,000 for the period of fiscal
years 2011 through 2016.
(ii) Authorization of appropriations.--In addition to the
amount made available under clause (i), there is authorized
to be appropriated to the Secretary to provide grants
pursuant to section 507 $20,000,000 for the period of fiscal
years 2011 through 2016.
(B) Deposit in fund.--The Secretary shall deposit the funds
made available pursuant to subparagraph (A) into a
noninterest-bearing fund, to be known as the ``Taos
Settlement Fund'', to be established in the Treasury of the
United States so that such funds may be made available on the
Enforcement Date as set forth in section 507(a).
(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this title the funds transferred under paragraphs (1)(A) and
(2)(A)(i), without further appropriation, to remain available
until expended.
(d) Authority of Secretary.--The Secretary is authorized to
enter into such agreements and to take such measures as the
Secretary may deem necessary or appropriate to fulfill the
intent of the Settlement Agreement and this title.
(e) Environmental Compliance.--
(1) Effect of execution of settlement agreement.--The
Secretary's execution of the Settlement Agreement shall not
constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Compliance with environmental laws.--In carrying out
this title, the Secretary shall comply with each law of the
Federal Government relating to the protection of the
environment, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(f) Conditions Precedent and Secretarial Finding.--
(1) In general.--Upon the fulfillment of the conditions
precedent described in paragraph (2), the Secretary shall
publish in the Federal Register a statement of finding that
the conditions have been fulfilled.
(2) Conditions.--The conditions precedent referred to in
paragraph (1) are the following:
(A) The President has signed into law the Taos Pueblo
Indian Water Rights Settlement Act.
(B) To the extent that the Settlement Agreement conflicts
with this title, the Settlement Agreement has been revised to
conform with this title.
(C) The Settlement Agreement, so revised, including waivers
and releases pursuant to section 510, has been executed by
the Parties and the Secretary prior to the Parties' motion
for entry of the Partial Final Decree.
(D) Congress has fully appropriated or the Secretary has
provided from other authorized sources all funds made
available under paragraphs (1) and (2) of subsection (c).
(E) The Legislature of the State of New Mexico has fully
appropriated the funds for the State contributions as
specified in the Settlement Agreement, and those funds have
been deposited in appropriate accounts.
(F) The State of New Mexico has enacted legislation that
amends NMSA 1978, section 72-6-3 to state that a water use
due under a water right secured to the Pueblo under the
Settlement Agreement or the Partial Final Decree may be
leased for a term, including all renewals, not to exceed 99
years, provided that this condition shall not be construed to
require that said amendment state that any State law based
water rights acquired by the Pueblo or by the United States
on behalf of the Pueblo may be leased for said term.
(G) A Partial Final Decree that sets forth the water rights
and contract rights to water to which the Pueblo is entitled
under the Settlement Agreement and this title and that
substantially conforms to the Settlement Agreement and
Attachment 5 thereto has been approved by the Court and has
become final and nonappealable.
(g) Enforcement Date.--The Settlement Agreement shall
become enforceable, and the waivers and releases executed
pursuant to section 510 and the limited waiver of sovereign
immunity set forth in section 511(a) shall become effective,
as of the date that the Secretary publishes the notice
required by subsection (f)(1).
(h) Expiration Date.--
(1) In general.--If all of the conditions precedent
described in section (f)(2) have not been fulfilled by March
31, 2017, the Settlement Agreement shall be null and void,
the waivers and releases executed pursuant to section 510 and
the sovereign immunity waivers in section 511(a) shall not
become effective, and any unexpended Federal funds, together
with any income earned thereon, and title to any property
acquired or constructed with expended Federal funds, shall be
returned to the Federal Government, unless otherwise agreed
to by the Parties in writing and approved by Congress.
(2) Exception.--Notwithstanding subsection (h)(1) or any
other provision of law, except as provided in subsection (i),
title to any property acquired or constructed with expended
Federal funds made available under section 505(f) shall be
retained by the Pueblo.
(i) Right to Set-off.--If the conditions precedent
described in subsection (f)(2) have not been fulfilled by
March 31, 2017, and the Settlement Agreement is null and void
under subsection (h)(1)--
(1) the United States shall be entitled to set off any
Federal funds made available under section 505(f) that were
used for purposes other than the purchase of water rights
against any claim of the Pueblo against the United States
described in section 510(b) (but excluding any claim retained
under section 510(c)); and
(2) the Pueblo shall have the option either--
(A) to accept an equitable credit for any water rights
acquired with funds made available under section 505(f)
against any water rights secured for the Pueblo by the
Pueblo, or by the United States on behalf of the Pueblo, in
any litigation or future settlement of the case styled New
Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896-
BB (U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
or
(B) to convey to the United States any water rights
acquired with funds made available under section 505(f).
(j) Extension.--The dates in subsections (h) and (i) and
section 510(e) may be extended if the Parties agree that an
extension is reasonably necessary.
SEC. 510. WAIVERS AND RELEASES OF CLAIMS.
(a) Claims by the Pueblo and the United States.--In return
for recognition of the Pueblo's water rights and other
benefits, including but not limited to the commitments by
non-Pueblo parties, as set forth in the Settlement Agreement
and this title, the Pueblo, on behalf of itself and its
members, and the United States acting in its capacity as
trustee for the Pueblo are authorized to execute a waiver and
release of claims against the parties to New Mexico v. Abeyta
and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.)
and 7939-BB (U.S. D.N.M.) (consolidated) from--
(1) all claims for water rights in the Taos Valley that the
Pueblo, or the United States acting in its capacity as
trustee for the Pueblo, asserted, or could have asserted, in
any proceeding, including but not limited to in New Mexico v.
Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6
D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated), up to and
including the Enforcement Date, except to the extent that
such rights are recognized in the Settlement Agreement or
this title;
(2) all claims for water rights, whether for consumptive or
nonconsumptive use, in the Rio Grande mainstream or its
tributaries that the Pueblo, or the United States acting in
its capacity as trustee for the Pueblo, asserted or could
assert in any water rights adjudication proceedings except
those claims based on Pueblo or United States ownership of
lands or water rights acquired after the Enforcement Date,
provided that nothing in this paragraph shall prevent the
Pueblo or the United States from fully participating in the
inter se phase of any such water rights adjudication
proceedings;
(3) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including but not limited to claims for injury to
lands resulting from such damages, losses, injuries,
interference with, diversion, or taking) in the Rio Grande
mainstream or its tributaries or for lands within the Taos
Valley that accrued at any time up to and including the
Enforcement Date; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the Settlement Agreement.
(b) Claims by the Pueblo Against the United States.--The
Pueblo, on behalf of itself and its members, is authorized to
execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or water of
the Taos Valley that the United States acting in its capacity
as trustee for the Pueblo asserted, or could have asserted,
in any proceeding, including but not limited to in New Mexico
v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB
(U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including but not limited to damages, losses
or injuries to hunting, fishing, gathering, or cultural
rights due to loss of water or water rights, claims relating
to interference with, diversion or taking of water or water
rights, or claims relating to failure to protect, acquire,
replace, or develop water, water rights or water
infrastructure) in the Rio Grande mainstream or its
tributaries or within the Taos Valley that first accrued at
any time up to and including the Enforcement Date;
(3) all claims against the United States, its agencies, or
employees for an accounting of funds appropriated by the Act
of March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931
(46 Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757),
the Act of August 9, 1937 (50 Stat. 564), and the Act of May
9, 1938 (52 Stat. 291), as authorized by the Pueblo Lands Act
of June 7, 1924 (43 Stat. 636), and the Pueblo
[[Page H7677]]
Lands Act of May 31, 1933 (48 Stat. 108), and for breach of
trust relating to funds for water replacement appropriated by
said Acts that first accrued before the date of enactment of
this Act;
(4) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Pueblo's water rights in New Mexico v. Abeyta
and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.)
and 7939-BB (U.S. D.N.M.) (consolidated); and
(5) all claims against the United States, its agencies, or
employees relating to the negotiation, Execution or the
adoption of the Settlement Agreement, exhibits thereto, the
Final Decree, or this title.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
title, the Pueblo on behalf of itself and its members and the
United States acting in its capacity as trustee for the
Pueblo retain--
(1) all claims for enforcement of the Settlement Agreement,
the Final Decree, including the Partial Final Decree, the San
Juan-Chama Project contract between the Pueblo and the United
States, or this title;
(2) all claims against persons other than the Parties to
the Settlement Agreement for damages, losses or injuries to
water rights or claims of interference with, diversion or
taking of water rights (including but not limited to claims
for injury to lands resulting from such damages, losses,
injuries, interference with, diversion, or taking of water
rights) within the Taos Valley arising out of activities
occurring outside the Taos Valley or the Taos Valley Stream
System;
(3) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(4) all rights to use and protect water rights acquired
pursuant to State law, to the extent not inconsistent with
the Partial Final Decree and the Settlement Agreement
(including water rights for the land the Pueblo owns in
Questa, New Mexico);
(5) all claims relating to activities affecting the quality
of water including but not limited to any claims the Pueblo
might have under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) (including but not limited to claims for damages to
natural resources), the Safe Drinking Water Act (42 U.S.C.
300f et seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), and the regulations implementing those
Acts;
(6) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights (including but not limited to hunting, fishing,
gathering, or cultural rights); and
(7) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this title and the Settlement Agreement.
(d) Effect.--Nothing in the Settlement Agreement or this
title--
(1) affects the ability of the United States acting in its
sovereign capacity to take actions authorized by law,
including but not limited to any laws relating to health,
safety, or the environment, including but not limited to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), and the
regulations implementing such Acts;
(2) affects the ability of the United States to take
actions acting in its capacity as trustee for any other
Indian tribe or allottee;
(3) confers jurisdiction on any State court to--
(A) interpret Federal law regarding health, safety, or the
environment or determine the duties of the United States or
other parties pursuant to such Federal law; or
(B) conduct judicial review of Federal agency action; or
(4) waives any claim of a member of the Pueblo in an
individual capacity that does not derive from a right of the
Pueblo.
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) March 31, 2017; or
(B) the Enforcement Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this subsection precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
SEC. 511. INTERPRETATION AND ENFORCEMENT.
(a) Limited Waiver of Sovereign Immunity.--Upon and after
the Enforcement Date, if any Party to the Settlement
Agreement brings an action in any court of competent
jurisdiction over the subject matter relating only and
directly to the interpretation or enforcement of the
Settlement Agreement or this title, and names the United
States or the Pueblo as a party, then the United States, the
Pueblo, or both may be added as a party to any such action,
and any claim by the United States or the Pueblo to sovereign
immunity from the action is waived, but only for the limited
and sole purpose of such interpretation or enforcement, and
no waiver of sovereign immunity is made for any action
against the United States or the Pueblo that seeks money
damages.
(b) Subject Matter Jurisdiction Not Affected.--Nothing in
this title shall be deemed as conferring, restricting,
enlarging, or determining the subject matter jurisdiction of
any court, including the jurisdiction of the court that
enters the Partial Final Decree adjudicating the Pueblo's
water rights.
(c) Regulatory Authority Not Affected.--Nothing in this
title shall be deemed to determine or limit any authority of
the State or the Pueblo to regulate or administer waters or
water rights now or in the future.
SEC. 512. DISCLAIMER.
Nothing in the Settlement Agreement or this title shall be
construed in any way to quantify or otherwise adversely
affect the land and water rights, claims, or entitlements to
water of any other Indian tribe.
SEC. 513. ANTIDEFICIENCY.
The United States shall not be liable for failure to carry
out any obligation or activity authorized to be carried out
under this title (including any such obligation or activity
under the Agreement) if adequate appropriations are not
provided expressly to carry out the purposes of this title by
Congress or there are not enough monies available to carry
out the purposes of this title in the Reclamation Water
Settlements Fund established under section 10501 of Public
Law 111-11 or the ``Emergency Fund for Indian Safety and
Health'' established by section 601(a) of the Tom Lantos and
Henry J. Hyde United States Global Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008
(25 U.S.C. 443c(a)).
TITLE VI--AAMODT LITIGATION SETTLEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Aamodt Litigation
Settlement Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Aamodt case.--The term ``Aamodt Case'' means the civil
action entitled State of New Mexico, ex rel. State Engineer
and United States of America, Pueblo de Nambe, Pueblo de
Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v.
R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).
(2) Acre-feet.--The term ``acre-feet'' means acre-feet of
water per year.
(3) Authority.--The term ``Authority'' means the Pojoaque
Basin Regional Water Authority described in section 9.5 of
the Settlement Agreement or an alternate entity acceptable to
the Pueblos and the County to operate and maintain the
diversion and treatment facilities, certain transmission
pipelines, and other facilities of the Regional Water System.
(4) City.--The term ``City'' means the city of Santa Fe,
New Mexico.
(5) Cost-sharing and system integration agreement.--The
term ``Cost-Sharing and System Integration Agreement'' means
the agreement, dated August 27, 2009, to be executed by the
United States, the State, the Pueblos, the County, and the
City that--
(A) describes the location, capacity, and management
(including the distribution of water to customers) of the
Regional Water System; and
(B) allocates the costs of the Regional Water System with
respect to--
(i) the construction, operation, maintenance, and repair of
the Regional Water System;
(ii) rights-of-way for the Regional Water System; and
(iii) the acquisition of water rights.
(6) County.--The term ``County'' means Santa Fe County, New
Mexico.
(7) County distribution system.--The term ``County
Distribution System'' means the portion of the Regional Water
System that serves water customers on non-Pueblo land in the
Pojoaque Basin.
(8) County water utility.--The term ``County Water
Utility'' means the water utility organized by the County
to--
(A) receive water distributed by the Authority; and
(B) provide the water received under subparagraph (A) to
customers on non-Pueblo land in the Pojoaque Basin.
(9) Engineering report.--The term ``Engineering Report''
means the report entitled ``Pojoaque Regional Water System
Engineering Report'' dated September 2008 and any amendments
thereto, including any modifications which may be required by
section 611(d)(2).
(10) Fund.--The term ``Fund'' means the Aamodt Settlement
Pueblos' Fund established by section 615(a).
(11) Operating agreement.--The term ``Operating Agreement''
means the agreement between the Pueblos and the County
executed under section 612(a).
(12) Operations, maintenance, and replacement costs.--
(A) In general.--The term ``operations, maintenance, and
replacement costs'' means all costs for the operation of the
Regional Water System that are necessary for the safe,
efficient, and continued functioning of the Regional Water
System to produce the benefits described in the Settlement
Agreement.
(B) Exclusion.--The term ``operations, maintenance, and
replacement costs'' does not include construction costs or
costs related to construction design and planning.
(13) Pojoaque basin.--
(A) In general.--The term ``Pojoaque Basin'' means the
geographic area limited by a surface water divide (which can
be drawn on a topographic map), within which area
[[Page H7678]]
rainfall and runoff flow into arroyos, drainages, and named
tributaries that eventually drain to--
(i) the Rio Pojoaque; or
(ii) the 2 unnamed arroyos immediately south; and
(iii) 2 arroyos (including the Arroyo Alamo) that are north
of the confluence of the Rio Pojoaque and the Rio Grande.
(B) Inclusion.--The term ``Pojoaque Basin'' includes the
San Ildefonso Eastern Reservation recognized by section 8 of
Public Law 87-231 (75 Stat. 505).
(14) Pueblo.--The term ``Pueblo'' means each of the pueblos
of Nambe, Pojoaque, San Ildefonso, or Tesuque.
(15) Pueblos.--The term ``Pueblos'' means collectively the
Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
(16) Pueblo land.--The term ``Pueblo land'' means any real
property that is--
(A) held by the United States in trust for a Pueblo within
the Pojoaque Basin;
(B)(i) owned by a Pueblo within the Pojoaque Basin before
the date on which a court approves the Settlement Agreement;
or
(ii) acquired by a Pueblo on or after the date on which a
court approves the Settlement Agreement, if the real property
is located--
(I) within the exterior boundaries of the Pueblo, as
recognized and conformed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V); or
(II) within the exterior boundaries of any territory set
aside for the Pueblo by law, executive order, or court
decree;
(C) owned by a Pueblo or held by the United States in trust
for the benefit of a Pueblo outside the Pojoaque Basin that
is located within the exterior boundaries of the Pueblo as
recognized and confirmed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V); or
(D) within the exterior boundaries of any real property
located outside the Pojoaque Basin set aside for a Pueblo by
law, executive order, or court decree, if the land is within
or contiguous to land held by the United States in trust for
the Pueblo as of January 1, 2005.
(17) Pueblo water facility.--
(A) In general.--The term ``Pueblo Water Facility'' means--
(i) a portion of the Regional Water System that serves only
water customers on Pueblo land; and
(ii) portions of a Pueblo water system in existence on the
date of enactment of this Act that serve water customers on
non-Pueblo land, also in existence on the date of enactment
of this Act, or their successors, that are--
(I) depicted in the final project design, as modified by
the drawings reflecting the completed Regional Water System;
and
(II) described in the Operating Agreement.
(B) Inclusions.--The term ``Pueblo Water Facility''
includes--
(i) the barrier dam and infiltration project on the Rio
Pojoaque described in the Engineering Report; and
(ii) the Tesuque Pueblo infiltration pond described in the
Engineering Report.
(18) Regional water system.--
(A) In general.--The term ``Regional Water System'' means
the Regional Water System described in section 611(a).
(B) Exclusions.--The term ``Regional Water System'' does
not include the County or Pueblo water supply delivered
through the Regional Water System.
(19) San juan-chama project.--The term ``San Juan-Chama
Project'' means the Project authorized by section 8 of the
Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April
11, 1956 (70 Stat. 105).
(20) San juan-chama project act.--The term ``San Juan-Chama
Project Act'' means sections 8 through 18 of the Act of June
13, 1962 (76 Stat. 96, 97).
(21) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(22) Settlement agreement.--The term ``Settlement
Agreement'' means the agreement among the State, the Pueblos,
the United States, the County, and the City dated January 19,
2006, and signed by all of the government parties to the
Settlement Agreement (other than the United States) on May 3,
2006, as amended in conformity with this title.
(23) State.--The term ``State'' means the State of New
Mexico.
Subtitle A--Pojoaque Basin Regional Water System
SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM.
(a) In General.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct a regional water system in accordance with the
Settlement Agreement, to be known as the ``Regional Water
System''--
(1) to divert and distribute water to the Pueblos and to
the County Water Utility, in accordance with the Engineering
Report; and
(2) that consists of--
(A) surface water diversion facilities at San Ildefonso
Pueblo on the Rio Grande; and
(B) any treatment, transmission, storage and distribution
facilities and wellfields for the County Distribution System
and Pueblo Water Facilities that are necessary to supply
4,000 acre-feet of water within the Pojoaque Basin, unless
modified in accordance with subsection (d)(2).
(b) Final Project Design.--The Secretary shall issue a
final project design within 90 days of completion of the
environmental compliance described in section 616 for the
Regional Water System that--
(1) is consistent with the Engineering Report; and
(2) includes a description of any Pueblo Water Facilities.
(c) Acquisition of Land; Water Rights.--
(1) Acquisition of land.--Upon request, and in exchange for
the funding which shall be provided in section 617(c), the
Pueblos shall consent to the grant of such easements and
rights-of-way as may be necessary for the construction of the
Regional Water System at no cost to the Secretary. To the
extent that the State or County own easements or rights-of-
way that may be used for construction of the Regional Water
System, the State or County shall provide that land or
interest in land as necessary for construction at no cost to
the Secretary. The Secretary shall acquire any other land or
interest in land that is necessary for the construction of
the Regional Water System.
(2) Water rights.--The Secretary shall not condemn water
rights for purposes of the Regional Water System.
(d) Conditions for Construction.--
(1) In general.--The Secretary shall not begin construction
of the Regional Water System facilities until the date on
which--
(A) the Secretary executes--
(i) the Settlement Agreement; and
(ii) the Cost-Sharing and System Integration Agreement; and
(B) the State and the County have entered into an agreement
with the Secretary to contribute the non-Federal share of the
costs of the construction in accordance with the Cost-Sharing
and System Integration Agreement.
(2) Modifications to regional water system.--
(A) In general.--The State and the County, in agreement
with the Pueblos, the City, and other signatories to the
Cost-Sharing and System Integration Agreement, may modify the
extent, size, and capacity of the County Distribution System
as set forth in the Cost-Sharing and System Integration
Agreement.
(B) Effect.--A modification under subparagraph (A)--
(i) shall not affect implementation of the Settlement
Agreement so long as the provisions in section 623 are
satisfied; and
(ii) may result in an adjustment of the State and County
cost-share allocation as set forth in the Cost-Sharing and
System Integration Agreement.
(e) Applicable Law.--The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) shall not
apply to the design and construction of the Regional Water
System.
(f) Construction Costs.--
(1) Pueblo water facilities.--
(A) In general.--Except as provided in subparagraph (B),
the expenditures of the Secretary to construct the Pueblo
Water Facilities under this section shall not exceed
$106,400,000.
(B) Exception.--The amount described in subparagraph (A)
shall be increased or decreased, as appropriate, based on
ordinary fluctuations in construction costs since October 1,
2006, as determined using applicable engineering cost
indices.
(2) Costs to pueblo.--The costs incurred by the Secretary
in carrying out activities to construct the Pueblo Water
Facilities under this section shall not be reimbursable to
the United States.
(3) County distribution system.--As a condition of the
Secretary using the funds made available pursuant to section
617(a)(1), the costs of constructing the County Distribution
System shall be a State and local expense pursuant to the
Cost-Sharing and System Integration Agreement.
(g) Initiation of Discussions.--
(1) In general.--If the Secretary determines that the cost
of constructing the Regional Water System exceed the amounts
described in the Cost-Sharing and System Integration
Agreement for construction of the Regional Water System and
would necessitate funds in excess of the amount made
available pursuant to section 617(a)(1), the Secretary shall
initiate negotiations with the parties to the Cost-Sharing
and System Integration Agreement for an agreement regarding
non-Federal contributions to ensure that the Regional Water
System can be completed as required by section 623(e).
(2) Joint responsibilities.--The United States shall not
bear the entire amount of any cost overrun, nor shall the
State be responsible to pay any amounts in addition to the
amounts specified in the Cost-Sharing and System Integration
Agreement.
(h) Conveyance of Regional Water System Facilities.--
(1) In general.--Subject to paragraph (2), on completion of
the construction of the Regional Water System as defined in
section 623(e), the Secretary, in accordance with the
Operating Agreement, shall convey to--
(A) each Pueblo the portion of any Pueblo Water Facility
that is located within the boundaries of the Pueblo,
including any land or interest in land located within the
boundaries of the Pueblo that is acquired by the United
States for the construction of the Pueblo Water Facility;
(B) the County the County Distribution System, including
any land or interest in land acquired by the United States
for the construction of the County Distribution System; and
(C) the Authority any portions of the Regional Water System
that remain after making the conveyances under subparagraphs
(A)
[[Page H7679]]
and (B), including any land or interest in land acquired by
the United States for the construction of the portions of the
Regional Water System.
(2) Conditions for conveyance.--The Secretary shall not
convey any portion of the Regional Water System facilities
under paragraph (1) until the date on which--
(A) construction of the Regional Water System is
substantially complete, as defined in section 623(e); and
(B) the Operating Agreement is executed in accordance with
section 612.
(3) Subsequent conveyance.--On conveyance by the Secretary
under paragraph (1), the Pueblos, the County, and the
Authority shall not reconvey any portion of the Regional
Water System conveyed to the Pueblos, the County, and the
Authority, respectively, unless the reconveyance is
authorized by an Act of Congress enacted after the date of
enactment of this Act.
(4) Interest of the united states.--On conveyance of a
portion of the Regional Water System under paragraph (1), the
United States shall have no further right, title, or interest
in and to the portion of the Regional Water System conveyed.
(5) Additional construction.--On conveyance of a portion of
the Regional Water System under paragraph (1), the Pueblos,
County, or the Authority, as applicable, may, at the expense
of the Pueblos, County, or the Authority, construct any
additional infrastructure that is necessary to fully use the
water delivered by the Regional Water System.
(6) Taxation.--Conveyance of title to any portion of the
Regional Water System, the Pueblo Water Facilities, or the
County Distribution System under paragraph (1) does not waive
or alter any applicable Federal law prohibiting taxation of
such facilities or the underlying land.
(7) Liability.--
(A) In general.--Effective on the date of conveyance of any
land or facility under this section, the United States shall
not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to
the land and facilities conveyed, other than damages caused
by acts of negligence by the United States, or by employees
or agents of the United States, prior to the date of
conveyance.
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(8) Effect.--Nothing in any transfer of ownership provided
or any conveyance thereto as provided in this section shall
extinguish the right of any Pueblo, the County, or the
Regional Water Authority to the continuous use and benefit of
each easement or right of way for the use, operation,
maintenance, repair, and replacement of Pueblo Water
Facilities, the County Distribution System or the Regional
Water System or for wastewater purposes as provided in the
Cost-Sharing and System Integration Agreement.
SEC. 612. OPERATING AGREEMENT.
(a) In General.--The Pueblos and the County shall submit to
the Secretary an executed Operating Agreement for the
Regional Water System that is consistent with this title, the
Settlement Agreement, and the Cost-Sharing and System
Integration Agreement not later than 180 days after the later
of--
(1) the date of completion of environmental compliance and
permitting; or
(2) the date of issuance of a final project design for the
Regional Water System under section 611(b).
(b) Approval.--The Secretary shall approve or disapprove
the Operating Agreement within a reasonable period of time
after the Pueblos and the County submit the Operating
Agreement described in subsection (a) and upon making a
determination that the Operating Agreement is consistent with
this title, the Settlement Agreement, and the Cost-Sharing
and System Integration Agreement.
(c) Contents.--The Operating Agreement shall include--
(1) provisions consistent with the Settlement Agreement and
the Cost-Sharing and System Integration Agreement and
necessary to implement the intended benefits of the Regional
Water System described in those documents;
(2) provisions for--
(A) the distribution of water conveyed through the Regional
Water System, including a delineation of--
(i) distribution lines for the County Distribution System;
(ii) distribution lines for the Pueblo Water Facilities;
and
(iii) distribution lines that serve both--
(I) the County Distribution System; and
(II) the Pueblo Water Facilities;
(B) the allocation of the Regional Water System capacity;
(C) the terms of use of unused water capacity in the
Regional Water System;
(D) terms of interim use of County unused capacity, in
accordance with section 614(d);
(E) the construction of additional infrastructure and the
acquisition of associated rights-of-way or easements
necessary to enable any of the Pueblos or the County to fully
use water allocated to the Pueblos or the County from the
Regional Water System, including provisions addressing when
the construction of such additional infrastructure requires
approval by the Authority;
(F) the allocation and payment of annual operation,
maintenance, and replacement costs for the Regional Water
System, including the portions of the Regional Water System
that are used to treat, transmit, and distribute water to
both the Pueblo Water Facilities and the County Water
Utility;
(G) the operation of wellfields located on Pueblo land;
(H) the transfer of any water rights necessary to provide
the Pueblo water supply described in section 613(a);
(I) the operation of the Regional Water System with respect
to the water supply, including the allocation of the water
supply in accordance with section 3.1.8.4.2 of the Settlement
Agreement so that, in the event of a shortage of supply to
the Regional Water System, the supply to each of the Pueblos'
and to the County's distribution system shall be reduced on a
pro rata basis, in proportion to each distribution system's
most current annual use; and
(J) dispute resolution; and
(3) provisions for operating and maintaining the Regional
Water System facilities before and after conveyance under
section 611(h), including provisions to--
(A) ensure that--
(i) the operation of, and the diversion and conveyance of
water by, the Regional Water System is in accordance with the
Settlement Agreement;
(ii) the wells in the Regional Water System are used in
conjunction with the surface water supply of the Regional
Water System to ensure a reliable firm supply of water to all
users of the Regional Water System, consistent with the
intent of the Settlement Agreement that surface supplies will
be used to the maximum extent feasible;
(iii) the respective obligations regarding delivery,
payment, operation, and management are enforceable; and
(iv) the County has the right to serve any new water users
located on non-Pueblo land in the Pojoaque Basin; and
(B) allow for any aquifer storage and recovery projects
that are approved by the Office of the New Mexico State
Engineer.
(d) Effect.--Nothing in this title precludes the Operating
Agreement from authorizing phased or interim operations if
the Regional Water System is constructed in phases.
SEC. 613. ACQUISITION OF PUEBLO WATER SUPPLY FOR REGIONAL
WATER SYSTEM.
(a) In General.--For the purpose of providing a reliable
firm supply of water from the Regional Water System for the
Pueblos in accordance with the Settlement Agreement, the
Secretary, on behalf of the Pueblos, shall--
(1) acquire water rights to--
(A) 302 acre-feet of Nambe reserved water described in
section 2.6.2 of the Settlement Agreement; and
(B) 1141 acre-feet from water acquired by the County for
water rights commonly referred to as ``Top of the World''
rights in the Aamodt Case;
(2) enter into a contract with the Pueblos for 1,079 acre-
feet in accordance with section 11 of the San Juan-Chama
Project Act; and
(3) by application to the State Engineer, seek approval to
divert the water acquired and made available under paragraphs
(1) and (2) at the points of diversion for the Regional Water
System, consistent with the Settlement Agreement and the
Cost-Sharing and System Integration Agreement.
(b) Forfeiture.--The nonuse of the water supply secured by
the Secretary for the Pueblos under subsection (a) shall in
no event result in forfeiture, abandonment, relinquishment,
or other loss thereof.
(c) Trust.--The Pueblo water rights secured under
subsection (a) shall be held by the United States in trust
for the Pueblos.
(d) Applicable Law.--The water supply made available
pursuant to subsection (a)(2) shall be subject to the San
Juan-Chama Project Act, and no preference shall be provided
to the Pueblos as a result of subsection (c) with regard to
the delivery or distribution of San Juan-Chama Project water
or the management or operation of the San Juan-Chama Project.
(e) Contract for San Juan-Chama Project Water Supply.--With
respect to the contract for the water supply required by
subsection (a)(2), such San Juan-Chama Project contract shall
be pursuant to the following terms:
(1) Waivers.--Notwithstanding the provisions of the San
Juan-Chama Project Act, or any other provision of law--
(A) the Secretary shall waive the entirety of the Pueblos'
share of the construction costs for the San Juan-Chama
Project, and pursuant to that waiver, the Pueblos' share of
all construction costs for the San Juan-Chama Project,
inclusive of both principal and interest, due from 1972 to
the execution of the contract required by subsection (a)(2),
shall be nonreimbursable;
(B) the Secretary's waiver of each Pueblo's share of the
construction costs for the San Juan-Chama Project will not
result in an increase in the pro rata shares of other San
Juan-Chama Project water contractors, but such costs shall be
absorbed by the United States Treasury or otherwise
appropriated to the Department of the Interior; and
(C) the construction costs associated with any water made
available from the San Juan-Chama Project which were
determined nonreimbursable and nonreturnable pursuant to
Public Law No. 88-293, 78 Stat. 171 (March 26, 1964), shall
remain nonreimbursable and nonreturnable.
(2) Termination.--The contract shall provide that it shall
terminate only on--
[[Page H7680]]
(A) failure of the United States District Court for the
District of New Mexico to enter a final decree for the Aamodt
Case by the expiration date described in section 623(b), or
within the time period of any extension of that deadline
granted by the court; or
(B) entry of an order by the United States District Court
for the District of New Mexico voiding the final decree and
Settlement Agreement for the Aamodt Case pursuant to section
10.3 of the Settlement Agreement.
(f) Limitation.--The Secretary shall use the water supply
secured under subsection (a) only for the purposes described
in the Settlement Agreement.
(g) Fulfillment of Water Supply Acquisition Obligations.--
Compliance with subsections (a) through (f) shall satisfy any
and all obligations of the Secretary to acquire or secure a
water supply for the Pueblos pursuant to the Settlement
Agreement.
(h) Rights of Pueblos in Settlement Agreement Unaffected.--
Notwithstanding the provisions of subsections (a) through
(g), the Pueblos, the County or the Regional Water Authority
may acquire any additional water rights to ensure all parties
to the Settlement Agreement receive the full allocation of
water provided by the Settlement Agreement and nothing in
this title amends or modifies the quantities of water
allocated to the Pueblos thereunder.
SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM
CAPACITY AND WATER.
(a) Allocation of Regional Water System Capacity.--
(1) In general.--The Regional Water System shall have the
capacity to divert from the Rio Grande a quantity of water
sufficient to provide--
(A) up to 4,000 acre-feet of consumptive use of water; and
(B) the requisite peaking capacity described in--
(i) the Engineering Report; and
(ii) the final project design.
(2) Allocation to the pueblos and county water utility.--Of
the capacity described in paragraph (1)--
(A) there shall be allocated to the Pueblos--
(i) sufficient capacity for the conveyance of 2,500 acre-
feet consumptive use; and
(ii) the requisite peaking capacity for the quantity of
water described in clause (i); and
(B) there shall be allocated to the County Water Utility--
(i) sufficient capacity for the conveyance of up to 1,500
acre-feet consumptive use; and
(ii) the requisite peaking capacity for the quantity of
water described in clause (i).
(3) Applicable law.--Water shall be allocated to the
Pueblos and the County Water Utility under this subsection in
accordance with--
(A) this subtitle;
(B) the Settlement Agreement; and
(C) the Operating Agreement.
(b) Delivery of Regional Water System Water.--The Authority
shall deliver water from the Regional Water System--
(1) to the Pueblos water in a quantity sufficient to allow
full consumptive use of up to 2,500 acre-feet per year of
water rights by the Pueblos in accordance with--
(A) the Settlement Agreement;
(B) the Operating Agreement; and
(C) this subtitle; and
(2) to the County water in a quantity sufficient to allow
full consumptive use of up to 1,500 acre-feet per year of
water rights by the County Water Utility in accordance with--
(A) the Settlement Agreement;
(B) the Operating Agreement; and
(C) this subtitle.
(c) Additional Use of Allocation Quantity and Unused
Capacity.--The Regional Water System may be used to--
(1) provide for use of return flow credits to allow for
full consumptive use of the water allocated in the Settlement
Agreement to each of the Pueblos and to the County; and
(2) convey water allocated to one of the Pueblos or the
County Water Utility for the benefit of another Pueblo or the
County Water Utility or allow use of unused capacity by each
other through the Regional Water System in accordance with an
intergovernmental agreement between the Pueblos, or between a
Pueblo and County Water Utility, as applicable, if--
(A) such intergovernmental agreements are consistent with
the Operating Agreement, the Settlement Agreement, and this
title;
(B) capacity is available without reducing water delivery
to any Pueblo or the County Water Utility in accordance with
the Settlement Agreement, unless the County Water Utility or
Pueblo contracts for a reduction in water delivery or
Regional Water System capacity;
(C) the Pueblo or County Water Utility contracting for use
of the unused capacity or water has the right to use the
water under applicable law; and
(D) any agreement for the use of unused capacity or water
provides for payment of the operation, maintenance, and
replacement costs associated with the use of capacity or
water.
(d) Interim Use of County Capacity.--In accordance with
section 9.6.4 of the Settlement Agreement, the County may use
unused capacity and water rights of the County Water Utility
to supply water within the County outside of the Pojoaque
Basin--
(1) on approval by the State and the Authority; and
(2) subject to the issuance of a permit by the New Mexico
State Engineer.
SEC. 615. AAMODT SETTLEMENT PUEBLOS' FUND.
(a) Establishment of the Aamodt Settlement Pueblos' Fund.--
There is established in the Treasury of the United States a
fund, to be known as the ``Aamodt Settlement Pueblos' Fund,''
consisting of--
(1) such amounts as are made available to the Fund under
section 617(c) or other authorized sources; and
(2) any interest earned from investment of amounts in the
Fund under subsection (b).
(b) Management of the Fund.--The Secretary shall manage the
Fund, invest amounts in the Fund, and make amounts available
from the Fund for distribution to the Pueblos in accordance
with--
(1) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(2) this title.
(c) Investment of the Fund.--On the date on which the
waivers become effective as set forth in section 623(d), the
Secretary shall invest amounts in the Fund in accordance
with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(d) Tribal Management Plan.--
(1) In general.--A Pueblo may withdraw all or part of the
Pueblo's portion of the Fund on approval by the Secretary of
a tribal management plan as described in the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(2) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that a Pueblo spend any amounts withdrawn from the
Fund in accordance with the purposes described in section
617(c).
(3) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Fund under an approved tribal management plan are used in
accordance with this subtitle.
(4) Liability.--If a Pueblo or the Pueblos exercise the
right to withdraw amounts from the Fund, neither the
Secretary nor the Secretary of the Treasury shall retain any
liability for the expenditure or investment of the amounts
withdrawn.
(5) Expenditure plan.--
(A) In general.--The Pueblos shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Fund that the Pueblos do not withdraw under
this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts
remaining in the Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this title, the Settlement Agreement, and the
Cost-Sharing and System Integration Agreement.
(D) Annual report.--The Pueblos shall submit to the
Secretary an annual report that describes all expenditures
from the Fund during the year covered by the report.
(6) No per capita payments.--No part of the principal of
the Fund, or the interest or income accruing on the principal
shall be distributed to any member of a Pueblo on a per
capita basis.
(7) Availability of amounts from the fund.--
(A) Approval of settlement agreement.--
(i) In general.--Except as provided in clause (ii), amounts
made available under section 617(c)(1), or from other
authorized sources, shall be available for expenditure or
withdrawal only after the publication of the statement of
findings required by section 623(a)(1).
(ii) Exception.--Notwithstanding clause (i), the amounts
described in that clause may be expended before the date of
publication of the statement of findings under section
623(a)(1) for any activity that is more cost-effective when
implemented in conjunction with the construction of the
Regional Water System, as determined by the Secretary.
(B) Completion of certain portions of regional water
system.--Amounts made available under section 617(c)(1) or
from other authorized sources shall be available for
expenditure or withdrawal only after those portions of the
Regional Water System described in section 1.5.24 of the
Settlement Agreement have been declared substantially
complete by the Secretary.
SEC. 616. ENVIRONMENTAL COMPLIANCE.
(a) In General.--In carrying out this subtitle, the
Secretary shall comply with each law of the Federal
Government relating to the protection of the environment,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(b) National Environmental Policy Act.--Nothing in this
title affects the outcome of any analysis conducted by the
Secretary or any other Federal official under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 617. FUNDING.
(a) Regional Water System.--
[[Page H7681]]
(1) Funding.--
(A) Mandatory appropriation.--Subject to paragraph (5), out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary for
the planning, design, and construction of the Regional Water
System and the conduct of environmental compliance activities
under section 616 an amount not to exceed $56,400,000, as
adjusted under paragraph (4), for the period of fiscal years
2011 through 2016, to remain available until expended.
(B) Authorization of appropriations.--In addition to the
amount made available under subparagraph (A), there is
authorized to be appropriated to the Secretary for the
planning, design, and construction of the Regional Water
System and the conduct of environmental compliance activities
under section 616 $50,000,000, as adjusted under paragraph
(4), for the period of fiscal years 2011 through 2024.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this title the funds transferred under paragraph (1)(A),
without further appropriation, to remain available until
expended.
(3) Priority of funding.--Of the amounts made available
under paragraph (1), the Secretary shall give priority to
funding--
(A) the construction of the San Ildefonso portion of the
Regional Water System, consisting of--
(i) the surface water diversion, treatment, and
transmission facilities at San Ildefonso Pueblo; and
(ii) the San Ildefonso Pueblo portion of the Pueblo Water
Facilities; and
(B) that part of the Regional Water System providing 475
acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the
Settlement Agreement.
(4) Adjustment.--The amounts made available under paragraph
(1) shall be adjusted annually to account for increases in
construction costs since October 1, 2006, as determined using
applicable engineering cost indices.
(5) Limitations.--
(A) In general.--No amounts shall be made available under
paragraph (1) for the construction of the Regional Water
System until the date on which the United States District
Court for the District of New Mexico issues an order
approving the Settlement Agreement.
(B) Record of decision.--No amounts made available under
paragraph (1) shall be expended for construction unless the
record of decision issued by the Secretary after completion
of an environmental impact statement provides for a preferred
alternative that is in substantial compliance with the
proposed Regional Water System, as defined in the Engineering
Report.
(b) Acquisition of Water Rights.--
(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary for the acquisition of the water
rights under section 613(a)(1)(B) $5,400,000.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this title the funds transferred under paragraph (1), without
further appropriation, to remain available until expended.
(c) Aamodt Settlement Pueblos' Fund.--
(1) Funding.--
(A) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary the following
amounts for the period of fiscal years 2011 through 2015:
(i) $15,000,000, as adjusted according to the CPI Urban
Index beginning on October 1, 2006, which shall be allocated
to the Pueblos, in accordance with section 2.7.1 of the
Settlement Agreement, for the rehabilitation, improvement,
operation, maintenance, and replacement of the agricultural
delivery facilities, waste water systems, and other water-
related infrastructure of the applicable Pueblo.
(ii) $5,000,000, as adjusted according to the CPI Urban
Index beginning on January 1, 2011, and any interest on that
amount, which shall be allocated to the Pueblo of Nambe only
for the acquisition land, other real property interests, or
economic development for the Nambe reserved water rights in
accordance with section 613(a)(1)(A).
(B) Authorization of appropriations.--In addition to the
amounts made available under clauses (i) and (ii) of
subparagraph (A), respectively, there are authorized to be
appropriated to the Secretary for the period of fiscal years
2011 through 2024, $37,500,000 to assist the Pueblos in
paying the Pueblos' share of the cost of operating,
maintaining, and replacing the Pueblo Water Facilities and
the Regional Water System.
(2) Operation, maintenance, and replacement costs.--
(A) In general.--Prior to conveyance of the Regional Water
System pursuant to section 611, the Secretary is authorized
to and shall pay any operation, maintenance, and replacement
costs associated with the Pueblo Water Facilities or the
Regional Water System, up to the amount made available under
subparagraph (B).
(B) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out subparagraph
(A) $5,000,000.
(C) Obligation of federal government after completion.--
After the date on which construction of the Regional Water
System is completed and the amounts required to be deposited
in the Aamodt Settlement Pueblos' Fund pursuant to paragraph
(1) have been deposited by the Federal Government--
(i) the Federal Government shall have no obligation to pay
for the operation, maintenance, and replacement costs
associated with the Pueblo Water Facilities or the Regional
Water System; and
(ii) the authorization for the Secretary to expend funds
for the operation, maintenance, and replacement costs of
those systems under subparagraph (A) shall expire.
(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this title the funds transferred under paragraphs (1)(A),
without further appropriation, to remain available until
expended or until the authorization for the Secretary to
expend funds pursuant to paragraph (2) expires.
Subtitle B--Pojoaque Basin Indian Water Rights Settlement
SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.
(a) Approval.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this title, the Settlement Agreement and the
Cost-Sharing and System Integration Agreement (including any
amendments to the Settlement Agreement and the Cost-Sharing
and System Integration Agreement that are executed to make
the Settlement Agreement or the Cost-Sharing and System
Integration Agreement consistent with this title) are
authorized, ratified, and confirmed.
(b) Execution.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this title, the Secretary shall execute the
Settlement Agreement and the Cost-Sharing and System
Integration Agreement (including any amendments that are
necessary to make the Settlement Agreement or the Cost-
Sharing and System Integration Agreement consistent with this
title).
(c) Authorities of the Pueblos.--
(1) In general.--Each of the Pueblos may enter into leases
or contracts to exchange water rights or to forebear
undertaking new or expanded water uses for water rights
recognized in section 2.1 of the Settlement Agreement for use
within the Pojoaque Basin, in accordance with the other
limitations of section 2.1.5 of the Settlement Agreement,
provided that section 2.1.5 is amended accordingly.
(2) Approval by secretary.--Consistent with the Settlement
Agreement, the Secretary shall approve or disapprove a lease
or contract entered into under paragraph (1).
(3) Prohibition on permanent alienation.--No lease or
contract under paragraph (1) shall be for a term exceeding 99
years, nor shall any such lease or contract provide for
permanent alienation of any portion of the water rights made
available to the Pueblos under the Settlement Agreement.
(4) Applicable law.--Section 2116 of the Revised Statutes
(25 U.S.C. 177) shall not apply to any lease or contract
entered into under paragraph (1).
(5) Leasing or marketing of water supply.--The water supply
provided on behalf of the Pueblos pursuant to section
613(a)(1) may only be leased or marketed by any of the
Pueblos pursuant to the intergovernmental agreements
described in section 614(c)(2).
(d) Amendments to Contracts.--The Secretary shall amend the
contracts relating to the Nambe Falls Dam and Reservoir that
are necessary to use water supplied from the Nambe Falls Dam
and Reservoir in accordance with the Settlement Agreement.
SEC. 622. ENVIRONMENTAL COMPLIANCE.
(a) Effect of Execution of Settlement Agreement.--The
execution of the Settlement Agreement under section 611(b)
shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) Compliance With Environmental Laws.--In carrying out
this title, the Secretary shall comply with each law of the
Federal Government relating to the protection of the
environment, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.
(a) Conditions Precedent.--
(1) In general.--Upon the fulfillment of the conditions
precedent described in paragraph (2), the Secretary shall
publish in the Federal Register by September 15, 2017, a
statement of findings that the conditions have been
fulfilled.
(2) Requirements.--The conditions precedent referred to in
paragraph (1) are the conditions that--
(A) to the extent that the Settlement Agreement conflicts
with this subtitle, the Settlement Agreement has been revised
to conform with this subtitle;
(B) the Settlement Agreement, so revised, including waivers
and releases pursuant to section 624, has been executed by
the appropriate parties and the Secretary;
(C) Congress has fully appropriated, or the Secretary has
provided from other authorized sources, all funds authorized
by section 617, with the exception of subsection (a)(1) of
that section;
[[Page H7682]]
(D) the Secretary has acquired and entered into appropriate
contracts for the water rights described in section 613(a);
(E) for purposes of section 613(a), permits have been
issued by the New Mexico State Engineer to the Regional Water
Authority to change the points of diversion to the mainstem
of the Rio Grande for the diversion and consumptive use of at
least 2,381 acre-feet by the Pueblos as part of the water
supply for the Regional Water System, subject to the
conditions that--
(i) the permits shall be free of any condition that
materially adversely affects the ability of the Pueblos or
the Regional Water Authority to divert or use the Pueblo
water supply described in section 613(a), including water
rights acquired in addition to those described in section
613(a), in accordance with section 613(g); and
(ii) the Settlement Agreement shall establish the means to
address any permit conditions to ensure the ability of the
Pueblos to fully divert and consume at least 2,381 acre-feet
as part of the water supply for the Regional Water System,
including defining the conditions that will not constitute a
material adverse affect;
(F) the State has enacted any necessary legislation and
provided any funding that may be required under the
Settlement Agreement;
(G) a partial final decree that sets forth the water rights
and other rights to water to which the Pueblos are entitled
under the Settlement Agreement and this subtitle and that
substantially conforms to the Settlement Agreement has been
approved by the United States District Court for the District
of New Mexico;
(H) a final decree that sets forth the water rights for all
parties to the Aamodt Case and that substantially conforms to
the Settlement Agreement has been approved by the United
States District Court for the District of New Mexico; and
(I) the waivers and releases described in section 624 have
been executed.
(b) Expiration Date.--If all the conditions precedent
described in subsection (a)(2) have not been fulfilled by
September 15, 2017--
(1) the Settlement Agreement shall no longer be effective;
(2) the waivers and releases described in the Settlement
Agreement and section 624 shall not be effective;
(3) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title, together with any interest earned on those funds, any
water rights or contracts to use water, and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this title shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(4) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (3), the United States shall be entitled to set off
any Federal funds appropriated or made available to carry out
the activities authorized by this title that were expended or
withdrawn, together with any interest accrued on those funds,
against any claims against the United States--
(A) relating to water rights in the Pojoaque Basin asserted
by any Pueblo that benefitted from the use of expended or
withdrawn Federal funds; or
(B) in any future settlement of the Aamodt Case.
(c) Enforcement Date.--The Settlement Agreement shall
become enforceable beginning on the date on which the United
States District Court for the District of New Mexico enters a
partial final decree pursuant to subsection (a)(2)(G) and an
Interim Administrative Order consistent with the Settlement
Agreement.
(d) Effectiveness of Waivers.--The waivers and releases
executed pursuant to section 624 shall become effective as of
the date that the Secretary publishes the notice required by
subsection (a)(1).
(e) Requirements for Determination of Substantial
Completion of the Regional Water System.--
(1) Criteria for substantial completion of regional water
system.--Subject to the provisions in section 611(d)
concerning the extent, size, and capacity of the County
Distribution System, the Regional Water System shall be
determined to be substantially completed if the
infrastructure has been constructed capable of--
(A) diverting, treating, transmitting, and distributing a
supply of 2,500 acre-feet of water to the Pueblos; and
(B) diverting, treating, and transmitting the quantity of
water specified in the Engineering Report to the County
Distribution System.
(2) Consultation.--On or after June 30, 2021, at the
request of 1 or more of the Pueblos, the Secretary shall
consult with the Pueblos and confer with the County and the
State on whether the criteria in paragraph (1) for
substantial completion of the Regional Water System have been
met or will be met by June 30, 2024.
(3) Written determination by secretary.--Not earlier than
June 30, 2021, at the request of 1 or more of the Pueblos and
after the consultation required by paragraph (2), the
Secretary shall--
(A) determine whether the Regional Water System has been
substantially completed based on the criteria described in
paragraph (1); and
(B) submit a written notice of the determination under
subparagraph (A) to--
(i) the Pueblos;
(ii) the County; and
(iii) the State.
(4) Right to review.--
(A) In general.--A determination by the Secretary under
paragraph (3)(A) shall be considered to be a final agency
action subject to judicial review by the Decree Court under
sections 701 through 706 of title 5, United States Code.
(B) Failure to make timely determination.--
(i) In general.--If a Pueblo requests a written
determination under paragraph (3) and the Secretary fails to
make such a written determination by the date described in
clause (ii), there shall be a rebuttable presumption that the
failure constitutes agency action unlawfully withheld or
unreasonably delayed under section 706 of title 5, United
States Code.
(ii) Date.--The date referred to in clause (i) is the date
that is the later of--
(I) the date that is 180 days after the date of receipt by
the Secretary of the request by the Pueblo; and
(II) June 30, 2023.
(C) Effect of title.--Nothing in this title gives any
Pueblo or Settlement Party the right to judicial review of a
determination of the Secretary regarding whether the Regional
Water System has been substantially completed except under
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(5) Right to void final decree.--
(A) In general.--Not later than June 30, 2024, on a
determination by the Secretary, after consultation with the
Pueblos, that the Regional Water System is not substantially
complete, 1 or more of the Pueblos, or the United States
acting on behalf of a Pueblo, shall have the right to notify
the Decree Court of the determination.
(B) Effect.--The Final Decree shall have no force or effect
on a finding by the Decree Court that a Pueblo, or the United
States acting on behalf of a Pueblo, has submitted proper
notification under subparagraph (A).
(f) Voiding of Waivers.--If the Final Decree is void under
subsection (e)(5)--
(1) the Settlement Agreement shall no longer be effective;
(2) the waivers and releases executed pursuant to section
624 shall no longer be effective;
(3) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title, together with any interest earned on those funds, any
water rights or contracts to use water, and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this title shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(4) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (3), the United States shall be entitled to set off
any Federal funds appropriated or made available to carry out
the activities authorized by this title that were expended or
withdrawn, together with any interest accrued on those funds,
against any claims against the United States--
(A) relating to water rights in the Pojoaque Basin asserted
by any Pueblo that benefitted from the use of expended or
withdrawn Federal funds; or
(B) in any future settlement of the Aamodt Case.
(g) Extension.--The dates in subsections (a)(1) and (b) may
be extended if the parties to the Cost-Sharing and System
Integration Agreement agree that an extension is reasonably
necessary.
SEC. 624. WAIVERS AND RELEASES OF CLAIMS.
(a) Claims by the Pueblos and the United States.--In return
for recognition of the Pueblos' water rights and other
benefits, including waivers and releases by non-Pueblo
parties, as set forth in the Settlement Agreement and this
title, the Pueblos, on behalf of themselves and their
members, and the United States acting in its capacity as
trustee for the Pueblos are authorized to execute a waiver
and release of--
(1) all claims for water rights in the Pojoaque Basin that
the Pueblos, or the United States acting in its capacity as
trustee for the Pueblos, asserted, or could have asserted, in
any proceeding, including the Aamodt Case, up to and
including the waiver effectiveness date identified in section
623(d), except to the extent that such rights are recognized
in the Settlement Agreement or this title;
(2) all claims for water rights for lands in the Pojoaque
Basin and for rights to use water in the Pojoaque Basin that
the Pueblos, or the United States acting in its capacity as
trustee for the Pueblos, might be able to otherwise assert in
any proceeding not initiated on or before the date of
enactment of this Act, except to the extent that such rights
are recognized in the Settlement Agreement or this title;
(3) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking) for land within the Pojoaque Basin that accrued at
any time up to and including the waiver effectiveness date
identified in section 623(d);
[[Page H7683]]
(4) their defenses in the Aamodt Case to the claims
previously asserted therein by other parties to the
Settlement Agreement;
(5) all pending and future inter se challenges to the
quantification and priority of water rights of non-Pueblo
wells in the Pojoaque Basin, except as provided by section
2.8 of the Settlement Agreement;
(6) all pending and future inter se challenges against
other parties to the Settlement Agreement;
(7) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) attributable to City of Santa Fe pumping
of groundwater that has effects on the ground and surface
water supplies of the Pojoaque Basin, provided that this
waiver shall not be effective by the Pueblo of Tesuque unless
there is a water resources agreement executed between the
Pueblo of Tesuque and the City of Santa Fe; and
(8) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to land resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) attributable to County of Santa Fe
pumping of groundwater that has effects on the ground and
surface water supplies of the Pojoaque Basin.
(b) Claims by the Pueblos Against the United States.--The
Pueblos, on behalf of themselves and their members, are
authorized to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating to claims for water rights in or water of
the Pojoaque Basin or for rights to use water in the Pojoaque
Basin that the United States acting in its capacity as
trustee for the Pueblos asserted, or could have asserted, in
any proceeding, including the Aamodt Case;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including damages, losses or injuries to
hunting, fishing, gathering or cultural rights due to loss of
water or water rights; claims relating to interference with,
diversion or taking of water or water rights; or claims
relating to failure to protect, acquire, replace, or develop
water, water rights or water infrastructure) within the
Pojoaque Basin that first accrued at any time up to and
including the waiver effectiveness date identified in section
623(d);
(3) all claims against the United States, its agencies, or
employees for an accounting of funds appropriated by Acts,
including the Act of December 22, 1927 (45 Stat. 2), the Act
of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930
(46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115),
the Act of March 4, 1931 (46 Stat. 1552), the Act of July 1,
1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat.
1757), the Act of August 9, 1937 (50 Stat. 564), and the Act
of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo
Lands Act of June 7, 1924 (43 Stat. 636), and the Pueblo
Lands Act of May 31, 1933 (48 Stat. 108), and for breach of
Trust relating to funds for water replacement appropriated by
said Acts that first accrued before the date of enactment of
this Act;
(4) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Pueblos' water rights in the Aamodt Case; and
(5) all claims against the United States, its agencies, or
employees relating to the negotiation, Execution or the
adoption of the Settlement Agreement, exhibits thereto, the
Partial Final Decree, the Final Decree, or this title.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
title, the Pueblos on behalf of themselves and their members
and the United States acting in its capacity as trustee for
the Pueblos retain.--
(1) all claims for enforcement of the Settlement Agreement,
the Cost-Sharing and System Integration Agreement, the Final
Decree, including the Partial Final Decree, the San Juan-
Chama Project contract between the Pueblos and the United
States or this title;
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) all rights to use and protect water rights acquired
pursuant to state law to the extent not inconsistent with the
Partial Final Decree, Final Decree, and the Settlement
Agreement;
(4) all claims against persons other than Parties to the
Settlement Agreement for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including claims for injury to lands resulting from
such damages, losses, injuries, interference with, diversion,
or taking of water) within the Pojoaque Basin arising out of
activities occurring outside the Pojoaque Basin;
(5) all claims relating to activities affecting the quality
of water including any claims the Pueblos may have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), and the
regulations implementing those laws;
(6) all claims against the United States relating to
damages, losses, or injuries to land or natural resources not
due to loss of water or water rights (including hunting,
fishing, gathering or cultural rights);
(7) all claims for water rights from water sources outside
the Pojoaque Basin for land outside the Pojoaque Basin owned
by a Pueblo or held by the United States for the benefit of
any of the Pueblos; and
(8) all rights, remedies, privileges, immunities, powers
and claims not specifically waived and released pursuant to
this title or the Settlement Agreement.
(d) Effect.--Nothing in the Settlement Agreement or this
title--
(1) affects the ability of the United States acting in its
sovereign capacity to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.), and the regulations implementing those laws;
(2) affects the ability of the United States to take
actions acting in its capacity as trustee for any other
Indian tribe or allottee; or
(3) confers jurisdiction on any State court to--
(A) interpret Federal law regarding health, safety, or the
environment or determine the duties of the United States or
other parties pursuant to such Federal law; or
(B) conduct judicial review of Federal agency action;
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on June 30, 2021.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
SEC. 625. EFFECT.
Nothing in this title or the Settlement Agreement affects
the land and water rights, claims, or entitlements to water
of any Indian tribe, pueblo, or community other than the
Pueblos.
SEC. 626. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this title
(including any such obligation or activity under the
Settlement Agreement) if adequate appropriations are not
provided expressly by Congress to carry out the purposes of
this title in the Reclamation Water Settlements Fund
established under section 10501 of Public Law 111-11 or the
``Emergency Fund for Indian Safety and Health'' established
by section 601(a) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)).
TITLE VII--RECLAMATION WATER SETTLEMENTS FUND
SEC. 701. MANDATORY APPROPRIATION.
(a) In General.--Notwithstanding any other provision of
law, out of any funds in the Treasury not otherwise
appropriated, for each of fiscal years 2012 through 2014, the
Secretary of the Treasury shall transfer to the Secretary of
the Interior $60,000,000 for deposit in the Reclamation Water
Settlements Fund established in section 10501 of Public Law
111-11.
(b) Receipt and Acceptance.--Starting in fiscal year 2012,
the Secretary of the Interior shall be entitled to receive,
shall accept, and shall use to carry out subtitle B of title
X of Public Law 111-11 the funds transferred under subsection
(a), without further appropriation, to remain available until
expended.
TITLE VIII--GENERAL PROVISIONS
Subtitle A--Unemployment Compensation Program Integrity
SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE
DEBTS.
(a) Unemployment Compensation Debts.--Section 6402(f) of
the Internal Revenue Code of 1986 is amended--
(1) in the heading, by striking ``Resulting From Fraud'';
(2) by striking paragraphs (3) and (8) and redesignating
paragraphs (4) through (7) as paragraphs (3) through (6),
respectively;
(3) in paragraph (3), as so redesignated--
(A) in subparagraph (A), by striking ``by certified mail
with return receipt'';
(B) in subparagraph (B), by striking ``due to fraud'' and
inserting ``is not a covered unemployment compensation
debt'';
(C) in subparagraph (C), by striking ``due to fraud'' and
inserting `` is not a covered unemployment compensation
debt''; and
(4) in paragraph (4), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting ``or the person's failure to report
earnings'' after ``due to fraud''; and
(ii) by striking ``for not more than 10 years''; and
(B) in subparagraph (B)--
(i) by striking ``due to fraud''; and
(ii) by striking ``for not more than 10 years''.
(b) Effective Date.--The amendments made by this section
shall apply to refunds
[[Page H7684]]
payable under section 6402 of the Internal Revenue Code of
1986 on or after the date of the enactment of this Act.
SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF
NEW HIRES.
(a) Addition of Requirement.--Section 453A(b)(1)(A) of the
Social Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by
inserting ``the date services for remuneration were first
performed by the employee,'' after ``of the employee,''.
(b) Conforming Amendment Regarding Reporting Format and
Method.--Section 453A(c) of the Social Security Act (42
U.S.C. 653a(c)) is amended by inserting ``, to the extent
practicable,'' after ``Each report required by subsection (b)
shall''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect 6 months after the
date of the enactment of this Act.
(2) Compliance transition period.--If the Secretary of
Health and Human Services determines that State legislation
(other than legislation appropriating funds) is required in
order for a State plan under part D of title IV of the Social
Security Act to meet the additional requirements imposed by
the amendment made by subsection (a), the plan shall not be
regarded as failing to meet such requirements before the
first day of the second calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the effective date of such amendment. If
the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the
State legislature.
Subtitle B--TANF
SEC. 811. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
(a) In General.--Activities authorized by part A of title
IV and section 1108(b) of the Social Security Act (other than
the Emergency Contingency Fund for State Temporary Assistance
for Needy Families Programs established under subsection (c)
of section 403 of such Act) shall continue through September
30, 2011, in the manner authorized for fiscal year 2010, and
out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority on a
quarterly basis through fiscal year 2011 at the level
provided for such activities for the corresponding quarter of
fiscal year 2010, except that--
(1) in the case of healthy marriage promotion and
responsible fatherhood grants under section 403(a)(2) of such
Act, such grants and payments shall be made in accordance
with the amendments made by subsection (b) of this section;
(2) in the case of supplemental grants under section
403(a)(3) of such Act--
(A) such grants and payments for the period beginning on
October 1, 2010, and ending on December 3, 2010, shall not
exceed the level provided for such grants and payments under
the Continuing Appropriations Act, 2011; and
(B) such grants and payments for the period beginning on
December 4, 2010, and ending on June 30, 2011, shall not
exceed the amount equal to the difference between
$490,000,000 and such sums as are necessary for amounts
obligated under section 403(b) of the Social Security Act on
or after October 1, 2010, and before the date of enactment of
this Act; and
(3) in the case of the Contingency Fund for State Welfare
Programs established under section 403(b) of such Act, grants
and payments may be made in the manner authorized for fiscal
year 2010 through fiscal year 2012, in accordance with the
amendments made by subsection (c) of this section.
(b) Healthy Marriage Promotion and Responsible Fatherhood
Grants.--Section 403(a)(2) of the Social Security Act (42
U.S.C. 603(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and (C)'' and inserting
``, (C), and (E)'';
(B) in clause (ii), in the matter preceding subclause (I),
by inserting ``(or, in the case of an entity seeking funding
to carry out healthy marriage promotion activities and
activities promoting responsible fatherhood, a combined
application that contains assurances that the entity will
carry out such activities under separate programs and shall
not combine any funds awarded to carry out either such
activities)'' after ``an application''; and
(C) in clause (iii), by striking subclause (III) and
inserting the following:
``(III) Marriage education, marriage skills, and
relationship skills programs, that may include parenting
skills, financial management, conflict resolution, and job
and career advancement.'';
(2) in subparagraph (C)(i), by striking ``$50,000,000'' and
inserting ``$75,000,000'';
(3) by striking subparagraph (D) and inserting the
following:
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal year 2011 for expenditure in
accordance with this paragraph--
``(i) $75,000,000 for awarding funds for the purpose of
carrying out healthy marriage promotion activities; and
``(ii) $75,000,000 for awarding funds for the purpose of
carrying out activities promoting responsible fatherhood.
If the Secretary makes an award under subparagraph (B)(i) for
fiscal year 2011, the funds for such award shall be taken in
equal portion from the amounts appropriated under clauses (i)
and (ii).''; and
(4) by adding at the end the following:
``(E) Preference.--In awarding funds under this paragraph
for fiscal year 2011, the Secretary shall give preference to
entities that were awarded funds under this paragraph for any
prior fiscal year and that have demonstrated the ability to
successfully carry out the programs funded under this
paragraph.''.
(c) Contingency Fund.--Section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)), as amended by section
131(b)(2)(A) of the Continuing Appropriations Act, 2011, is
amended--
(1) by striking ``$506,000,000'' and inserting ``such sums
as are necessary for amounts obligated on or after October 1,
2010, and before the date of enactment of the Claims
Resolution Act of 2010,''; and
(2) by striking ``, reduced'' and all that follows up to
the period.
(d) Conforming Amendments.--Section 403(a)(3) of the Social
Security Act (42 U.S.C. 603(a)(3)), as amended by section
131(b)(1) of the Continuing Appropriations Act, 2011, is
amended--
(1) in subparagraph (F)--
(A) by inserting ``(or portion of a fiscal year)'' after
``a fiscal year''; and
(B) by inserting ``(or portion of the fiscal year)'' after
``the fiscal year'' each place it appears; and
(2) by striking clause (ii) of subparagraph (H) and
inserting the following:
``(ii) subparagraph (G) shall be applied as if `fiscal year
2011' were substituted for `fiscal year 2001';''.
SEC. 812. MODIFICATIONS TO TANF DATA REPORTING.
(a) In General.--Section 411 of the Social Security Act (42
U.S.C. 611) is amended by adding at the end the following new
subsection:
``(c) Pre-reauthorization State-by-state Reports on
Engagement in Additional Work Activities and Expenditures for
Other Benefits and Services.--
``(1) State reporting requirements.--
``(A) Reporting periods and deadlines.--Each eligible State
shall submit to the Secretary the following reports:
``(i) March 2011 report.--Not later than May 31, 2011, a
report for the period that begins on March 1, 2011, and ends
on March 31, 2011, that contains the information specified in
subparagraphs (B) and (C).
``(ii) April-june, 2011 report.--Not later than August 31,
2011, a report for the period that begins on April 1, 2011,
and ends on June 30, 2011, that contains with respect to the
3 months that occur during that period--
``(I) the average monthly numbers for the information
specified in subparagraph (B); and
``(II) the information specified in subparagraph (C).
``(B) Engagement in additional work activities.--
``(i) With respect to each work-eligible individual in a
family receiving assistance during a reporting period
specified in subparagraph (A), whether the individual engages
in any activities directed toward attaining self-sufficiency
during a month occurring in a reporting period, and if so,
the specific activities--
``(I) that do not qualify as a work activity under section
407(d) but that are otherwise reasonably calculated to help
the family move toward self-sufficiency; or
``(II) that are of a type that would be counted toward the
State participation rates under section 407 but for the fact
that--
``(aa) the work-eligible individual did not engage in
sufficient hours of the activity;
``(bb) the work-eligible individual has reached the maximum
time limit allowed for having participation in the activity
counted toward the State's work participation rate; or
``(cc) the number of work-eligible individuals engaged in
such activity exceeds a limitation under such section.
``(ii) Any other information that the Secretary determines
appropriate with respect to the information required under
clause (i), including if the individual has no hours of
participation, the principal reason or reasons for such non-
participation.
``(C) Expenditures on other benefits and services.--
``(i) Detailed, disaggregated information regarding the
types of, and amounts of, expenditures made by the State
during a reporting period specified in subparagraph (A)
using--
``(I) Federal funds provided under section 403 that are (or
will be) reported by the State on Form ACF-196 (or any
successor form) under the category of other expenditures or
the category of benefits or services provided in accordance
with the authority provided under section 404(a)(2); or
``(II) State funds expended to meet the requirements of
section 409(a)(7) and reported by the State in the category
of other expenditures on Form ACF-196 (or any successor
form).
``(ii) Any other information that the Secretary determines
appropriate with respect to the information required under
clause (i).
``(2) Publication of summary and analysis of engagement in
additional activities.--Concurrent with the submission of
each report required under paragraph (1)(A),
[[Page H7685]]
an eligible State shall publish on an Internet website
maintained by the State agency responsible for administering
the State program funded under this part (or such State-
maintained website as the Secretary may approve)--
``(A) a summary of the information submitted in the report:
``(B) an analysis statement regarding the extent to which
the information changes measures of total engagement in work
activities from what was (or will be) reported by the State
in the quarterly report submitted under subsection (a) for
the comparable period; and
``(C) a narrative describing the most common activities
contained in the report that are not countable toward the
State participation rates under section 407.
``(3) Application of authority to use sampling.--
Subparagraph (B) of subsection (a)(1) shall apply to the
reports required under paragraph (1) of this subsection in
the same manner as subparagraph (B) of subsection (a)(1)
applies to reports required under subparagraph (A) of
subsection (a)(1).
``(4) Secretarial reports to congress.--
``(A) March 2011 report.--Not later than June 30, 2011, the
Secretary shall submit to Congress a report on the
information submitted by eligible States for the March 2011
reporting period under paragraph (1)(A)(i). The report shall
include a State-by-State summary and analysis of such
information, identification of any States with missing or
incomplete reports, and recommendations for such
administrative or legislative changes as the Secretary
determines are necessary to require eligible States to report
the information on a recurring basis.
``(B) April-june, 2011 report.--Not later than September
30, 2011, the Secretary shall submit to Congress a report on
the information submitted by eligible States for the April-
June 2011 reporting period under paragraph (1)(A)(ii). The
report shall include a State-by-State summary and analysis of
such information, identification of any States with missing
or incomplete reports, and recommendations for such
administrative or legislative changes as the Secretary
determines are necessary to require eligible States to report
the information on a recurring basis
``(5) Authority for expeditious implementation.--The
requirements of chapter 5 of title 5, United States Code
(commonly referred to as the `Administrative Procedure Act')
or any other law relating to rulemaking or publication in the
Federal Register shall not apply to the issuance of guidance
or instructions by the Secretary with respect to the
implementation of this subsection to the extent the Secretary
determines that compliance with any such requirement would
impede the expeditious implementation of this subsection.''.
(b) Application of Penalty for Failure To File Report.--
(1) In general.--Section 409(a)(2) of such Act (42 U.S.C.
609(a)(2)) is amended--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively,
(B) by inserting before clause (i) (as redesignated by
paragraph (1)), the following:
``(A) Quarterly reports.--'';
(C) in clause (ii) of subparagraph (A) (as redesignated by
paragraphs (1) and (2)), by striking ``subparagraph (A)'' and
inserting ``clause (i)''; and
(D) by adding at the end the following:
``(B) Report on engagement in additional work activities
and expenditures for other benefits and services.--
``(i) In general.--If the Secretary determines that a State
has not submitted the report required by section
411(c)(1)(A)(i) by May 31, 2011, or the report required by
section 411(c)(1)(A)(ii) by August 31, 2011, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to not more than 4 percent of the State family
assistance grant.
``(ii) Rescission of penalty.--The Secretary shall rescind
a penalty imposed on a State under clause (i) with respect to
a report required by section 411(c)(1)(A) if the State
submits the report not later than--
``(I) in the case of the report required under section
411(c)(1)(A)(i), June 15, 2011; and
``(II) in the case of the report required under section
411(c)(1)(A)(ii), September 15, 2011.
``(iii) Penalty based on severity of failure.--The
Secretary shall impose a reduction under clause (i) with
respect to a fiscal year based on the degree of
noncompliance.''.
(2) Application of reasonable cause exception.--Section
409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by
inserting before the period the following: ``and, with
respect to the penalty under paragraph (2)(B) of subsection
(a), shall only apply to the extent the Secretary determines
that the reasonable cause for failure to comply with a
requirement of that paragraph is as a result of a one-time,
unexpected event, such as a widespread data system failure or
a natural or man-made disaster''.
(3) Nonapplication of corrective compliance plan
provisions.--Section 409(c)(4) of such Act (42 U.S.C.
609(c)(4)) is amended by inserting ``(2)(B),'' after
``paragraph''.
Subtitle C--Customs User Fees; Continued Dumping and Subsidy Offset
SEC. 821. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``December 10, 2018''
and inserting ``September 30, 2019''; and
(2) in subparagraph (B)(i), by striking ``November 30,
2018'' and inserting ``September 30, 2019''.
SEC. 822. LIMITATION ON DISTRIBUTIONS RELATING TO REPEAL OF
CONTINUED DUMPING AND SUBSIDY OFFSET.
Notwithstanding section 1701(b) of the Deficit Reduction
Act of 2005 (Public Law 109-171; 120 Stat. 154 (19 U.S.C.
1675c note)) or any other provision of law, no payments shall
be distributed under section 754 of the Tariff Act of 1930,
as in effect on the day before the date of the enactment of
such section 1701, with respect to the entries of any goods
that are, on the date of the enactment of this Act--
(1) unliquidated; and
(2)(A) not in litigation; or
(B) not under an order of liquidation from the Department
of Commerce.
Subtitle D--Emergency Fund for Indian Safety and Health
SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY AND HEALTH.
Section 601 of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/ AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (25 U.S.C. 443c) is
amended--
(1) in subsection (b)(1), by striking ``$2,000,000,000''
and inserting ``$1,602,619,000''; and
(2) in subsection (f)(2)(B), by striking ``50 percent'' and
inserting ``not more than $602,619,000''.
Subtitle E--Rescission of Funds From WIC Program
SEC. 841. RESCISSION OF FUNDS FROM WIC PROGRAM.
Notwithstanding any other provision of law, of the amounts
made available in appropriations Acts to provide grants to
States under the special supplemental nutrition program for
women, infants, and children established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), $562,000,000 is
rescinded.
Subtitle F--Budgetary Effects
SEC. 851. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Amend the title so as to read: This Act may be cited as
``The Claims Resettlement Act of 2010.''.
Motion to Concur
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Rahall moves that the House concur in the Senate
amendments to H.R. 4783.
The SPEAKER pro tempore. Pursuant to House Resolution 1736, the
motion shall be debatable for 1 hour, with 50 minutes equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources and 10 minutes equally divided and
controlled by the chair and ranking minority member of the Committee on
Ways and Means.
The gentleman from West Virginia (Mr. Rahall) and the gentleman from
Washington (Mr. Hastings) each will control 25 minutes. The gentleman
from Michigan (Mr. Levin) and the gentleman from Texas (Mr. Brady) each
will control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the matter under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Madam Speaker, today, we are considering a measure which
will settle over a combined century of litigation. The bill will bring
to closure some shameful acts undertaken by the United States, and it
will allow several communities to move forward in rebuilding their
communities and their trust in the United States.
{time} 1350
With passage of this legislation, Congress will resolve six
outstanding litigation matters consisting of two class action lawsuits
and four water settlements. In addition, the bill includes the initial
installment to fund another water settlement passed earlier this
Congress.
First, claims by individual Indians for a historical accounting and
mismanagement of individual Indian
[[Page H7686]]
money accounts in Cobell vs. Salazar will be resolved. After a century
of mismanagement by the Federal Government, a class action lawsuit was
initiated by individual Indians against the United States seeking
redress for the mismanagement. This bill will provide $1.5 billion to
be distributed to individual Indians and to pay administrative and
attorneys' fees. An additional $1.9 billion will be used to fund a
Trust Land Consolidation Fund so that highly fractionated lands may be
repurchased and consolidated into single tribal ownership again. This
will streamline administration of trust lands. After 14 years of
litigation and several attempts by the parties to settle, the
administration has brought an end to a problem first created by
Congress over 120 years ago.
Second, discrimination claims by African American farmers against the
United States will finally be settled. The settlement resolves claims
by African American farmers who were denied loans based on racial
discrimination.
Third, H.R. 4783 will resolve the water rights claims of seven tribes
and pueblos in the States of Arizona, New Mexico and Montana, bringing
to an end nearly a century of active litigation.
When tribes were moved to reservations, the Nation assumed a legal
obligation that water should be supplied to meet the native people's
needs. This legislation meets the Nation's legal commitments and
provides water certainty to surrounding non-Indian regions, towns and
industries, thereby allowing economies and jobs to continue to grow.
Water in the West is in short supply. After years of negotiating, the
tribes have agreed in these settlements to an amount of water far less
than what they were originally requesting. The tribes, States and local
partners negotiated these water settlements, often in contentious
proceedings, over many years. They are to be commended for sticking
with the process and working together to find a mutually agreed upon
solution.
Finally, H.R. 4783 would provide initial funding to the Reclamation
Water Settlement Fund passed earlier this Congress. The settlement fund
provides financial support that will be used to develop water supplies
for the reservation. Many Navajo people today continue to haul water to
meet their daily needs. It is time to provide this basic human right.
I am proud to say that we have been able to resolve these
longstanding litigation matters without adding to the Federal deficit.
The entire bill, with an estimated cost of approximately $5.4 billion,
is fully paid for.
In closing, I think it is important to note that the House has
already passed most of the various components of the bill before us
today in this Congress, some even twice. This legislation has received
the administration's full support.
Although the Crow Nation water settlement has not yet passed in the
House of Representatives, the Water and Power Subcommittee has held a
hearing on this measure. All concerns by the administration have been
addressed and resolved. As a result, I support inclusion of the Crow
Nation water settlement in this legislation. The Senate has finally
acted. It is time that we do our part one last time and send this
measure to the President.
Madam Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, the process by which Congress conducts the American
people's business matters. For a long time, Beltway insiders claimed
that Americans don't care about process. It was a self-comforting
excuse to conduct business out of the public view and to shut down
debate. However, the message from the voters in November's election was
unmistakable: It's very clear the American people do care about
Congress acting in a transparent, open, and fiscally responsible
manner. Unfortunately, Madam Speaker, not everyone in Congress has
heeded this message, and this is evidenced today by the manner in which
the Democrats are seeking to pass this bill.
When this bill originally passed the House in March, H.R. 4783 was
aimed at addressing income tax benefits to charitable contributions for
the relief of victims of disasters in Haiti and Chile. Two weeks ago,
this bill emerged in the Senate and looked completely different. The
Senate secretly rewrote the bill behind closed doors to create an over
270-page, $5.78 billion omnibus package of largely Indian settlement
bills. And the House is now slated to debate this package without a
single House Member, Madam Speaker, not one House Member, Republican or
Democrat, having the opportunity to offer an amendment to improve it.
As I have stated several times on the House floor as well as in the
Natural Resources Committee, I believe there is real merit in
responsibly settling legitimate legal claims, especially when a
settlement reduces the potential risk and costs posed to taxpayers by
lengthy, uncertain litigation. It is with this view that I would like
to review two pieces in this omnibus package, the Cobell vs. Salazar
settlement and the settlements of Indian water rights claims with four
tribes.
First, in the Cobell case, I agree that the lawsuit has gone on far
too long and that it is important for individual Indians to be treated
fairly by the Federal Government. Yet, since the proposed terms of the
settlement were first publicly revealed the Congress has been
petitioned by several Indians and respected Indian organizations
expressing real concern with the details of that settlement. It is very
disappointing that these very legitimate concerns by directly affected
Indians are being dismissed by this Congress. In particular, Madam
Speaker, the concerns over the possible payment of over $100 million to
lawyers and the handling of damages claims deserves a response by this
Congress. The Senate bill makes modifications in both areas, but to be
bluntly honest about it, Madam Speaker, the new text is nothing more
than window dressing because it can be completely disregarded by the
judge. To address one of these concerns, I offered an amendment in the
Rules Committee yesterday to cap the Cobell attorney fees at $50
million. The Rules Committee blocked the House from voting on this
simple amendment.
Under this bill, a literal handful of plaintiff attorneys may be paid
over $100 million. This equates to one-third of the amount awarded in
the settlement for the claims actually litigated by these attorneys.
Let me repeat that, Madam Speaker. This equates to one-third of the
amount litigated by these attorneys. This is simply too high. Some have
argued the lawyer fees are just 3 percent of the settlement, but such a
calculation would require proposing to pay lawyers a share of funds
from cases in which they had absolutely no involvement in representing.
It also should be noted that the $50 million cap on fees is not
arbitrary. It reflects an amount plaintiff attorneys indicated they can
live with under their signed agreement with the government.
This legislation should be about fairness to individual Indians, but
those who control Congress right now are bending over backwards to
protect a $100 million payout to a few lawyers. Let's be clear: every
dollar paid to attorneys is a dollar that comes out of the pocket of
individual Indians in this settlement. Congress has an obligation to
ensure that individual Indians, not lawyers, receive the most money
possible, but sadly, in this bill, that is not happening.
In regard to the four Indian water rights settlements included in
this bill, three of these have previously passed the House. At that
time, I expressed my sympathy with such settlements; however, at a time
of record deficit spending and record Federal debt, it is the duty of
Congress to ask questions to ensure that these settlements are in the
best interest of the taxpayers.
Over the past year, Congressman Tom McClintock of California, the
ranking member of the Water and Power Subcommittee, has sent written
inquiries to the Department of Justice asking a basic question, and
that basic question is: ``Do these settlement amounts represent a net
benefit to taxpayers as compared to the consequences and cost of
litigation?'' Very simple question.
{time} 1400
To date, the Justice Department has regrettably not answered these
questions even though they did answer similar questions with respect to
the Cobell settlement. It is for this primary reason that I was
compelled to
[[Page H7687]]
oppose those settlements when they passed the House.
Now there are four such settlements, and the pricetag for them is
$1.23 billion. If Congress is going to spend this much money, it seems
to me there's a duty first to show whether this is a fair deal. Without
answers from the Justice Department, informed decisions cannot be made,
and it is not responsible, in my view, to support this bill.
So for all of these reasons I must recommend to my colleagues that
they oppose this bill until these reasonable questions can be answered
and the clear deficiencies of the settlements are answered.
Madam Speaker, I yield the balance of my time to the gentleman from
California (Mr. McClintock) and I ask unanimous consent that he may
control that time as he sees fit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. With that, I reserve the balance of my
time.
Mr. RAHALL. Madam Speaker, I am honored to yield 5 minutes to the
distinguished majority whip, the gentleman from South Carolina (Mr.
Clyburn).
Mr. CLYBURN. Madam Speaker, I thank my good friend for yielding me
this time.
Madam Speaker, I rise in strong support of H.R. 4783, the Claims
Resolution Act of 2010.
Madam Speaker, today is a great day for our Nation's black farmers
and Native Americans who were discriminated against by their own
government--our government--for years. Thousands of families have
waited for years to receive the settlements awarded to them in two
class action lawsuits that have gone unresolved because of political
gamesmanship.
In this Congress alone, we have twice passed legislation that would
have resolved this issue. Today, the games have come to an end. Today
we will mete out some modicum of justice. After more than a decade,
this bill finally in some significant measure resolves the Pigford v.
Glickman case, a lawsuit which was settled back in 1999. That lawsuit
was filed by African American farmers against the Department of
Agriculture for discriminating against black farmers who applied for
access to loans and other assistance.
The Department of Agriculture has admitted that the discrimination
took place and repeatedly urged this body to compensate those farmers
who were discriminated against. Nothing in the Pigford settlement would
prevent the government from prosecuting fraudulent claims. And this
bill, which is fully paid for, includes strict provisions designed to
ensure that payments are distributed to only deserving claimants.
Mr. Speaker, I want to address two issues--the issues of neutral
adjudicator and performance audits, both of which are found in this
bill and cause me great concern as to whether or not we're setting up a
process by which witch hunts and intimidations will take place.
Now, I want the record to show that these two processes are not found
anywhere else, but they are in this bill. I'm very concerned about that
because I think they could open the door for witch hunts to take place
as to whether or not these farmers are in fact deserving and whether or
not intimidation may take place as to whether or not we will shield
activities on the part of farmers who should be filing claims. I don't
want anybody to be unjustly enriched, but I hope that nobody will be
intimidated by the process.
I used to run the South Carolina Commission for Farm Workers, and I
can tell you that from 1968, when I became director of that agency, I
saw the discrimination taking place not just in farm loans but in
housing loans as well. And the intimidation factor was great among
these rural families that did not feel equipped to fight the process.
We have put these two procedures in this bill. I want the record to
show that we do not put them there for people to be intimidated but
only to provide a process by which the Federal Government can find out
whether or not people are deserving of the service and of the
resolution.
I would hope, Mr. Speaker, that as we carry forth this settlement
that we will not once again visit upon these families the intimidation
factor that so many of them experienced for years now. Now this case
goes back to 1981. But I can tell you that these cases go back for
nearly a century and they ought not be intimidated at this point in the
process.
Mr. BRADY of Texas. Mr. Speaker, I yield myself such time as I may
consume.
I rise today with strong concerns about two provisions in this bill
related to the pay-fors. First, some of the policies in this bill make
sense such as extending welfare programs or better preventing incorrect
unemployment insurance payments. But beyond this, instead of using the
UI and trade-related savings in this bill to reduce our Nation's
staggering deficit or pay for extending unemployment benefits or
promoting job-creating trade, Democrats want to use these savings for
new, unrelated spending. Going on a spending spree now will make the
job of helping the unemployed, promoting job-creating trade, and
balancing the budget next year even harder.
For example, by better preventing and recovering unemployment benefit
overpayments, this bill saves about $3 billion over the next decade.
But at a time of record budget deficits when many States and Federal
unemployment programs are bankrupt and deeply in debt, that money will
not be used to strengthen unemployment insurance programs or even to
pay for a needed extension of these benefits. Instead, this legislation
diverts that money outside of the unemployment insurance system for
unrelated spending. How that makes sense is beyond me.
While we're on the issue of diversion, this bill uses customs user
fees, which are fees associated with the import process and which
typically are used when we are passing trade legislation to benefit
U.S. manufacturers, farmers, ranchers, and workers such as the
miscellaneous trade bill, our preference programs for developing
countries, and trade promotion agreements.
The fact that this bill diverts the fees to offset a nontrade program
limits our ability to pass trade legislation that helps create American
jobs and levels the playing field abroad for our U.S. farmers,
manufacturers, and service companies.
I've grown tired, frankly, Mr. Speaker, of this Congress using the
Ways and Means Committee to support its spending sprees. When we spend
money on a new program, we should offset that with spending cuts, not
by using funds already designated for a pro-growth, pro-job purpose.
With that, Mr. Speaker, I would yield the balance of my time to the
gentleman from California (Mr. McClintock).
The SPEAKER pro tempore (Mr. Cuellar). Without objection, the
gentleman from California will control the time.
There was no objection.
Mr. RAHALL. Mr. Speaker, I am honored to yield 1 minute to our
distinguished majority leader, the gentleman from Maryland, Mr. Steny
Hoyer.
Mr. HOYER. I thank the gentleman for yielding.
I rise in strong support of this legislation. This legislation is
years late in passing. The injustices that it addresses are long term
in being.
Today the House has an opportunity to bring an end to two historic
injustices. We can do so by approving the settlement in the Pigford and
Cobell class action lawsuits, helping to make amends to African
American farmers and more than 300,000 Native Americans.
{time} 1410
Few people in this Nation have been treated as poorly by their Nation
as have African Americans and Native Americans. This was a continuing
injustice that should have been addressed decades ago and, indeed, of
course, should not have happened.
The Pigford settlement concerns a decades-old pattern of racial
discrimination in Department of Agriculture loans to black farmers. For
too long, farmers were denied loans because of their race. Even black
farmers who received loans were paid significantly less than their
white counterparts. In some cases, I am told that the amount of the
loan on paper did not reflect the proceeds that were received. In fact,
the proceeds were far below the face amount of the loan.
[[Page H7688]]
The Cobell settlement concerns mismanagement of Federal trust funds
in which billions of dollars, billions of dollars in fees and royalties
on reservation land were unaccounted for.
This bill can ensure that the individual account holders are properly
paid. Now, I just said that, but unfortunately there are some who we
will never be able to properly pay because they died before this
injustice was righted. This will prevent similar mismanagement,
hopefully, from reoccurring and resolve other outstanding land and
water rights disputes that are deeply concerning to tribal governments.
Above all, passing this bill means living up to our obligation to
those who have deserved better from the Federal Government. These
settlements have been reached in court, and now it is our job to ensure
that the Federal Government lives up to its end of the bargain.
I am glad that this bill funds the Pigford and Cobell settlements
without adding to the deficit, and I am also glad this bill can bring
to a close an unfortunate blemish on the record of this government in
dealing with its people. It closes an unfortunate chapter in our
history.
I urge my colleagues, hopefully unanimously, to pass this piece of
legislation. We did the wrong thing, but all of us acknowledge it is
never too late to do the right thing. So that although this is late,
this legislation is the right thing to do. Let us do it now.
Mr. McCLINTOCK. Mr. Speaker, I yield 1 minute to the gentleman from
Oklahoma (Mr. Lucas), the ranking member of the Agriculture Committee.
Mr. LUCAS. Mr. Speaker, I must rise in opposition to this bill. This
bill includes more than $1 billion to settle the Pigford discrimination
suit against USDA, in addition to the billion dollars we have already
spent. While I want to see a resolution to the settlement, I cannot, in
good conscience, support the process through which we attempted to
address these problems.
The House passed H.R. 4783, a bill intended to encourage charitable
contributions, by voice vote in March. What we have received back from
the Senate instead is a bill that will cost the taxpayers more than $5
billion. By using this procedure, we are unable to offer a motion to
recommit to change the bill. Additionally, we are considering this
legislation under a closed rule, which prevents any Member from
offering an amendment.
We are rushing through consideration of a massive spending bill. The
Senate acted on this 269-page bill 10 days ago, and we are already
bringing it to the floor. Let's slow down and ensure that we consider
this massive bill in a thorough and deliberative process.
Sadly, I must urge my colleagues to vote ``no.''
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. LEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LEVIN. This is a long injustice. And the question has been
raised: Why use moneys within the jurisdiction of Ways and Means and
Finance to support this bill? The answer is very clear. There is no
escape. There is a moral compulsion to act on this legislation. And no
one should hide behind issues of jurisdiction. We have tried to do this
for years. The Finance Committee decided there was a way to finance it.
This is a morally right thing to do period.
The bill also extends the basic TANF program through September 30 of
next year. I greatly regret that the TANF provisions included in this
bill do not include an extension of the TANF Emergency Fund. That fund
has helped unemployed families find work and assisted local economies
in coping with the recession. Roughly 250,000 jobs were created, most
of them in the private sector. Unfortunately, Republican opposition in
the Senate has repeatedly blocked our efforts to extend this program.
This is critical legislation. I urge its support.
I yield the balance of the Ways and Means' time to Mr. McDermott.
The SPEAKER pro tempore. Without objection, the gentleman from
Washington will control the time.
There was no objection.
Mr. McDERMOTT. I yield myself such time as I may consume.
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, I rise in support of the Claims
Resolution Act to remedy past injustices against Native Americans and
African Americans. This bill will provide a resolution to respond to
past mismanagement of tribal lands and to discrimination against
African American farmers by the Department of Agriculture. In short, we
are taking at least a partial step to right old, old, old wrongs.
This legislation also extends, through fiscal year 2011, the basic
Temporary Assistance for Needy Families. That's the TANF program. This
extension of the program is welcome, but it is not enough. This bill
does not include the TANF Emergency Fund, which provided funds to our
States to help needy families and to establish or expand employment
programs for jobless Americans. Roughly 250,000 jobs were created by
the program, primarily through private sector employers. The House
passed the extension of these job programs on two separate occasions
earlier this year, but Republicans in the Senate have repeatedly
blocked the extension.
Additionally, the bill before us fails to maintain full funding for
the Child Support Enforcement Program, which means less support will be
ultimately collected and sent to children. The fact that these
important supports are expiring should be a wake-up call to the
American public. Watch the Republicans control this House. They need to
know that Republicans are actively working to shred America's safety
net just when it's needed most.
In closing, I will support this bill's response to those who suffered
in the past. It is said that justice delayed is justice denied, but
it's better to get it late than never. But I find it regrettable that
this bill does so little to help those who are suffering today. This is
about what went on a long time ago. It is not dealing with what's
happening today.
I urge the support of this act. We will be back on unemployment
insurance and the other issues that need to be dealt with in the near
future.
I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole).
Mr. COLE. I thank the gentleman for yielding.
Mr. Speaker, America is a great and a good country, but sometimes in
its past it's made great and lamentable mistakes. H.R. 4783 offers this
Congress the opportunity to correct some of the worst mistakes that we
made in the course of our long and distinguished history.
{time} 1420
There are three parts to this legislation: a component to deal with
African American farmers, and that ought to be passed; a component to
deal with Indian water rights, and that certainly needs to be passed.
Finally, the largest portion of this bill deals with the so-called
Cobell lawsuit.
For those of my colleagues who are not familiar with that suit, it's
a 14-year lawsuit. It involves almost half a million claimants. It
deals with accumulated mistakes and misdeeds of the American Government
from 1887 to the present. We have twice in the course of this lawsuit
had Federal officials held in contempt of court in two different
administrations, one Republican and one Democrat. And, frankly, the
previous administration thought we should settle this bill at between 8
and $11 billion.
So, frankly, this settlement is a bargain for the American taxpayers,
and we are going to hear a lot of arguments against this particular
piece of legislation. Some people will say it costs too much. The
reality is, number one, it's fully paid for. It passed the United
States Senate by unanimous consent, which means some of our colleagues
over there who are famous for being frugal signed off on it.
Second, we ought to think about the cost of not settling it. The
United States Government has spent almost a billion dollars on this
lawsuit in the course of 14 years. If we do not pass this legislation,
we will be in court again. And if the plaintiffs prevail, the costs
could be well beyond what's been negotiated by the administration.
We will hear arguments about process, and to my colleagues, I have
got to ask you, how much process do you
[[Page H7689]]
want when you have been waiting since 1887 to deal with a bill? This
suit has been around 14 years. It's been in this Congress years and
years.
I have been to many hearings about this lawsuit and, frankly, we have
seen it and we have passed it twice in this Congress already. So the
idea that it hasn't been thoroughly vetted, I think, is not true.
Finally, we are going to hear about legal fees. I have got to tell
you if you can get lawyers for 3 cents on the dollar, take the deal.
That is the best legal deal I have ever seen in front of the Congress
of the United States, far below what you would normally expect
contingency fees to be.
The administration, frankly, has done a good job in negotiating this
settlement, bringing it to us. We need to do a good job as well and
pass it enthusiastically and recognize that we are getting a good deal
for the American taxpayer. But much more importantly, we are correcting
historic wrongs that should never have occurred in the first place.
Mr. McDERMOTT. Mr. Speaker, I yield the balance of my time to the
gentleman from West Virginia (Mr. Rahall).
The SPEAKER pro tempore. Without objection, the gentleman from West
Virginia will control the time.
There was no objection.
Mr. RAHALL. Mr. Speaker, may I inquire as to how much time remains on
both sides?
The SPEAKER pro tempore. The gentleman from West Virginia has 16
minutes remaining, and the gentleman from California has 17\1/2\
minutes remaining.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. I thank the gentleman for yielding.
Mr. Speaker, today I rise in strong support of H.R. 4783, the Claims
Resolution Act of 2010. I want to thank Chairman Nick Rahall and
Congressman Tom Cole, my fellow cochair of the Native American Caucus,
for their hard work on this legislation.
In the past, the U.S. Government mismanaged over 300,000 individual
Indian trust accounts, causing unneeded hardship and strain. H.R. 4783
will go a long way towards righting this terrible wrong.
This legislation authorizes and approves the settlement, the 14-year
long Cobell v. Salazar litigation. The settlement agreement provides
for the distribution of $1.5 billion directly to individual Indians and
for the creation of a $1.9 billion fund to purchase highly fractionated
interests in trust lands. It also sets up $60 million for educational
scholarships for Indian children.
This win/win agreement was already passed by the Senate. I urge my
colleagues to vote ``yes'' on H.R. 4783 to turn the page on this sad
chapter of Federal Native American relations.
Mr. McCLINTOCK. Mr. Speaker, I yield 3 minutes to the gentleman from
Iowa (Mr. King).
Mr. KING of Iowa. I thank the gentleman from California for yielding.
Mr. Speaker, I rise in opposition to this bill. It is, I think,
something that even though it's been vetted fairly well, on those that
are paying attention it hasn't been vetted very well by this Congress.
And, from my standpoint, I am one of the people that's actually read
the consent decree from Pigford I. I brought a copy of it to the floor.
It starts out with these words, ``40 acres and a mule.''
Now, we know what that started out to be in the aftermath of the
Civil War, a promise from the Federal Government that there would be 40
acres for African Americans, newly freed slaves, provided by the
Federal Government, by either federally owned land or southern land
that had been confiscated by the Union, and there would be a rented
mule to go along with that, or a loaned mule.
That has been the promise of slavery reparations. Of course, it
didn't come to pass. In a few cases it did, but not many. But in truth
we have here the modern-day version of reparations that are going on.
Pigford I allowed for those who had a legitimate claim of
discrimination to file that claim. Many who didn't have legitimate
claims also filed claims.
What I am seeing, information that comes to me, boxes, stacks of
data, and people have been deployed to administer the first $1.05
billion, and they say to me they are sick to their stomach, they are
heartsick because of all the fraud that they see. And the level, 75
percent, it's a low number. I am hearing numbers into the high
nineties, and still we don't see the data. We don't see the
applications. We don't see how it matches up with Judge Friedman's
opinion here, this decision on the first consent decree, where he says
that it's not $50,000, it's $187,500.
Mr. Speaker, this has become a modern-day reparations component, and
it's wrong. The $50,000 was essentially automatic to whoever applied.
They didn't have to approve discrimination, they just needed a friend
that would sign an affidavit that said that they knew at one time that
they were or wanted to be a farmer and that they may or may not have
spoken to anyone at the USDA, but that they had complained either
verbally or in writing with someone who was either an employee of the
USDA or perhaps they were a Member of Congress or a couple of other
categories.
This issue needs to be examined far more thoroughly. The Shirley
Sherrod case comes into this. Now it's curious that Shirley Sherrod is
the number one recipient in the largest civil rights class action case
in the history of America, Pigford Farms. Shirley Sherrod is the
individual who became so well-known in the media a few months ago when
the Secretary of Agriculture summarily fired her for a little clip of a
speech that she gave before the NAACP.
I don't take issue with the totality of the statement that she made,
Mr. Speaker, but it's curious to me that Shirley Sherrod got the notice
that she, and whoever her partners might have been, were going to
receive $13 million from Pigford Farms, 22nd of July, 2009. The 25th of
July, 2009, Secretary of Agriculture Vilsack hired her to be the head
of USDA Rural Development in the State of Georgia.
What does this mean, Mr. Speaker? Well, I don't know the answer to
that yet, but I know this. The tremendous amount of data, 94,000
claims, 18,000 black farmers, 4\1/2\ claimants for every black farmer,
it's got to be fraud. I urge a ``no'' vote.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Mrs. Napolitano), a subcommittee chair and member of the
Committee on Natural Resources who has been intimately and powerfully
involved with these issues over a number of years.
Mrs. NAPOLITANO. Thank you, Mr. Chairman.
Mr. Speaker, I am very happy to rise in strong support and approval
of H.R. 4783.
Title III through VI settle the water rights claims for seven tribes
and pueblos in the States of Arizona, New Mexico and Montana. In the
case of the five New Mexico pueblos, this legislation would end a
combined total of 84 years of protracted, divisive and expensive
litigation.
This litigation is fully paid for, as has been stated repeatedly.
Most of these settlements involve either the rehabilitation of
facilities or the design and construction of much-needed drinking water
systems. Having an offset for the entire cost of this litigation allows
for project construction to start earlier and to stay on schedule, save
money, ultimately saving taxpayers millions of dollars in construction
costs that are subject to inflation increases. In the case of White
Mountain Apache and the Miner Flat Project, it is estimated that these
savings are as much as $7 million annually.
The scarcity of water in the West and a long-running effort to meet
the needs of the tribal communities has required compromise and
development of trust in the process. The tribes have negotiated in good
faith and ultimately have settled for water rights that is far less
than what their initial claims asserted in their litigation against the
United States.
{time} 1430
When this Nation established reservations, we did so with a
commitment to supply the tribes with water. The beauty of these four
settlements is that the tribal, Federal, State, and local stakeholders
all see the benefit as not just for the tribal members but for the
communities and regions as a whole. All four settlements have received
bipartisan support and have been considered and debated by the
[[Page H7690]]
House, whether through a subcommittee hearing or House passage.
Title VII of this legislation provides initial funding to the
Reclamation Water Settlement Fund, established in Public Law 111-11
dated 3/30/09. The initial funding will go toward design, planning, and
construction of the Navajo-Gallup Water Supply Project. This project
will bring water to the Navajo Nation and their non-Indian neighbors.
It is time that we in the United States and this Congress provide the
infrastructure for these people so they don't have to wait for a water
truck to navigate the unmaintained roads to deliver water to the
residences. Water is a basic human right and should be provided to all
of our citizens. It is time the U.S. Congress stepped up to our
commitment. None of us would want to have this situation in our
districts.
I would like to commend all of the parties involved in the
negotiation of these settlements, from the tribes and the pueblos,
their nontribal neighbors, and the local and State entities that have
spent countless hours in bringing water certainty to their communities.
We would also like to commend the administration in their rededication
to the Indian water settlement negotiation process, and our respective
staffs. It is to the administration's credit that we have in front of
us four settlements that we can fully support.
It is time that we give the settlements their full support and
provide water certainty, and more importantly, a water future for our
tribes and their neighbors.
Mr. McCLINTOCK. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Minnesota (Mrs. Bachmann).
Mrs. BACHMANN. Mr. Speaker, I thank my distinguished colleague from
California for yielding.
To me, one of the most obvious problems with this bill that we are
being called upon to verify today and to vote for is simply a numbers
problem. If we are looking at this Pigford claim whereby we have black
farmers who are stating that they are discriminated against, we had
approximately 14,500 claims that were paid out in the first Pigford I
class action lawsuit. But now what's very interesting is that the black
farmers themselves are saying we are looking at a potential universe of
about 18,000 black farmers. The period in question when the United
States Department of Agriculture is alleged to have discriminated
against black farmers is between 1981 and 1997. Between that 16-year
period, according to the numbers that people agree on, there is a
universe of about 18,000 black farmers. Well, in the Pigford I
settlement, 14,500 black farmers received claims. What this means then
is we would have to presume that nearly every black farmer in the
United States applied for a loan from the USDA. Then we would have to
presume that every black farmer qualified for receiving that loan from
the USDA. Then we would have to presume that every black farmer who
applied who qualified was turned down for a loan, and then finally we
would have to presume that every black farmer in the United States was
also discriminated against, and that's why they were turned down.
So it wouldn't just be one office of the USDA. This would be rampant
discrimination all over the country. What's unbelievable is that in the
face of this alleged gross discrimination by which the taxpayers of
this country have already paid out $1 billion in payments, not one USDA
employee in the country has been fired for discrimination. Not one
employee has even been suspended or reprimanded or fined. How could
this be?
And now in the Pigford II settlement, which isn't even a lawsuit,
which is something that Attorney General Eric Holder and the Ag
Secretary Tom Vilsack came together and just came up with an idea that
they would have a second settlement because apparently there were even
more claimants that wanted to receive money, now we have a universe
that will be paid out in this settlement today of 94,000 claimants.
How in the world, Mr. Speaker, can you have 94,000 claimants in
addition to the previous 14,500 claimants if there were originally only
18,000 black farmers in the country? This is a simple math problem.
That's why we're saying before one more dime goes out of the U.S.
Treasury for a claim, we have to investigate before the checks go out
to claimants, not after. We aren't even talking about subsequent
investigations.
This is an outrage and one vote that no Member of this Congress
should vote for. This will be an albatross around the neck of any
Member of Congress that votes to fund this obviously fraudulent claim.
I urge my colleagues to consider what the Claims Settlement Act truly
represents before voting on the bill. This legislation includes over a
billion dollars to settle the Pigford discrimination claims of black
farmers alleged against the United States Department of Agriculture.
Unfortunately, Pigford is rife with fraudulent claims and to settle
before an investigation can take place does the American taxpayer a
disservice.
Why has Eric Holder not investigated these allegations of fraud? Why
has no one at the USDA been fired over this?
As a consistent fighter against out-of-control government spending, I
cannot stand idly by as I see the United States taxpayer put on the
hook for even a dime to Pigford. It's time for Congress to fully
investigate the Pigford claims because the numbers just don't add up.
By the National Black Farmers Association's own data, only 18,000
black farmers exist in the United States, but under Pigford II 94,000
claims of racial discrimination have been filed thus far.
Justice should be served to those who experienced discrimination, but
settlement funds should only go to those wronged.
Mr. RAHALL. Mr. Speaker, our Committee on the Judiciary has been very
instrumental in the drafting of this legislation, especially in regard
to the paid-for section.
I yield 6 minutes to the distinguished chairman of that committee,
the gentleman from Michigan, Mr. John Conyers, and I ask unanimous
consent that he control that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. CONYERS. I want to let the gentlelady from Minnesota know that I
would like to work with her on getting these numbers straightened out
because there were some erroneous conceptions involved here.
I would like to begin by recognizing the chairman of the Subcommittee
on Crime in the Judiciary Committee for 1\1/2\ minutes, my dear friend,
Bobby Scott.
Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of H.R. 4783,
with particular reference to the Pigford late filer claims provision,
regarding claims of widespread, rampant racial discrimination by the
Department of Agriculture against black farmers.
Mr. Speaker, we have heard about the 18,000 farms, the 18,000, many
more than 18,000 farmers, former farmers, many of them lost their farms
and others tried, and they were too subjected to racial discrimination.
But in 1999 the court ruled that black farmers who farmed between 1981
and 1996 and who had filed a complaint against the department by July
1, 1997, were eligible to seek monetary compensation from the
government if they could prove their case. Unfortunately, tens of
thousands of black farmers complained that they were not made aware of
the July 1997 cutoff date.
To provide relief to those farmers left out of the original action,
Congress authorized a cause of action for those late filers who were
denied a determination on the merits of their discrimination claims,
and those claims have now been settled, conditioned upon congressional
appropriation of $1.15 billion.
This bill provides the funding for the resolution of the longstanding
claims for those who can prove it. This settlement is long overdue, and
I hope my colleagues will approve this matter, as we have twice before,
to bring this longstanding matter to a close.
Mr. Speaker, finally, I would like to thank my fellow Virginian, John
Boyd, the president of the National Black Farmers Association for his
hard work over many years on behalf of black farmers.
{time} 1440
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
I am a little dismayed that we come back after this recess and after
a struggle that has gone on for generations, and we come here, and of
all my colleagues on the other side of the aisle, I am stunned that
only one person rises in support of a claim that is so gross,
[[Page H7691]]
so discriminatory, and I was glad that the gentlelady raised the
question of why nobody was ever fired or punished or discharged. That
is how deep and pervasive this problem has been over the centuries in
this country. That is why nobody was punished. That is why it makes it
all the more important that we, if we can, get as bipartisan a vote
from everybody in this House on this matter.
Chairman Bobby Scott mentioned John Boyd of the National Black
Farmers Association. He is sitting up in the gallery right now. I want
you to know that he came to me in the spring of 1983. That was 27 years
ago, and we have been working on this matter ever since. All across the
South--we even had problems, we found out, in the North. It wasn't just
the South, but the South was obviously the most pervasive.
So we are talking about something that was written up by Wil Haygood
a number of years ago in The Washington Post, on October 3, 2004, in an
article entitled, ``The Promised Land. Bigotry and bankruptcy haven't
driven Ricky Haynie from the fields his ancestors worked as slaves.''
Now, as much as I appreciate the Secretary of Agriculture for his
work in this, and as much as I appreciate those who are going to
support this measure, I am sorry to say that this matter of fairness to
farmers of color, Hispanics, and women is not yet resolved. And they
are black farmers who, because they were late filers--and how can you
be somewhere out in God knows where, and you are supposed to know when
the filing date for things are. There are over 12,000 African American
farmers that have been excluded from the Pigford settlement merely
because they didn't do it on time. Do you think they have got a lawyer
out there? Of course they don't.
The claims of Latino farmers, late filers, and women farmers are
still not resolved even when we finally pass this measure.
I yield back the balance of my time.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will remind Members not to draw
attention to visitors in the gallery.
Mr. McCLINTOCK. Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, titles III through VI of the bill purport to settle four
water rights claims against the United States by signing away the
public's right to nearly 300 billion gallons of water every year in
perpetuity in addition to spending more than a billion dollars.
Now, the proponents of the bill are correct that if the taxpayers are
going to end up paying more if these claims go to trial, then we should
settle them out of court, but that is simply not the case. For the
better part of a year, I asked for a legal opinion from the Attorney
General on this question to no avail until a day before the issue was
first brought to the House floor. And what we received was not a legal
opinion assessing the validity of the claims or the extent of the
taxpayers' liability; it was a general statement of their preference
for settling claims rather than litigating them, and it is undermined
by very many specific objections raised by the administration over the
course of the last 2 years.
For example, with respect to the White Mountain Apache settlement,
the Department of the Interior wrote on November 15 of this year:
``This authorizes Federal appropriations for numerous tribal projects
that are extraneous to the settlement.'' They urged, ``These projects
should be considered on their own merits in separate authorizing
legislation.''
Last year, it warned that funding would ``be excessive,'' would be
excessive, if it were viewed as settlement consideration. They also
warned, a year ago, of language that is still in the bill which waives
the sovereign immunity of the United States for future litigation. They
warned: ``This provision will engender additional litigation and,
likely, in competing State and Federal forums rather than resolving the
water rights disputes.''
Engender additional litigation, extraneous to the settlement,
excessive if viewed as settlement consideration--these are the
administration's own words. In fact, the administration expressed so
many reservations about aspects of these settlements that we can only
conclude that they are not settlements negotiated by the Attorney
General and presented to the Congress, but, rather, they are a grab bag
written by the Congress itself and now rubber-stamped by the
administration on political and not legal grounds.
We were initially told that the Attorney General never comments on
the validity of claims, but we found this to be false. For example, in
the Cobell case in 1994 when the Attorney General's office believed
that we needed to settle out of court, they said so. They said: ``We
are not well-postured for a victory on this claim.'' They warned: ``The
outcome could easily be a significant cost to the taxpayers and the
public,'' and that is not what they are saying now with respect to
these four settlement claims.
Mr. Speaker, we have many more Indian water settlements pending for
vast quantities of water and substantial sums of money. We need to get
our act together on this. I believe Congress needs to demand that the
administration be candid and forthcoming on all claims for settlement;
and that Congress insist that before it begins deliberating on a
settlement, that the Attorney General has conducted and completed the
negotiations, determined all of the details, certified that the
settlement is within the legal liability of the government, and only
then submits that settlement for consideration by Congress. Anything
less is breaching the fiduciary responsibility that we hold to all of
the people of the United States.
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield for a UC only to the gentleman from
Illinois (Mr. Davis).
(Mr. DAVIS of Illinois asked and was given permission to revise and
extend his remarks.)
Mr. DAVIS of Illinois. Mr. Speaker, I rise in strong support of H.R.
4783, the Claims Resolution Act of 2010.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from New
Mexico (Mr. Heinrich).
Mr. HEINRICH. Mr. Speaker, I rise in strong support of the Claims
Resolution Act, a bill that is the result of many long years of
negotiations. This bill will ratify settlements in two significant New
Mexico water rights cases. The Aamodt and Taos Pueblo Indian water
rights cases have been in Federal court for many decades. These cases
sought to bring justice to Native Pueblos who, like any other Western
community, depend on water as their lifeblood.
After many decades, the Claims Resolution Act will bring much-needed
certainty to the Pueblos of northern New Mexico by restoring their
right to clean, reliable water. Cooperation and collaboration are far
too rare when it comes to managing water resources in the West.
The Aamodt and Taos Pueblo Indian water bills are an example of how
we can manage this precious resource without pitting towns against
farms and farms against tribes. The legislation has bipartisan support
and was passed by the Senate by unanimous consent. I commend President
Obama and Secretary Salazar for upholding our Nation's responsibilities
to Native Americans, and we should finish that work today by ratifying
these settlements.
{time} 1450
Mr. McCLINTOCK. I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield for a unanimous consent only to the
gentleman from Pennsylvania (Mr. Fattah).
(Mr. FATTAH asked and was given permission to revise and extend his
remarks.)
Mr. FATTAH. Mr. Speaker, I rise in support of this settlement and
towards a more perfect union.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Speaker, George Washington said something which I
thought was appropriate to the Cobell settlement. He said, ``The
administration of justice is the firmest pillar of government.'' Today,
that is what we are administering--some justice for the 50,000
individual Native Americans and more than 100 tribes across this
country.
We have known, in no uncertain terms, that there has been an
injustice
[[Page H7692]]
to thousands of these Americans for decades, and we have struggled
mightily to find the right resolution of that, and we have found a
settlement that, in fact, achieves that. The point I want to make about
this is we know how important this has been to Native Americans. We
know of their attachment to the land and of the abuses they have
suffered at the hands of their government.
Conservatives should like the fact that we are forcing a government
that acted inappropriately to pay for the damage it did to their
citizens as this is not just justice for Native Americans. A justice
for any is a justice for all, and justice for Native Americans today is
justice for all Americans. We all ought to feel proud that we are
taking a step forward to make this a more just Nation.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to a valued member of our
Committee on Natural Resources, the gentleman from California (Mr.
Baca).
Mr. BACA. Mr. Speaker, I rise today to voice my strong support for
H.R. 4783.
I want to thank the congressional leadership, Mr. Rahall and the
White House for their commitment to ensure justice for those
individuals and communities we have wronged in the past. The treatment
of minority farmers by the USDA remains a dark stain on our Nation's
history.
When I first came to Congress, I worked extensively on the
Agriculture Committee with our former colleague Eva Clayton to bring
justice to African American, Hispanic, Native American, and female
farmers. We hosted several meetings; wrote letters; and chaired
numerous subcommittee hearings on this very issue to address past
discrimination.
Today, I am pleased to say that we are taking an important step
forward in righting those past wrongs of injustice by this country.
H.R. 4783 provides the additional funding required to settle the
Pigford lawsuit brought by the African American farmers. It also
includes funds to settle the Cobell case and to finally provide justice
to Native American communities whose trust accounts were mishandled by
the government.
Thousands of people have been affected who still bear the wounds of
past discrimination. They have waited too long. This legislation also
includes important measures to settle the water rights claims to many
tribes, including the White Mountain Apache, the Crow Montana, the
Navajo Nation, the Taos Pueblo, and other southwestern Pueblo tribes.
We still have a long road ahead before we bring justice to all groups
discriminated against by the USDA, including Hispanic farmers and
female farmers, but we are moving in the right direction.
Mr. RAHALL. Mr. Speaker, I yield for a UC only to the gentlelady from
Texas, Ms. Sheila Jackson Lee.
(Ms. JACKSON LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise enthusiastically to
support the Pigford-Cobell settlement, and ask that we continue to seek
justice for those who have been denied it.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Barrow).
Mr. BARROW. I thank the chairman for yielding and for his leadership
on this issue.
Mr. Speaker, this country has a proud heritage of African American
farmers who have contributed more than their fair share to our national
economy, but our government has not given them its fair share of
support. It is shameful that many of those farmers have faced
discrimination by their own government. I applaud this effort to
finally right some of those wrongs, and I encourage my colleagues to
support this bill.
However, I feel compelled to make the point that, while this is
progress, it won't be providing relief for everyone who needs it. I
have a constituent who is an original plaintiff in the Pigford suit,
and because of bad lawyering and bad judging, he has never had so much
as a hearing on his discrimination case. This settlement will likely do
him no good.
I hate to think about how many other folks might still be left out of
their rights in this instance. I hope that the passage of this bill
will be the first step toward righting some of those wrongs as well.
Mr. RAHALL. May I have a time check, please, Mr. Speaker?
The SPEAKER pro tempore. The gentleman has 2 minutes remaining.
Mr. RAHALL. I yield 1 minute to the gentlelady from Arizona (Mrs.
Kirkpatrick), a member of our Committee on Natural Resources.
Mrs. KIRKPATRICK of Arizona. Mr. Speaker, I rise in support of the
Claims Resolution Act. This legislation will have an enormous impact on
Indian Country, and it will also help meet our trust obligations to
tribal nations.
Included in this legislation is the White Mountain Apache settlement
that resolves the water rights of the tribe and communities in the
White Mountains of Arizona. Growing up in that area, I remember having
to boil water before using it. That is simply not acceptable in the
21st century. This legislation is critical, and I was proud to have it
be the first bill I introduced.
I want to thank tribal Chairman Lupe, Senator Kyl, Chairman Rahall,
and the other stakeholders involved in this process. It was a
collaboration of many partners and many years. I am proud to see it
passed into law today.
I urge my colleagues to pass the Claims Resolution Act.
The SPEAKER pro tempore. The gentleman from West Virginia has 1
minute remaining. The gentleman from California has 8 minutes
remaining.
The gentleman from West Virginia has the right to close.
Mr. McCLINTOCK. Mr. Speaker, there is no doubt that Americans of
African descent and Native Americans have suffered grave injustices
over the years at the hands of this government, and they deserve
justice--no more and no less; but if we are excessive in our zeal to do
justice to one group, we end up necessarily doing injustice to others.
That is the concern that is raised in this bill.
Legal settlements--and that is what this bill purports to be--should
be settled on legal grounds, but there is serious question, including
serious question, obviously, within the administration in using their
own words, as to whether these settlements are in the interest of
justice or in the interest of all the people of our land.
In one hour of debate, the proponents have not cited one argument--
not one word--on the legal issues of a bill that purports to settle
legal issues, and that ought to tell us a very great deal right there.
That is the problem with this bill, and that is why action should be
deferred on this bill until the Attorney General actually conducts good
faith negotiations on behalf of the people of the United States.
I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, to conclude debate on the majority's side, I
yield all of the remaining time to the gentlelady from California, Ms.
Maxine Waters.
(Ms. WATERS asked and was given permission to revise and extend her
remarks.)
Ms. WATERS. Mr. Speaker and Members, I rise in support of H.R. 4783.
Today, we have the opportunity to right the wrongs perpetrated on
both black farmers and Native Americans in this country. The history of
shameful and, yes, rampant discrimination against black farmers and the
shameful mismanagement of Native Americans' oil, gas and water rights
are being addressed here today. We vote today to settle the Pigford II
Black Farmers case against the USDA and the Cobell case on mishandled
Native American oil and gas claims against Interior and several tribal
water rights claims.
The Black Farmers case against the USDA goes back decades. I was a
member of the Judiciary Committee and the chair of the Congressional
Black Caucus from 1996 to 1998 when we worked with the Clinton
administration, and we were able to waive the statute of limitations so
we could get Pigford I up before us. Yet thousands of black farmers
lost their farms; many are dead, and many of them did not get their
paperwork filed.
{time} 1500
This bill provides $1.15 billion to settle the Black Farmers case and
$3.4 billion to settle the Cobell claims.
Mr. Speaker and Members, institutional racism and discrimination must
be aggressively fought and eliminated.
[[Page H7693]]
I am so proud of John Boyd and all of the Members of this Congress who
have worked so hard, Mr. Rahall and the rest of them, to do what needs
to be done. I am pleased and honored to serve as a Member of Congress
where we are dealing with justice and fairness and equality today.
Mr. MORAN of Virginia. Mr. Speaker, I support the Individual Indian
Money Account Litigation Settlement. The settlement of this litigation
represents a turning point for the Federal Government's trust
relationship. There are three reasons I support this settlement.
First, it provides monetary compensation to more than 300,000
individual Indians for their historical trust accounting claims and
their potential claims that prior U.S. Government officials mismanaged
their trust assets.
Second, this settlement seeks to address the growing problem of
``fractionated'' land interests. This settlement allows individual
Indians owning shares of fractionated land to voluntarily sell their
land back to the federal government, in exchange for a cash payment. In
turn tribal communities will have the opportunity to consolidate these
fractionated interests and use the land for homes, schools, and
economic development.
Third, this settlement addresses the future by establishing and
providing education scholarships for Native Americans. Studies have
shown that Native Americans represent less than one percent of all
students enrolled in colleges. The Indian Education Scholarship Holding
Fund can help improve these statistics by providing much needed
financial assistance to Native American students to defray the costs at
post-secondary vocational schools and other institutions of higher
learning.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of the
Claims Resolution Act of 2010, to authorize, ratify and confirm the
settlement reached as a result of the Indian Trust Fund litigation, or
the Cobell v. Salazar case.
First I want to thank the Chairman Nick RaHall, members of the
Natural Resources Committee, and all my colleagues for their support on
this bill.
Under the Class Action Settlement Agreement that was signed on
December 7, 2009, the government agrees to pay $1.4 billion to
establish the ``Accounting/Trust Administration Fund'' for members of
the class who sought to have a historical accounting of their
Individual Indian Monies (IIM) accounts. In addition, the Federal
Government has agreed to pay $2 billion to establish the ``Trust Land
Consolidation Fund'' for the purpose of consolidating the fractionated
trust and restricted lands.
Since 1831, when the Supreme Court first formulated the concept of
the federal government as trustee for Indian tribes, the relationship
between the American Indians and the United States government has been
likened to that of a ``ward to its guardian.'' In its capacity as
trustee, the United States government holds titles to much of Indian
tribal land and land allotted to individual Indians. Subsequently,
responsibilities to manage Indian monies and assets derived from these
lands and held in trust lie with the U.S. government.
Allegations of breach of trusteeship and fiduciary responsibilities
led to the Cobell v. Salazar that was first filed in 1996. A group of
IIM account holders filed a class action alleging that the Secretaries
of Interior and Treasury, acting on behalf of the federal government,
had breached their fiduciary duties owed to American Indians. Over the
next 13 years, the federal government has struggled to bring resolution
to this litigation.
It was not until December 7, 2009 when a settlement was reached. The
settlement agreement originally called for Congress to authorize it
legislatively by December 31, 2009. The deadline, however, has been
extended eight times to February 28, 2010, April 16, May 25, June 15,
July 9, August 6, October 15, and currently to January 7, 2011. It is
time to bring resolution to this issue.
For far too long, the government has ignored its responsibilities and
constitutional duties with respect to American Indians. The proposed
legislation, H.R. 4783, will administer justice to those American
Indians that have suffered as a result of mismanagement and of neglect
of our government trustee responsibilities. I urge my colleagues to
support H.R. 4783 and authorize the Class Action Settlement Agreement.
Mr. VAN HOLLEN. Mr. Speaker, I rise in support of this legislation
that will make amends to thousands of African American famers and
Native Americans, and bring a long-delayed close to the serious cases
of discrimination and mismanagement committed by the Federal
government.
The Claims Resolution Act provides funding to implement the
settlements of both the Pigford and Cobell class action lawsuits in a
budget neutral manner. The Pigford case involved past discrimination
committed against black farmers by the Department of Agriculture while
in the Cobell case, the Department of the Interior mismanaged Native
American trust funds. With this legislation, it is time to provide long
overdue justice and uphold the Federal government's responsibility of
the settlements.
Mr. Speaker, we are one step closer to providing African American
farmers and Native Americans compensation for the past failures of the
Federal government. I urge my colleagues to do the right thing and
support this legislation so that it can be sent to the President's desk
for his signature.
Mr. BISHOP of Georgia. Mr. Speaker, I rise today in support of H.R.
4783, The Claims Resolution Act of 2010. It is time to end this
decades-long dispute and long process of overdue justice.
The Senate overcame a major hurdle on November 19, and their actions
should encourage us to build on their momentum, pass this legislation,
and send it to President Obama in the interest of doing what is right.
As Dr. Martin Luther King, Jr. said, ``The time is always right to do
what is right.''
I am pleased to see that this legislation has strong support from
both sides of the aisle, and I know that fiscally conservative Members
like me are especially pleased that this legislation is fully paid for.
This has not been a process of swift justice, but the Senate's recent
accomplishment is good news for the victims of prejudice and
discrimination. I am particularly pleased for the thousands of black
farmers, as well as Native Americans and Hispanics, who will now
finally receive a measure of justice.
Discrimination in any form cannot be tolerated, and today my
colleagues and I are presented with the opportunity to close the final
chapter in this saga of flagrant prejudice.
Now there are a number of Members who have expressed their concern
with respect to potential fraud and abuse. Interestingly, out of the
three groups included in H.R. 4783--Hispanic, Native American, and
Black, only the Black farmers are saddled with fraud allegations and
specific statutory language aimed at stemming fraud.
I, too, am concerned with fraud! And I believe the bill adequately
addresses this issue, as does the Department of Agriculture and I am
confident this issue will be taken care of.
We cannot let a few bad apples spoil the bunch. There are many hard-
working, honest individuals and families who have suffered at the hand
of discrimination, and we should all aim to see justice done so that
those who have suffered from bias and bigotry can now move on with
their lives.
Mr. Speaker, as children, we are taught the Pledge of Allegiance and
we are ingrained from an early age that these United States provide
liberty and justice for all. Therefore, I ask my colleagues to keep
that pledge and pass this legislation. Our great nation was founded on
the principle that all men are created equal and it is time to see this
gross injustice put to rest.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of H.R. 4783,
which authorizes and approves the settlement in the Cobell v. Salazar
case. This important legislation finally authorizes funding for the
settlement that was reached over 14 years ago. H.R. 4783 also settles
the Pigford lawsuit which is a decades old discrimination lawsuit
brought by African American farmers against the USDA.
As a member of the Native American Caucus, I have worked with my
colleagues in Congress to address the needs of Native Americans. This
legislation before us today is not a handout, but it repays the Native
Americans who had their trust assets mismanaged by the Federal
Government. Over 300,000 Native Americans will benefit from this
legislation.
Mr. Speaker, this bill also establishes a $60 million educational
scholarship fund for Native American children. The passage of this
legislation will allow more Native Americans to attend colleges and
universities. This bill is revenue neutral and is even projected to
reduce the budget deficit by approximately $1 million over 10 years.
California is home to over 100 federally recognized tribes. This
legislation will ensure that these Native American beneficiaries
receive the compensation that is long overdue.
The Claims Resolution Act also provides $1.15 billion to settle the
claims of African American farmers against the USDA. This will
compensate families that were unfairly denied access to USDA loans and
other financial assistance solely based upon their skin color. While
the passage of this legislation will not erase this sad chapter in our
history, it will assist our African American farmers who were unfairly
discriminated against.
Mr. Speaker, I have a constituent named Alice Robinson who will
benefit from this legislation. Her family was one of the many African
American farmers that faced discrimination in accessing loans from the
USDA. They struggled to maintain their farm without any assistance from
the USDA. No farmer should face discrimination based on the color of
their skin. Alice Robinson and other farmers across the country deserve
the assistance that this legislation will provide that was previously
denied to them.
The House has twice passed legislation this year authorizing payment
of the Cobell v.
[[Page H7694]]
Salazar lawsuit and the Pigford settlement. I am pleased that the
Senate has passed this important piece of legislation and I urge my
colleagues to join me in supporting H.R. 4783. While we can't undo the
damage that the Federal Government inflicted on black farmers and
Native Americans, today we will help compensate them for their losses
and ensure that this never happens again.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise in strong
support of H.R. 4783, the Claims Resolution Act of 2010. When I first
entered the Congress in 1993 this issue was at the top of my
legislative agenda. Throughout my tenure in Congress, I have been
committed to bring justice to black farmers who were discriminated
against by the U.S. Department of Agriculture. Fairness has long been
overdue for black farmers who were blatantly denied access to low-
interest loans and farm subsidies by the government. As a longstanding
advocate of this issue, I am particularly pleased to see this bill up
for consideration today.
Mr. Speaker, it has been over a decade now we have been fighting for
integrity and righteousness for black farmers who were unfairly
discriminated against by the United States government in what is
otherwise known as the ``Pigford case''. Resolving cases of
discrimination and injustice should be a top priority for this country.
As Dr. Martin Luther King famously said, ``Injustice anywhere is a
threat to justice everywhere.''
The evidence of discrimination in Pigford is clear and reminds us to
remain vigilant against acts of racism which have unduly hurt so many
hardworking families. When black farmers did receive loans, they were
often at a rate higher than those offered to white farmers. Equipment
grants and subsidies often came too late and without explanation, as
farming is an extremely time sensitive endeavor.
Aside from justice, this money also will be going to some of the
poorest counties in this country who are the most in need. Although
this payment is not enough to save all of the black farmers now in
jeopardy of losing their family land, it will help some survive and at
least be partially compensated for the discrimination they faced. The
2007 Census of Agriculture reveals in my state of Texas, there are
6,124 Black principal farm operators, the largest number in any state.
Mr. Speaker, my community will stand ready for justice for these
unconscionable actions of discrimination.
I urge my colleagues to support this legislation not only to bring
justice to those who faced years of unwarranted discrimination, but to
provide for those who work tirelessly everyday to provide much needed
goods for this country.
Ms. JACKSON LEE of Texas. Mr. Speaker, I would like to thank all of
my colleagues who were instrumental in furthering this legislative
effort and bringing this momentous bill to the House floor. H.R. 4783
serves as a means of justice and vindication for minority farmers and
landowners who were previously wronged by the Agriculture Department
and the Interior Department when they were only trying to make a
living. These were American farmers, who have dedicated their lives to
the prosperity of the United States, by in essence, providing for their
fellow citizens.
I have long been an adamant supporter of American farmers in their
mission to strengthen agriculture in our Nation. As a senior member of
the House Judiciary Committee, I have been actively involved in the
fight to ensure that black farmers and Native Americans received
justice for the discrimination they encountered. For nearly a decade, I
have worked alongside my colleagues in the Congressional Black Caucus,
other Members of Congress, and civil rights advocacy groups to uphold
the standards of equality and fairness, and ensure that the government
is held accountable for its wrongdoings.
I am pleased that the Senate has passed this legislation by unanimous
consent earlier this month to right the many past wrongs of our
government. I hope that today, in the House, my colleagues too will
vote to pass this important legislation. H.R. 4783 deals with the
unfortunate situations addressed in the Pigford II and Cobell v.
Salazar cases. Black farmers and Native Americans were discriminated
against in those aforementioned cases based solely on their race. They
are owed restitution by the Department of Agriculture and the
Department of the Interior; they are owed a chance to rebuild their
communities and continue with their lives.
In the Pigford case, there are numerous accounts of black farmers
receiving unfair and unequal treatment when applying for farm loans or
assistance through the Department of Agriculture. As if that were not
enough, when these minority farmers submitted their discrimination
complaints, they heard no response from the Department of Agriculture
and were essentially ignored. The judge in the Pigford case said that
the holding was, ``a historical first step toward righting the wrongs
visited upon thousands of African-American farmers for decades.'' It is
truly disheartening to know that an arm of the federal government,
which has a duty to treat all Americans fairly and equally, played a
role in the historic plight of the minority farmer in the United
States.
The Cobell case is important because of its resolution of many
American-Indian tribes' claims to water, one of the necessary elements
to sustain life, and the poor management of Indian trusts. The White
Mountain Apache Tribe settlement, the Crow Tribe settlement, the Taos
Pueblo settlement, the Aamodt settlement, and finally the Reclamation
Water Settlements provided for the tribal water rights claims for a
number of American-Indian tribes.
Furthermore, H.R. 4783 also allows for the settlement of billions of
dollars in Indian trusts that were mishandled by the Department of
Interior. In the holding of the Cobell case, the judge states that,
``it would be difficult to find a more historically mismanaged federal
program than the Individual Indian Money (IIM) trust.''
Such gross mismanagement impeded the livelihood of more than 300,000
Native Americans. How are Native Americans, or any minority for that
matter, expected to trust the United States government if, as
lawmakers, we do not stand up for their rights? This settlement ensures
the recognition of these past civil infractions by the government, and
portends a brighter future for the minorities in America.
Essentially, the right to life and livelihood are resolved by this
settlement. American-Indian tribes will finally receive access to
drinking water, and black farmers will receive restitution for and
recognition of previous racist actions that directly affected their
ability to sustain themselves.
In July of this year, Shirley Sherrod's forced resignation from the
Department of Agriculture was reminiscent of the racist trend many
black farmers faced when dealing with the government. The media
whirlwind surrounding the treatment of Sherrod raised allegations of
racism by the hands of the government. Images of black farmers being
denied loans for their own farms, in order to maintain their own
livelihood resurfaced. Despite the wrongs Sherrod faced personally, she
focused attention on the very types of discriminatory practices that
perpetuated racism, led to losses of land, and ultimately resulted in
these lawsuits. She reiterated the importance of equal treatment for
all American farmers, regardless of their race. Systematic racism
should not occur in the United States in the 21st century, and H.R.
4783 reaffirms that notion by taking steps to reverse a history of
gross racism and civil rights infractions.
The passing of H.R. 4783 will finally allow for the compensation of
these gross injustices. While I am in strong support of the passage of
this bill, it is unfortunate that this long awaited settlement comes
riddled with stipulations. The Claims Resolution Act, as amended,
creates two payment ``tracks'' by which the victims of past
discrimination may state their claims. These payment tracks effectively
raise the evidentiary bar for those who were victimized by the
government's past injustices, making it more difficult for them to
receive the settlement that this bill provides.
The first track, which requires substantial evidence of
discrimination, limits victims' settlement to $50,000 per person. This
standard is too restrictive because of the passage of time since the
incidents of discrimination took place, and the possibility that many
of the records and documentation of discrimination have been lost.
The second track, which allows victims to receive a settlement of up
to $250,000, requires a much stronger evidentiary standard; victims
must be able to show evidence of economic loss as a result of
discrimination. Such a standard will often be too burdensome to meet,
as it is difficult to prove definitively that discrimination was the
sole cause for someone's loss of land, and that other mitigating
factors may not have played a role in the loss. This standard could
leave those victims who lost the most due to discrimination by the USDA
with a lesser settlement than they rightfully deserve.
A settlement of $50,000 poses a hardship to Black farmers and Native
Americans, and certainly is not enough to properly compensate for the
years of discrimination they experienced. Nonetheless, it is a positive
first step toward making these victims whole again.
Mr. Speaker, for over a decade, I have been a strong voice and
advocate for Black and Native American farmers in the United States who
are truly dedicated to the American dream. The Claims Resolution Act of
2010 represents nearly a decade-long battle for equality and justice.
It is now time to finally acknowledge the systematic injustices
experienced by black farmers, and Native Americans everywhere. I urge
my colleagues to join me in voting to pass H.R. 4783, and to finally
allow those affected to move on with their lives.
The SPEAKER pro tempore. All time for debate has expired.
[[Page H7695]]
Pursuant to clause 1(c) of rule XIX, further consideration of this
motion is postponed.
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