    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-291
    111th Congress

    An Act

    This Act may be cited as ``The Claims Resettlement Act of
    2010.''. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``Claims 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.

    [[Page 3065]]

    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.

    [[Page 3066]]

    TITLE I--INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT

    SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT.

    (a) Definitions.--In this section:
    (1) Agreement on attorneys' fees, expenses, and costs.--The
    term ``Agreement on Attorneys' Fees, Expenses, and Costs'' means
    the agreement dated December 7, 2009, between Class Counsel (as
    defined in the Settlement) and the Defendants (as defined in the
    Settlement) relating to attorneys' fees, expenses, and costs
    incurred by Class Counsel in connection with the Litigation and
    implementation of the Settlement, as modified by the parties to
    the Litigation.
    (2) Amended complaint.--The term ``Amended Complaint'' means
    the Amended Complaint attached to the Settlement.
    (3) Final approval.--The term ``final approval'' has the
    meaning given the term in the Settlement.
    (4) Land consolidation program.--The term ``Land
    Consolidation Program'' means a program conducted in accordance
    with the Settlement, the Indian Land Consolidation Act (25
    U.S.C. 2201 et seq.), and subsection (e)(2) under which the
    Secretary may purchase fractional interests in trust or
    restricted land.
    (5) Litigation.--The term ``Litigation'' means the case
    entitled Elouise Cobell et al. v. Ken Salazar et al., United
    States District Court, District of Columbia, Civil Action No.
    96-1285 (TFH).
    (6) Plaintiff.--The term ``Plaintiff'' means a member of any
    class certified in the Litigation.
    (7) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (8) Settlement.--The term ``Settlement'' means the Class
    Action Settlement Agreement dated December 7, 2009, in the
    Litigation, as modified by the parties to the Litigation.
    (9) Trust administration adjustment fund.--The term ``Trust
    Administration Adjustment Fund'' means the $100,000,000
    deposited in the Settlement Account (as defined in the
    Settlement) pursuant to subsection (j)(1) for use in making the
    adjustments authorized by that subsection.
    (10) Trust administration class.--The term ``Trust
    Administration Class'' means the Trust Administration Class as
    defined in the Settlement.

    (b) Purpose.--The purpose of this section is to authorize the
    Settlement.
    (c) Authorization.--
    (1) In general.--The Settlement is authorized, ratified, and
    confirmed.
    (2) Amendments.--Any amendment to the Settlement is
    authorized, ratified, and confirmed, to the extent that such
    amendment is executed to make the Settlement consistent with
    this section.

    (d) Jurisdictional Provisions.--
    (1) In general.--Notwithstanding the limitation on the
    jurisdiction of the district courts of the United States in
    section 1346(a)(2) of title 28, United States Code, the United
    States

    [[Page 3067]]

    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.

    [[Page 3068]]

    (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

    [[Page 3069]]

    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

    [[Page 3070]]

    pursuant to subsection (e), the Secretary of the Treasury shall
    deposit in that Fund $100,000,000 out of amounts appropriated to
    pay final judgments, awards, and compromise settlements under
    section 1304 of title 31, United States Code (the conditions of
    which section shall be deemed to be met for purposes of this
    paragraph) to be used by the Secretary in accordance with
    subsection (e).

    TITLE II--FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS
    DISCRIMINATION LITIGATION

    SEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS
    FROM IN RE BLACK FARMERS DISCRIMINATION
    LITIGATION.

    (a) Definitions.--In this section:
    (1) Settlement agreement.--The term ``Settlement Agreement''
    means the settlement agreement dated February 18, 2010
    (including any modifications agreed to by the parties and
    approved by the court under that agreement) between certain
    plaintiffs, by and through their counsel, and the Secretary of
    Agriculture to resolve, fully and forever, the claims raised or
    that could have been raised in the cases consolidated in In re
    Black Farmers Discrimination Litigation, Misc. No. 08-mc-0511
    (PLF), including Pigford claims asserted under section 14012 of
    the Food, Conservation, and Energy Act of 2008 (Public Law 110-
    246; 122 Stat. 2209).
    (2) Pigford claim.--The term ``Pigford claim'' has the
    meaning given that term in section 14012(a)(3) of the Food,
    Conservation, and Energy Act of 2008 (Public Law 110-246; 122
    Stat. 2210).

    (b) Appropriation of Funds.--There is appropriated to the Secretary
    of Agriculture $1,150,000,000, to remain available until expended, to
    carry out the terms of the Settlement Agreement if the Settlement
    Agreement is approved by a court order that is or becomes final and
    nonappealable, and the court finds that the Settlement Agreement is
    modified to incorporate the additional terms contained in subsection
    (g). The funds appropriated by this subsection are in addition to the
    $100,000,000 of funds of the Commodity Credit Corporation made available
    by section 14012(i) of the Food, Conservation, and Energy Act of 2008
    (Public Law 110-246; 122 Stat. 2212) and shall be available for
    obligation only after those Commodity Credit Corporation funds are fully
    obligated. If the Settlement Agreement is not approved as provided in
    this subsection, the $100,000,000 of funds of the Commodity Credit
    Corporation made available by section 14012(i) of the Food,
    Conservation, and Energy Act of 2008 shall be the sole funding available
    for Pigford claims.
    (c) Use of Funds.--The use of the funds appropriated by subsection
    (b) shall be subject to the express terms of the Settlement Agreement.
    (d) Treatment of Remaining Funds.--If any of the funds appropriated
    by subsection (b) are not obligated and expended to carry out the
    Settlement Agreement, the Secretary of Agriculture shall return the
    unused funds to the Treasury and may not make

    [[Page 3071]]

    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

    [[Page 3072]]

    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.

    [[Page 3073]]

    (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.

    [[Page 3074]]

    (3) CAP.--The term ``CAP'' means the reclamation project
    authorized and constructed by the United States in accordance
    with title III of the Colorado River Basin Project Act (43
    U.S.C. 1521 et seq.).
    (4) CAP contractor.--The term ``CAP contractor'' means an
    individual or entity that has entered into a long-term contract
    (as that term is used in the repayment stipulation) with the
    United States for delivery of water through the CAP system.
    (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R
    charge'' has the meaning given the term in the repayment
    stipulation.
    (6) CAP m&i priority water.--The term ``CAP M&I priority
    water'' means the CAP water having a municipal and industrial
    delivery priority under the repayment contract.
    (7) CAP subcontractor.--The term ``CAP subcontractor'' means
    an individual or entity that has entered into a long-term
    subcontract (as that term is used in the repayment stipulation)
    with the United States and the District for the delivery of
    water through the CAP system.
    (8) CAP system.--The term ``CAP system'' means--
    (A) the Mark Wilmer Pumping Plant;
    (B) the Hayden-Rhodes Aqueduct;
    (C) the Fannin-McFarland Aqueduct;
    (D) the Tucson Aqueduct;
    (E) any pumping plant or appurtenant works of a
    feature described in any of subparagraphs (A) through
    (D); and
    (F) any extension of, addition to, or replacement
    for a feature described in any of subparagraphs (A)
    through (E).
    (9) CAP water.--The term ``CAP water'' means ``Project
    Water'' (as that term is defined in the repayment stipulation).
    (10) Contract.--The term ``Contract'' means--
    (A) the proposed contract between the Tribe and the
    United States attached as exhibit 7.1 to the Agreement
    and numbered 08-XX-30-W0529; and
    (B) any amendments to that contract.
    (11) District.--The term ``District'' means the Central
    Arizona Water Conservation District, a political subdivision of
    the State that is the contractor under the repayment contract.
    (12) Enforceability date.--The term ``enforceability date''
    means the date described in section 309(d)(1).
    (13) Indian tribe.--The term ``Indian tribe'' has the
    meaning given the term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450b).
    (14) Injury to water rights.--
    (A) In general.--The term ``injury to water rights''
    means an interference with, diminution of, or
    deprivation of, a water right under Federal, State, or
    other law.
    (B) Inclusions.--The term ``injury to water rights''
    includes--
    (i) a change in the groundwater table; and
    (ii) any effect of such a change.
    (C) Exclusion.--The term ``injury to water rights''
    does not include any injury to water quality.
    (15) Lower colorado river basin development fund.--The term
    ``Lower Colorado River Basin Development Fund''

    [[Page 3075]]

    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.

    [[Page 3076]]

    (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.--

    [[Page 3077]]

    (A) In general.--Execution of the Agreement by the
    Secretary under this section shall not constitute a
    major Federal action under the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (B) Environmental compliance.--The Secretary shall
    carry out all necessary environmental compliance
    activities required by Federal law in implementing the
    Agreement.
    (3) Lead agency.--The Bureau shall serve as the lead agency
    with respect to ensuring environmental compliance associated
    with the WMAT rural water system.
    SEC. 305. WATER RIGHTS.

    (a) Treatment of Tribal Water Rights.--The tribal water rights--
    (1) shall be held in trust by the United States on behalf of
    the Tribe; and
    (2) shall not be subject to forfeiture or abandonment.

    (b) Reallocation.--
    (1) In general.--In accordance with this title and the
    Agreement, the Secretary shall reallocate to the Tribe, and
    offer to enter into a contract with the Tribe for the delivery
    in accordance with this section of--
    (A) an entitlement to 23,782 acre-feet per year of
    CAP water that has a non-Indian agricultural delivery
    priority (as defined in the Contract) in accordance with
    section 104(a)(1)(A)(iii) of the Arizona Water
    Settlements Act (Public Law 108-451; 118 Stat. 3488), of
    which--
    (i) 3,750 acre-feet per year shall be firmed
    by the United States for the benefit of the Tribe
    for the 100-year period beginning on January 1,
    2008, with priority equivalent to CAP M&I priority
    water, in accordance with section 105(b)(1)(B) of
    that Act (118 Stat. 3492); and
    (ii) 3,750 acre-feet per year shall be firmed
    by the State for the benefit of the Tribe for the
    100-year period beginning on January 1, 2008, with
    priority equivalent to CAP M&I priority water, in
    accordance with section 105(b)(2)(B) of that Act
    (118 Stat. 3492); and
    (B) an entitlement to 1,218 acre-feet per year of
    the water--
    (i) acquired by the Secretary through the
    permanent relinquishment of the Harquahala Valley
    Irrigation District CAP subcontract entitlement in
    accordance with the contract numbered 3-07-30-
    W0290 among the District, Harquahala Valley
    Irrigation District, and the United States; and
    (ii) converted to CAP Indian Priority water
    (as defined in the Contract) pursuant to the Fort
    McDowell Indian Community Water Rights Settlement
    Act of 1990 (Public Law 101-628; 104 Stat. 4480).
    (2) Authority of tribe.--Subject to approval by the
    Secretary under section 306(a)(1), the Tribe shall have the sole
    authority to lease, distribute, exchange, or allocate the tribal
    CAP water described in paragraph (1).

    [[Page 3078]]

    (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

    [[Page 3079]]

    (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.

    [[Page 3080]]

    (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

    [[Page 3081]]

    to the distribution system described in paragraph (2) at the
    expense of the Tribe;
    (5) appurtenant buildings and access roads;
    (6) electrical power transmission and distribution
    facilities necessary for operation of the project; and
    (7) any other project components that the Secretary, in
    consultation with the Tribe, determines to be necessary.

    (b) Modifications.--The Secretary and the Tribe--
    (1) may modify the components of the WMAT rural water system
    described in subsection (a) by mutual agreement; and
    (2) shall make all modifications required under subsection
    (c)(2).

    (c) Final Project Design.--
    (1) In general.--The Secretary shall issue a final project
    design of the WMAT rural water system, including the dam,
    pumping plants, pipeline, and treatment plant, that is generally
    consistent with the project extension report dated February 2007
    after the completion of--
    (A) any appropriate environmental compliance
    activity; and
    (B) the review process described in paragraph (2).
    (2) Review.--
    (A) In general.--The Secretary shall review the
    proposed design of the WMAT rural water system and
    perform value engineering analyses.
    (B) Results.--Taking into consideration the review
    under subparagraph (A), the Secretary, in consultation
    with the Tribe, shall require appropriate changes to the
    design, so that the final design--
    (i) meets Bureau of Reclamation design
    standards;
    (ii) to the maximum extent practicable,
    incorporates any changes that would improve the
    cost-effectiveness of the delivery of water
    through the WMAT rural water system; and
    (iii) may be constructed for the amounts made
    available under section 312.

    (d) Conveyance of Title.--
    (1) In general.--Title to the WMAT rural water system shall
    be held by the United States until title to the WMAT rural water
    system is conveyed by the Secretary to the Tribe pursuant to
    paragraph (2).
    (2) <>
    Conveyance to tribe.--The Secretary shall convey to the Tribe
    title to the WMAT rural water system not later than 30 days
    after the date on which the Secretary publishes in the Federal
    Register a statement of findings that--
    (A) the operating criteria, standing operating
    procedures, emergency action plan, and first filling and
    monitoring criteria of the designers have been
    established and are in place;
    (B) the WMAT rural water system has operated under
    the standing operating procedures of the designers, with
    the participation of the Tribe, for a period of 3 years;
    (C) the Secretary has provided the Tribe with
    technical assistance on the manner by which to operate
    and maintain the WMAT rural water system;

    [[Page 3082]]

    (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.

    [[Page 3083]]

    (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.

    [[Page 3084]]

    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.

    [[Page 3085]]

    (3) Claims against united states.--Except for the
    specifically retained claims described in subsection (b)(2), the
    Tribe, on behalf of itself and its members, as part of the
    performance of the obligations of the Tribe under the Agreement,
    is authorized to execute a waiver and release of any claim
    against the United States, including agencies, officials, or
    employees of the United States (except in the capacity of the
    United States as trustee for other Indian tribes), under
    Federal, State, or other law for any and all--
    (A)(i) past, present, and future claims for water
    rights for the reservation and off-reservation trust
    land arising from time immemorial and, thereafter,
    forever; and
    (ii) past, present, and future claims for water
    rights arising from time immemorial and, thereafter,
    forever that are based on aboriginal occupancy of land
    by the Tribe, its members, or their predecessors;
    (B)(i) past and present claims relating in any
    manner to damages, losses, or injuries to water, water
    rights, land, or other resources due to loss of water or
    water rights (including damages, losses, or injuries to
    hunting, fishing, gathering, or cultural rights due to
    loss of water or water rights, claims relating to
    interference with, diversion, or taking of water, or
    claims relating to failure to protect, acquire, or
    develop water, water rights, or water infrastructure)
    within the reservation and off-reservation trust land
    that first accrued at any time prior to the
    enforceability date;
    (ii) past, present, and future claims for injury to
    water rights arising from time immemorial and,
    thereafter, forever that are based on aboriginal
    occupancy of land by the Tribe, its members, or their
    predecessors; and
    (iii) claims for injury to water rights arising
    after the enforceability date for the reservation and
    off-reservation trust land resulting from the off-
    reservation diversion or use of water in a manner that
    is not in violation of the Agreement or applicable law;
    (C) past, present, and future claims arising out of,
    or relating in any manner to, the negotiation,
    execution, or adoption of the Agreement, an applicable
    settlement judgment or decree, or this title;
    (D) past and present claims relating in any manner
    to pending litigation of claims relating to the water
    rights of the Tribe for the reservation and off-
    reservation trust land;
    (E) past and present claims relating to the
    operation, maintenance, and replacement of existing
    irrigation systems on the reservation constructed prior
    to the enforceability date that first accrued at any
    time prior to the enforceability date, which waiver
    shall only become effective on the full appropriation
    and payment to the Tribe of $4,950,000 of the amounts
    made available under section 312(b)(2)(B);
    (F) any claims relating to operation, maintenance,
    and replacement of the WMAT rural water system, which
    waiver shall only become effective on the date on which
    funds are made available under section 312(b)(3)(B) and
    deposited in the WMAT Maintenance Fund;

    [[Page 3086]]

    (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-

    [[Page 3087]]

    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

    [[Page 3088]]

    or is transported off the land for municipal,
    commercial, or industrial use;
    (G) to assert any claims arising after the
    enforceability date for injury to water rights not
    specifically waived under this section;
    (H) to seek remedies and to assert any other claims
    not specifically waived under this section; and
    (I) to assert any claim arising after the
    enforceability date for a future taking by the United
    States of reservation land, off-reservation trust land,
    or any property rights appurtenant to that land,
    including any water rights set forth in paragraph 4.0 of
    the Agreement.
    (3) Reservation of rights and retention of claims by united
    states.--Notwithstanding the waiver and release of claims
    authorized under subsection (a)(2), the United States shall
    retain any right to assert any claim not specifically waived in
    that subsection.

    (c) Effectiveness of Waiver and Releases.--Except as otherwise
    specifically provided in subparagraphs (E) and (F) of subsection (a)(3),
    the waivers and releases under subsection (a) shall become effective on
    the enforceability date.
    (d) Enforceability Date.--
    (1) <>  In general.--
    This section takes effect on the date on which the Secretary
    publishes in the Federal Register a statement of findings that--
    (A)(i) to the extent that the Agreement conflicts
    with this title, the Agreement has been revised through
    an amendment to eliminate the conflict; and
    (ii) the Agreement, as so revised, has been executed
    by the Secretary, the Tribe, and the Governor of the
    State;
    (B) the Secretary has fulfilled the requirements of
    sections 305 and 306;
    (C) the amount made available under section 312(a)
    has been deposited in the White Mountain Apache Tribe
    Water Rights Settlement Subaccount;
    (D) the State funds described in subparagraph 13.3
    of the Agreement have been deposited in the White
    Mountain Apache Tribe Water Rights Settlement
    Subaccount;
    (E) the Secretary has issued a record of decision
    approving the construction of the WMAT rural water
    system in a configuration substantially similar to that
    described in section 307;
    (F) the judgments and decrees substantially in the
    form of those attached to the Agreement as exhibits
    12.9.6.1 and 12.9.6.2 have been approved by the
    respective trial courts; and
    (G) the waivers and releases authorized and set
    forth in subsection (a) have been executed by the Tribe
    and the Secretary.
    (2) Failure of enforceability date to occur.--If the
    Secretary does not publish a statement of findings under
    paragraph (1) by April 30, 2021--
    (A) this title is repealed effective May 1, 2021,
    and any activity by the Secretary to carry out this
    title shall cease;

    [[Page 3089]]

    (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--

    [[Page 3090]]

    (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.--

    [[Page 3091]]

    (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.).

    [[Page 3092]]

    (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/2\
    N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 E.; T.
    5 N., R. 19 E.).
    (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
    (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
    (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16
    E.).

    (f) No Effect on Future Allocations.--Water received under a lease
    or exchange of tribal CAP water under this title shall not affect any
    future allocation or reallocation of CAP water by the Secretary.
    (g) After-acquired Trust Land.--
    (1) Requirement of act of congress.--
    (A) Legal title.--Subject to subparagraph (B), after
    the enforceability date, if the Tribe seeks to have
    legal title to additional land in the State located
    outside the exterior boundaries of the reservation taken
    into trust by the United States for the benefit of the
    Tribe, the Tribe may do so only pursuant to an Act of
    Congress specifically authorizing the transfer for the
    benefit of the Tribe.
    (B) Exceptions.--Subparagraph (A) shall not apply
    to--
    (i) the restoration of land to the reservation
    subsequently and finally determined to be part of
    the reservation through resolution of any dispute
    between the Tribe and the United States over the
    location of the reservation boundary, unless
    required by Federal law; or
    (ii) off-reservation trust land acquired prior
    to January 1, 2008.
    (2) Water rights.--
    (A) In general.--After-acquired trust land that is
    located outside the reservation shall not include
    federally reserved rights to surface water or
    groundwater.
    (B) Restored land.--Land that is restored to the
    reservation as the result of the resolution of any
    reservation boundary dispute between the Tribe and the
    United States, or any fee simple land within the
    reservation that is placed into trust, shall have water
    rights pursuant to section 308(b).
    (3) Acceptance of land in trust status.--
    (A) In general.--If the Tribe acquires legal fee
    title to land that is located within the exterior
    boundaries of the reservation, the Secretary shall
    accept the land in trust status for the benefit of the
    Tribe in accordance with applicable Federal law
    (including regulations) for such real estate
    acquisitions.
    (B) Reservation status.--Land held in trust by the
    Secretary under subparagraph (A), or restored to the
    reservation as a result of resolution of a boundary
    dispute between the Tribe and the United States, shall
    be deemed to be part of the reservation.

    (h) Conforming Amendment.--Section 3(b)(2) of the White Mountain
    Apache Tribe Rural Water System Loan Authorization Act (Public Law 110-
    390; 122 Stat. 4191) is amended by striking ``January 1, 2013'' and
    inserting ``May 1, 2021''.

    [[Page 3093]]

    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.

    [[Page 3094]]

    (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.

    [[Page 3095]]

    (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)).

    [[Page 3096]]

    (C) Use of interest.--The interest accrued on the
    amounts invested under subparagraph (B) shall not be
    available for expenditure or withdrawal until the
    enforceability date.
    (4) Use of cost overrun subaccount.--
    (A) Initial use.--The Secretary shall use the
    amounts in the WMAT Cost Overrun Subaccount to complete
    the WMAT rural water system or to carry out activities
    relating to the operation, maintenance, or replacement
    of facilities of the WMAT rural water system, as
    applicable, if the Secretary determines that the amounts
    made available under subsections (a) and (d) will be
    insufficient in the period before title to the WMAT
    rural water system is conveyed to the Tribe--
    (i) to complete the WMAT rural water system;
    or
    (ii) to operate and maintain the WMAT rural
    water system.
    (B) Transfer of funds.--All unobligated amounts
    remaining in the Cost Overrun Subaccount on the date on
    which title to the WMAT rural water system is conveyed
    to the Tribe shall be--
    (i) returned to the general fund of the
    Treasury; and
    (ii) on an appropriation pursuant to
    subsection (b)(2)(B)(ii), deposited in the WMAT
    Settlement Fund and made available to the Tribe
    for use in accordance with subsection (b)(2)(C).

    (f) Conditions.--The amounts made available to the Secretary for
    deposit in the WMAT Maintenance Fund, together with any interest accrued
    on those amounts under subsection (b)(3) and any interest accruing on
    the WMAT Settlement Fund under subsection (b)(2), shall not be available
    for expenditure or withdrawal until the WMAT rural water system is
    transferred to the Tribe under section 307(d)(2).
    (g) Receipt and Acceptance.--The Secretary shall be entitled to
    receive, shall accept, and shall use to carry out this title the funds
    transferred under subsections (a), (b), (d), and (e), without further
    appropriation, to remain available until expended.
    SEC. 313. ANTIDEFICIENCY.

    The United States shall not be liable for failure to carry out any
    obligation or activity authorized to be carried out under this title
    (including any such obligation or activity under the Agreement) if
    adequate appropriations are not provided by Congress expressly to carry
    out the purposes of this title.
    SEC. 314. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    In implementing the Agreement and carrying out this title, the
    Secretary shall promptly comply with all applicable requirements of--
    (1) the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.);
    (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.);
    (3) all other applicable Federal environmental laws; and
    (4) all regulations promulgated under the laws described in
    paragraphs (1) through (3).

    [[Page 3097]]

    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;

    [[Page 3098]]

    (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

    [[Page 3099]]

    (III) Pryor Extension.
    (12) MR&I system om&r.--The term ``MR&I System OM&R''
    means--
    (A) any recurring or ongoing activity associated
    with the day-to-day operation of the MR&I System;
    (B) any activity relating to scheduled or
    unscheduled maintenance of the MR&I System; and
    (C) any activity relating to replacement of project
    features of the MR&I System.
    (13) Reservation.--The term ``Reservation'' means the area
    identified as the Reservation on the map in appendix 4 of the
    Compact.
    (14) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (15) Tribal compact administration.--The term ``Tribal
    Compact Administration'' means any activity relating to--
    (A) the development or enactment by the Tribe of the
    tribal water code;
    (B) establishment by the Tribe of a water resources
    department; and
    (C) the operation by the Tribe of that water
    resources department (or a successor agency) during the
    10-year period beginning on the date of establishment of
    the department.
    (16) Tribal water code.--The term ``tribal water code''
    means a water code adopted by the Tribe in accordance with
    section 407(f).
    (17) Tribal water rights.--The term ``tribal water rights''
    means--
    (A) the water rights of the Tribe described in
    article III of the Compact; and
    (B) the water rights provided to the Tribe under
    section 408.
    (18) Tribe.--The term ``Tribe'' means the Crow Tribe of
    Indians of the State of Montana on behalf of itself and its
    members (but not its members in their capacities as allottees).
    SEC. 404. RATIFICATION OF COMPACT.

    (a) Ratification of Compact.--
    (1) In general.--Except as modified by this title, and to
    the extent the Compact does not conflict with this title, the
    Compact is authorized, ratified, and confirmed.
    (2) Amendments to compact.--If amendments are executed to
    make the Compact consistent with this title, those amendments
    are also authorized, ratified, and confirmed to the extent such
    amendments are consistent with this title.

    (b) Execution of Compact.--
    (1) In general.--To the extent that the Compact does not
    conflict with this title, the Secretary is directed to and shall
    promptly execute the Compact, including all exhibits to or parts
    of the Compact requiring the signature of the Secretary.
    (2) Modifications.--Nothing in this title precludes the
    Secretary from approving modifications to appendices or exhibits
    to the Compact not inconsistent with this title, to

    [[Page 3100]]

    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

    [[Page 3101]]

    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.

    [[Page 3102]]

    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

    [[Page 3103]]

    jurisdiction prior to the granting of an easement or
    right-of-way in connection with the construction of the
    MR&I System.
    (2) Land acquired by the united states.--Land acquired by
    the United States in connection with the construction of the
    MR&I System authorized by this section shall be held in trust by
    the United States on behalf of the Tribe as part of the
    Reservation of the Tribe.

    (h) Conveyance of Title to MR&I System Facilities.----
    (1) In general.--The Secretary shall convey title to each
    MR&I System facility or section of a MR&I System facility
    authorized under subsection (a) to the Tribe after completion of
    construction of a MR&I System facility or a section of a MR&I
    System facility that is operating and delivering water.
    (2) Liability.--
    (A) In general.--Effective on <>  the date of the conveyance authorized by this
    subsection, the United States shall not be held liable
    by any court for damages of any kind arising out of any
    act, omission, or occurrence relating to the land,
    buildings, or facilities conveyed under this subsection,
    other than damages caused by acts of negligence
    committed by the United States, or by employees or
    agents of the United States, prior to the date of
    conveyance.
    (B) Tort claims.--Nothing in this section increases
    the liability of the United States beyond the liability
    provided in chapter 171 of title 28, United States Code
    (commonly known as the ``Federal Tort Claims Act'').
    (3) Notice of proposed conveyance.--Not
    later <>  than 45 days before the date of a
    proposed conveyance of title to any MR&I System facility, the
    Secretary shall submit to the Committee on Natural Resources of
    the House of Representatives and to the Committee on Energy and
    Natural Resources of the Senate notice of the conveyance of each
    such MR&I System facility or section of a MR&I System facility.
    (4) MR&I system om&r obligation of the federal government
    after conveyance.--The Federal Government shall have no
    obligation to pay for the operation, maintenance, or replacement
    costs of the MR&I System beginning on the date on which--
    (A) title to any MR&I System facility or section of
    a MR&I System facility under this subsection is conveyed
    to the Tribe; and
    (B) the amounts required to be deposited in the MR&I
    System OM&R Account pursuant to section 411 have been
    deposited in that account.

    (i) Authority of Tribe.--Upon transfer of title to the MR&I System
    or any section of a MR&I System facility to the Tribe in accordance with
    subsection (h), the Tribe is authorized to collect water use charges
    from customers of the MR&I System to cover--
    (1) MR&I System OM&R costs; and
    (2) any other costs relating to the construction and
    operation of the MR&I System.

    (j) Alienation and Taxation.--Conveyance of title to the Tribe
    pursuant to subsection (h) does not waive or alter any applicable
    Federal law prohibiting alienation or taxation of the MR&I System or the
    underlying Reservation land.

    [[Page 3104]]

    (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.

    [[Page 3105]]

    (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

    [[Page 3106]]

    (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.

    [[Page 3107]]

    (C) Administration.--
    (i) In general.--The Tribe shall administer
    the water allocated under paragraph (1) in
    accordance with the Compact.
    (ii) Temporary transfer.--In accordance with
    subsection (c), the Tribe may temporarily transfer
    by service contract, lease, exchange, or other
    agreement, not more than 50,000 acre-feet of water
    allocated under paragraph (1)(A) off the
    Reservation, subject to the approval of the
    Secretary and the requirements of the Compact.

    (b) Allocation Agreement.--
    (1) In general.--As a condition of receiving an allocation
    under this section, the Tribe shall enter into an allocation
    agreement with the Secretary to establish the terms and
    conditions of the allocation, in accordance with the terms and
    conditions of the Compact and this title.
    (2) Inclusions.--The allocation agreement under paragraph
    (1) shall include, among other things, a provision that--
    (A) the agreement is without limit as to term;
    (B) the Tribe, and not the United States, shall be
    entitled to all consideration due to the Tribe under any
    lease, contract, or agreement the Tribe may enter into
    pursuant to the authority in subsection (c);
    (C) the United States shall have no trust obligation
    or other obligation to monitor, administer, or account
    for--
    (i) any funds received by the Tribe as
    consideration under any lease, contract, or
    agreement the Tribe may enter into pursuant to the
    authority in subsection (c); or
    (ii) the expenditure of such funds;
    (D) if the facilities at Yellowtail Dam are
    significantly reduced or are anticipated to be
    significantly reduced for an extended period of time,
    the Tribe shall have the same storage rights as other
    storage contractors with respect to the allocation under
    this section;
    (E) the costs associated with the construction of
    the storage facilities at Yellowtail Dam allocable to
    the Tribe--
    (i) shall be nonreimbursable; and
    (ii) shall be excluded from any repayment
    obligation of the Tribe;
    (F) no water service capital charges shall be due or
    payable for any water allocated to the Tribe pursuant to
    this title and the allocation agreement, regardless of
    whether that water is delivered for use by the Tribe or
    is delivered under any leases, contracts, or agreements
    the Tribe may enter into pursuant to the authority in
    subsection (c);
    (G) the Tribe shall not be required to make payments
    to the United States for any water allocated to the
    Tribe pursuant to this title and the allocation
    agreement except for each acre-foot of stored water
    leased or sold for industrial purposes; and
    (H) for each acre-foot of stored water leased or
    sold by the Tribe for industrial purposes--
    (i) <>  the Tribe shall pay
    annually to the United States an amount to cover
    the proportionate share

    [[Page 3108]]

    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,

    [[Page 3109]]

    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.

    [[Page 3110]]

    (3) Waiver and release of claims by the tribe against the
    united states.--Subject to the retention of rights set forth in
    subsection (c), the Tribe, on behalf of itself and the members
    of the Tribe (but not Tribal members in their capacities as
    allottees), is authorized to execute a waiver and release of--
    (A) all claims against the United States, including
    the agencies and employees of the United States,
    relating to claims for water rights within the State of
    Montana that the United States, acting as trustee for
    the Tribe, asserted, or could have asserted, in any
    proceeding, including the State of Montana stream
    adjudication, except to the extent that such rights are
    recognized as tribal water rights in this title,
    including all claims relating in any manner to the
    claims reserved against the United States or agencies or
    employees of the United States in section 4(e) of the
    joint stipulation of settlement;
    (B) all claims against the United States, including
    the agencies and employees of the United States,
    relating to damages, losses, or injuries to water, water
    rights, land, or natural resources due to loss of water
    or water rights (including damages, losses, or injuries
    to hunting, fishing, gathering, or cultural rights due
    to loss of water or water rights, claims relating to
    interference with, diversion or taking of water, or
    claims relating to failure to protect, acquire, replace,
    or develop water, water rights, or water infrastructure)
    within the State of Montana that first accrued at any
    time prior to and including the enforceability date,
    including all claims relating to the failure to
    establish or provide a municipal rural or industrial
    water delivery system on the Reservation and all claims
    relating to the failure to provide for, operate, or
    maintain the Crow Irrigation Project, or any other
    irrigation system or irrigation project on the
    Reservation;
    (C) all claims against the United States, including
    the agencies and employees of the United States,
    relating to the pending litigation of claims relating to
    the water rights of the Tribe in the State of Montana;
    (D) all claims against the United States, including
    the agencies and employees of the United States,
    relating to the negotiation, execution, or the adoption
    of the Compact (including exhibits) or this title;
    (E) subject to the retention of rights set forth in
    subsection (c), all claims for monetary damages against
    the United States that first accrued at any time prior
    to and including the enforceability date with respect
    to--
    (i) the failure to recognize or enforce the
    claim of the Tribe of title to land created by the
    movement of the Bighorn River; and
    (ii) the failure to make productive use of
    that land created by the movement of the Bighorn
    River to which the Tribe has claimed title;
    (F) all claims against the United States that first
    accrued at any time prior to and including the
    enforceability date arising from the taking or
    acquisition of the land of the Tribe or resources for
    the construction of the Yellowtail Dam;

    [[Page 3111]]

    (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.);

    [[Page 3112]]

    (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

    [[Page 3113]]

    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.--

    [[Page 3114]]

    (1) In general.--The Secretary of the Treasury shall
    promptly deposit in the Fund any amounts appropriated for that
    purpose.
    (2) Priority of deposits to accounts.--Of the amounts
    appropriated for deposit in the Fund, the Secretary of the
    Treasury shall deposit amounts in the accounts listed in
    subsection (c)--
    (A) in full; and
    (B) in the order listed in subsection (c).

    (e) Management.--
    (1) In general.--The Secretary shall manage the Fund, make
    investments from the Fund, and make amounts available from the
    Fund for distribution to the Tribe consistent with the American
    Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001
    et seq.).
    (2) <>  Investment of crow settlement
    fund.--Beginning on the enforceability date, the Secretary shall
    invest amounts in the Fund in accordance with--
    (A) the Act of April 1, 1880 (25 U.S.C. 161);
    (B) the first section of the Act of June 24, 1938
    (25 U.S.C. 162a); and
    (C) the obligations of Federal corporations and
    Federal Government-sponsored entities, the charter
    documents of which provide that the obligations of the
    entities are lawful investments for federally managed
    funds, including--
    (i) the obligations of the United States
    Postal Service described in section 2005 of title
    39, United States Code;
    (ii) bonds and other obligations of the
    Tennessee Valley Authority described in section
    15d of the Tennessee Valley Authority Act of 1933
    (16 U.S.C. 831n-4);
    (iii) mortgages, obligations, and other
    securities of the Federal Home Loan Mortgage
    Corporation described in section 303 of the
    Federal Home Loan Mortgage Corporation Act (12
    U.S.C. 1452); and
    (iv) bonds, notes, and debentures of the
    Commodity Credit Corporation described in section
    4 of the Act of March 8, 1938 (15 U.S.C. 713a-4).
    (3) Distributions from crow settlement fund.--
    (A) In general.--Amounts from the Fund shall be used
    for each purpose described in subparagraphs (B) through
    (E).
    (B) Tribal compact administration account.--The
    Tribal Compact Administration account shall be used for
    expenditures by the Tribe for Tribal Compact
    Administration.
    (C) Energy development projects account.--The Energy
    Development Projects account shall be used for
    expenditures by the Tribe for the following types of
    energy development on the Reservation, the ceded strip,
    and land owned by the Tribe:
    (i) Development and marketing of power
    generation on the Yellowtail Afterbay Dam
    authorized in section 412(b).
    (ii) Development of clean coal conversion
    projects.

    [[Page 3115]]

    (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--

    [[Page 3116]]

    (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

    [[Page 3117]]

    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

    [[Page 3118]]

    for the Yellowtail Afterbay Dam, provided that any
    increase in operation, maintenance, and
    replacement costs assessed to the Tribe may not
    exceed--
    (I) 5 percent in any 5 year period;
    and
    (II) 3 percent of the gross annual
    revenue produced by the sale of
    electricity generated by such project.
    (4) Use of power by tribe.--Any hydroelectric power
    generated in accordance with this subsection shall be used or
    marketed by the Tribe.
    (5) Revenues.--The Tribe shall retain any revenues from the
    sale of hydroelectric power generated by a project under this
    subsection.
    (6) Liability of united states.--The United States shall
    have no trust obligation to monitor, administer, or account
    for--
    (A) the revenues received by the Tribe under this
    subsection; or
    (B) the expenditure of the revenues received by the
    Tribe under this subsection.

    (c) <>  Consultation With Tribe.--The Bureau of
    Reclamation shall consult with the Tribe on at least a quarterly basis
    on all issues relating to the management of Yellowtail Dam by the Bureau
    of Reclamation.

    (d) <>  Amendments to Compact and Plan.--The
    provisions of subsection (a) apply to any amendment to--
    (1) the Compact; or
    (2) the Streamflow and Lake Level Management Plan.
    SEC. 413. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as
    provided in subsections (a) through (c) of section 208 of the Department
    of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this
    title waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this title
    quantifies or diminishes any land or water right, or any claim or
    entitlement to land or water, of an Indian tribe, band, or community
    other than the Tribe.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian
    land within the Reservation or the ceded strip--
    (1) the United States shall not submit against any Indian-
    owned land located within the Reservation or the ceded strip any
    claim for reimbursement of the cost to the United States of
    carrying out this title and the Compact; and
    (2) no assessment of any Indian-owned land located within
    the Reservation or the ceded strip shall be made regarding that
    cost.

    (d) Limitation on Liability of United States.--
    (1) In general.--The United States has no trust or other
    obligation--
    (A) to monitor, administer, or account for, in any
    manner, any funds provided to the Tribe by any party to
    the Compact other than the United States; or
    (B) to review or approve any expenditure of those
    funds.

    [[Page 3119]]

    (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.

    [[Page 3120]]

    (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

    [[Page 3121]]

    transfer to the Secretary $47,000,000, adjusted to reflect changes in
    appropriate cost indices during the period beginning on the date of
    enactment of this Act and ending on the date of the transfer, for MR&I
    System OM&R.
    (f) CIP OM&R.--Out of any funds in the Treasury not otherwise
    appropriated, the Secretary of the Treasury shall transfer to the
    Secretary $10,000,000, adjusted to reflect changes in appropriate cost
    indices during the period beginning on the date of enactment of this Act
    and ending on the date of the transfer, for CIP OM&R.
    (g) Use.--In addition to the uses authorized under subsections (a)
    and (b), such amounts as may be necessary of the amounts made available
    under those subsections may be used to carry out related activities
    necessary to comply with Federal environmental and cultural resource
    laws.
    (h) Account Transfers.--
    (1) In general.--The Secretary may transfer from the amounts
    made available under subsection (a) such amounts as the
    Secretary, with the concurrence of the Tribe, determines to be
    necessary to supplement the amounts made available under
    subsection (b), on a determination of the Secretary, in
    consultation with the Tribe, that such a transfer is in the best
    interest of the Tribe.
    (2) Other approved transfers.--The Secretary may transfer
    from the amounts made available under subsection (b) such
    amounts as the Secretary, with the concurrence of the Tribe,
    determines to be necessary to supplement the amounts made
    available under subsection (a), on a determination of the
    Secretary, in consultation with the Tribe, that such a transfer
    is in the best interest of the Tribe.

    (i) Receipt and Acceptance.--The Secretary shall be entitled to
    receive, shall accept, and shall use to carry out this section the funds
    transferred under subsections (a) through (f), without further
    appropriation.
    SEC. 415. <>
    REPEAL ON FAILURE TO MEET ENFORCEABILITY
    DATE.

    If the Secretary does not publish a statement of findings under
    section 410(e) not later than March 31, 2016, or the extended date
    agreed to by the Tribe and the Secretary, after reasonable notice to the
    State of Montana, as applicable--
    (1) <>  this title is repealed
    effective April 1, 2016, or the day after the extended date
    agreed to by the Tribe and the Secretary after reasonable notice
    to the State of Montana, whichever is later;
    (2) any action taken by the Secretary and any contract or
    agreement pursuant to the authority provided under any provision
    of this title shall be void;
    (3) any amounts made available under section 414, together
    with any interest on those amounts, shall immediately revert to
    the general fund of the Treasury;
    (4) any amounts made available under section 414 that remain
    unexpended shall immediately revert to the general fund of the
    Treasury; and
    (5) the United States shall be entitled to set off against
    any claims asserted by the Tribe against the United States
    relating to water rights--
    (A) any funds expended or withdrawn from the amounts
    made available pursuant to this title; and

    [[Page 3122]]

    (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

    [[Page 3123]]

    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;

    [[Page 3124]]

    (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).

    [[Page 3125]]

    (B) Description.--The expenditure plan shall
    describe the manner in which, and the purposes for
    which, amounts remaining in the Fund will be used.
    (C) Approval.--On receipt of an expenditure plan
    under subparagraph (A), the Secretary shall approve the
    plan if the Secretary determines that the plan is
    reasonable and consistent with this title.
    (5) Annual report.--The Pueblo shall submit to the Secretary
    an annual report that describes all expenditures from the Fund
    during the year covered by the report.

    (f) Amounts Available on Appropriation.--Notwithstanding subsection
    (d), $15,000,000 of the monies deposited in the Fund--
    (1) shall be available upon appropriation or availability of
    the funds from other authorized sources for the Pueblo's
    acquisition of water rights pursuant to Article 5.1.1.2.3 of the
    Settlement Agreement, the Buffalo Pasture Recharge Project,
    implementation of the Pueblo's water rights acquisition program
    and water management and administration system, the design,
    planning, engineering, permitting or construction of water or
    wastewater infrastructure eligible for funding under subsection
    (a), or costs related to the negotiation, authorization, and
    implementation of the Settlement Agreement, provided that such
    funds may be expended prior to the Enforcement Date only for
    activities which are determined by the Secretary to be more cost
    effective when implemented as early as possible; and
    (2) <>  shall be distributed by the Secretary
    to the Pueblo on receipt by the Secretary from the Pueblo of a
    written notice and a Tribal Council resolution that describes
    the purposes under paragraph (1) for which the monies will be
    used after a cost-effectiveness determination by the Secretary
    has been made as described in paragraph
    (1). <>  The Secretary shall make the
    determination described in paragraph (1) within a reasonable
    period of time after receipt of the notice and resolution.

    (g) No Per Capita Distributions.--No portion of the Fund shall be
    distributed on a per capita basis to members of the Pueblo.
    SEC. 506. MARKETING.

    (a) Pueblo Water Rights.--Subject to the approval of the Secretary
    in accordance with subsection (e), the Pueblo may market water rights
    secured to it under the Settlement Agreement and Partial Final Decree,
    provided that such marketing is in accordance with this section.
    (b) Pueblo Contract Rights to San Juan-Chama Project Water.--Subject
    to the approval of the Secretary in accordance with subsection (e), the
    Pueblo may subcontract water made available to the Pueblo under the
    contract authorized under section 508(b)(1)(A) to third parties to
    supply water for use within or without the Taos Valley, provided that
    the delivery obligations under such subcontract are not inconsistent
    with the Secretary's existing San Juan-Chama Project obligations and
    such subcontract is in accordance with this section.
    (c) Limitation.--
    (1) In general.--Diversion or use of water off Pueblo lands
    pursuant to Pueblo water rights or Pueblo contract rights to San
    Juan-Chama Project water shall be subject to and not
    inconsistent with the same requirements and conditions of State

    [[Page 3126]]

    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.

    [[Page 3127]]

    (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

    [[Page 3128]]

    be absorbed by the United States Treasury or otherwise
    appropriated to the Department of the Interior.
    SEC. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND
    CONDITIONS PRECEDENT.

    (a) Ratification.--
    (1) In general.--Except to the extent that any provision of
    the Settlement Agreement conflicts with any provision of this
    title, the Settlement Agreement is authorized, ratified, and
    confirmed.
    (2) Amendments.--To the extent amendments are executed to
    make the Settlement Agreement consistent with this title, such
    amendments are also authorized, ratified, and confirmed.

    (b) Execution of Settlement Agreement.--To the extent that the
    Settlement Agreement does not conflict with this title, the Secretary
    shall execute the Settlement Agreement, including all exhibits to the
    Settlement Agreement requiring the signature of the Secretary and any
    amendments necessary to make the Settlement Agreement consistent with
    this title, after the Pueblo has executed the Settlement Agreement and
    any such amendments.
    (c) Funding.--
    (1) Taos pueblo water development fund.--
    (A) Mandatory appropriation.--Out of any funds in
    the Treasury not otherwise appropriated, the Secretary
    of the Treasury shall transfer to the Secretary for
    deposit in the Taos Pueblo Water Development Fund
    established by section 505(a), for the period of fiscal
    years 2011 through 2016, $50,000,000, as adjusted by
    such amounts as may be required due to increases since
    April 1, 2007, in construction costs, as indicated by
    engineering cost indices applicable to the types of
    construction or rehabilitation involved.
    (B) Authorization of appropriations.--In addition to
    the amount made available under subparagraph (A), there
    is authorized to be appropriated to the Secretary for
    deposit in the Taos Pueblo Water Development Fund
    established by section 505(a) $38,000,000, as adjusted
    by such amounts as may be required due to increases
    since April 1, 2007, in construction costs, as indicated
    by engineering cost indices applicable to the types of
    construction or rehabilitation involved, for the period
    of fiscal years 2011 through 2016.
    (2) Mutual-benefit projects funding.--
    (A) Funding.--
    (i) Mandatory appropriation.--Out of any funds
    in the Treasury not otherwise appropriated, the
    Secretary of the Treasury shall transfer to the
    Secretary to provide grants pursuant to section
    507 $16,000,000 for the period of fiscal years
    2011 through 2016.
    (ii) Authorization of appropriations.--In
    addition to the amount made available under clause
    (i), there is authorized to be appropriated to the
    Secretary to provide grants pursuant to section
    507 $20,000,000 for the period of fiscal years
    2011 through 2016.
    (B) Deposit in fund.--The Secretary shall deposit
    the funds made available pursuant to subparagraph (A)
    into a noninterest-bearing fund, to be known as the
    ``Taos

    [[Page 3129]]

    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

    [[Page 3130]]

    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,

    [[Page 3131]]

    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

    [[Page 3132]]

    Valley that first accrued at any time up to and including the
    Enforcement Date;
    (3) all claims against the United States, its agencies, or
    employees for an accounting of funds appropriated by the Act of
    March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931 (46
    Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757), the Act
    of August 9, 1937 (50 Stat. 564), and the Act of May 9, 1938 (52
    Stat. 291), as authorized by the Pueblo Lands Act of June 7,
    1924 (43 Stat. 636), and the Pueblo Lands Act of May 31, 1933
    (48 Stat. 108), and for breach of trust relating to funds for
    water replacement appropriated by said Acts that first accrued
    before the date of enactment of this Act;
    (4) all claims against the United States, its agencies, or
    employees relating to the pending litigation of claims relating
    to the Pueblo's water rights in New Mexico v. Abeyta and New
    Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-
    BB (U.S. D.N.M.) (consolidated); and
    (5) all claims against the United States, its agencies, or
    employees relating to the negotiation, Execution or the adoption
    of the Settlement Agreement, exhibits thereto, the Final Decree,
    or this title.

    (c) Reservation of Rights and Retention of Claims.--Notwithstanding
    the waivers and releases authorized in this title, the Pueblo on behalf
    of itself and its members and the United States acting in its capacity
    as trustee for the Pueblo retain--
    (1) all claims for enforcement of the Settlement Agreement,
    the Final Decree, including the Partial Final Decree, the San
    Juan-Chama Project contract between the Pueblo and the United
    States, or this title;
    (2) all claims against persons other than the Parties to the
    Settlement Agreement for damages, losses or injuries to water
    rights or claims of interference with, diversion or taking of
    water rights (including but not limited to claims for injury to
    lands resulting from such damages, losses, injuries,
    interference with, diversion, or taking of water rights) within
    the Taos Valley arising out of activities occurring outside the
    Taos Valley or the Taos Valley Stream System;
    (3) all rights to use and protect water rights acquired
    after the date of enactment of this Act;
    (4) all rights to use and protect water rights acquired
    pursuant to State law, to the extent not inconsistent with the
    Partial Final Decree and the Settlement Agreement (including
    water rights for the land the Pueblo owns in Questa, New
    Mexico);
    (5) all claims relating to activities affecting the quality
    of water including but not limited to any claims the Pueblo
    might have under the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
    (including but not limited to claims for damages to natural
    resources), the Safe Drinking Water Act (42 U.S.C. 300f et
    seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.), and the regulations implementing those Acts;
    (6) all claims relating to damages, losses, or injuries to
    land or natural resources not due to loss of water or water
    rights (including but not limited to hunting, fishing,
    gathering, or cultural rights); and

    [[Page 3133]]

    (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,

    [[Page 3134]]

    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--

    [[Page 3135]]

    (A) describes the location, capacity, and management
    (including the distribution of water to customers) of
    the Regional Water System; and
    (B) allocates the costs of the Regional Water System
    with respect to--
    (i) the construction, operation, maintenance,
    and repair of the Regional Water System;
    (ii) rights-of-way for the Regional Water
    System; and
    (iii) the acquisition of water rights.
    (6) County.--The term ``County'' means Santa Fe County, New
    Mexico.
    (7) County distribution system.--The term ``County
    Distribution System'' means the portion of the Regional Water
    System that serves water customers on non-Pueblo land in the
    Pojoaque Basin.
    (8) County water utility.--The term ``County Water Utility''
    means the water utility organized by the County to--
    (A) receive water distributed by the Authority; and
    (B) provide the water received under subparagraph
    (A) to customers on non-Pueblo land in the Pojoaque
    Basin.
    (9) Engineering report.--The term ``Engineering Report''
    means the report entitled ``Pojoaque Regional Water System
    Engineering Report'' dated September 2008 and any amendments
    thereto, including any modifications which may be required by
    section 611(d)(2).
    (10) Fund.--The term ``Fund'' means the Aamodt Settlement
    Pueblos' Fund established by section 615(a).
    (11) Operating agreement.--The term ``Operating Agreement''
    means the agreement between the Pueblos and the County executed
    under section 612(a).
    (12) Operations, maintenance, and replacement costs.--
    (A) In general.--The term ``operations, maintenance,
    and replacement costs'' means all costs for the
    operation of the Regional Water System that are
    necessary for the safe, efficient, and continued
    functioning of the Regional Water System to produce the
    benefits described in the Settlement Agreement.
    (B) Exclusion.--The term ``operations, maintenance,
    and replacement costs'' does not include construction
    costs or costs related to construction design and
    planning.
    (13) Pojoaque basin.--
    (A) In general.--The term ``Pojoaque Basin'' means
    the geographic area limited by a surface water divide
    (which can be drawn on a topographic map), within which
    area rainfall and runoff flow into arroyos, drainages,
    and named tributaries that eventually drain to--
    (i) the Rio Pojoaque; or
    (ii) the 2 unnamed arroyos immediately south;
    and
    (iii) 2 arroyos (including the Arroyo Alamo)
    that are north of the confluence of the Rio
    Pojoaque and the Rio Grande.
    (B) Inclusion.--The term ``Pojoaque Basin'' includes
    the San Ildefonso Eastern Reservation recognized by
    section 8 of Public Law 87-231 (75 Stat. 505).

    [[Page 3136]]

    (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).

    [[Page 3137]]

    (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.

    [[Page 3138]]

    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

    [[Page 3139]]

    described in the Cost-Sharing and System Integration Agreement
    for construction of the Regional Water System and would
    necessitate funds in excess of the amount made available
    pursuant to section 617(a)(1), the Secretary shall initiate
    negotiations with the parties to the Cost-Sharing and System
    Integration Agreement for an agreement regarding non-Federal
    contributions to ensure that the Regional Water System can be
    completed as required by section 623(e).
    (2) Joint responsibilities.--The United States shall not
    bear the entire amount of any cost overrun, nor shall the State
    be responsible to pay any amounts in addition to the amounts
    specified in the Cost-Sharing and System Integration Agreement.

    (h) Conveyance of Regional Water System Facilities.--
    (1) In general.--Subject to paragraph (2), on completion of
    the construction of the Regional Water System as defined in
    section 623(e), the Secretary, in accordance with the Operating
    Agreement, shall convey to--
    (A) each Pueblo the portion of any Pueblo Water
    Facility that is located within the boundaries of the
    Pueblo, including any land or interest in land located
    within the boundaries of the Pueblo that is acquired by
    the United States for the construction of the Pueblo
    Water Facility;
    (B) the County the County Distribution System,
    including any land or interest in land acquired by the
    United States for the construction of the County
    Distribution System; and
    (C) the Authority any portions of the Regional Water
    System that remain after making the conveyances under
    subparagraphs (A) and (B), including any land or
    interest in land acquired by the United States for the
    construction of the portions of the Regional Water
    System.
    (2) Conditions for conveyance.--The Secretary shall not
    convey any portion of the Regional Water System facilities under
    paragraph (1) until the date on which--
    (A) construction of the Regional Water System is
    substantially complete, as defined in section 623(e);
    and
    (B) the Operating Agreement is executed in
    accordance with section 612.
    (3) Subsequent conveyance.--On conveyance by the Secretary
    under paragraph (1), the Pueblos, the County, and the Authority
    shall not reconvey any portion of the Regional Water System
    conveyed to the Pueblos, the County, and the Authority,
    respectively, unless the reconveyance is authorized by an Act of
    Congress enacted after the date of enactment of this Act.
    (4) Interest of the united states.--On conveyance of a
    portion of the Regional Water System under paragraph (1), the
    United States shall have no further right, title, or interest in
    and to the portion of the Regional Water System conveyed.
    (5) Additional construction.--On conveyance of a portion of
    the Regional Water System under paragraph (1), the Pueblos,
    County, or the Authority, as applicable, may, at the expense of
    the Pueblos, County, or the Authority, construct any additional
    infrastructure that is necessary to fully use the water
    delivered by the Regional Water System.
    (6) Taxation.--Conveyance of title to any portion of the
    Regional Water System, the Pueblo Water Facilities, or the

    [[Page 3140]]

    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;

    [[Page 3141]]

    (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.

    [[Page 3142]]

    (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

    [[Page 3143]]

    (C) the construction costs associated with any water
    made available from the San Juan-Chama Project which
    were determined nonreimbursable and nonreturnable
    pursuant to Public Law No. 88-293, 78 Stat. 171 (March
    26, 1964), shall remain nonreimbursable and
    nonreturnable.
    (2) Termination.--The contract shall provide that it shall
    terminate only on--
    (A) failure of the United States District Court for
    the District of New Mexico to enter a final decree for
    the Aamodt Case by the expiration date described in
    section 623(b), or within the time period of any
    extension of that deadline granted by the court; or
    (B) entry of an order by the United States District
    Court for the District of New Mexico voiding the final
    decree and Settlement Agreement for the Aamodt Case
    pursuant to section 10.3 of the Settlement Agreement.

    (f) Limitation.--The Secretary shall use the water supply secured
    under subsection (a) only for the purposes described in the Settlement
    Agreement.
    (g) Fulfillment of Water Supply Acquisition Obligations.--Compliance
    with subsections (a) through (f) shall satisfy any and all obligations
    of the Secretary to acquire or secure a water supply for the Pueblos
    pursuant to the Settlement Agreement.
    (h) Rights of Pueblos in Settlement Agreement Unaffected.--
    Notwithstanding the provisions of subsections (a) through (g), the
    Pueblos, the County or the Regional Water Authority may acquire any
    additional water rights to ensure all parties to the Settlement
    Agreement receive the full allocation of water provided by the
    Settlement Agreement and nothing in this title amends or modifies the
    quantities of water allocated to the Pueblos thereunder.
    SEC. 614. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM
    CAPACITY AND WATER.

    (a) Allocation of Regional Water System Capacity.--
    (1) In general.--The Regional Water System shall have the
    capacity to divert from the Rio Grande a quantity of water
    sufficient to provide--
    (A) up to 4,000 acre-feet of consumptive use of
    water; and
    (B) the requisite peaking capacity described in--
    (i) the Engineering Report; and
    (ii) the final project design.
    (2) Allocation to the pueblos and county water utility.--Of
    the capacity described in paragraph (1)--
    (A) there shall be allocated to the Pueblos--
    (i) sufficient capacity for the conveyance of
    2,500 acre-feet consumptive use; and
    (ii) the requisite peaking capacity for the
    quantity of water described in clause (i); and
    (B) there shall be allocated to the County Water
    Utility--
    (i) sufficient capacity for the conveyance of
    up to 1,500 acre-feet consumptive use; and
    (ii) the requisite peaking capacity for the
    quantity of water described in clause (i).

    [[Page 3144]]

    (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.

    [[Page 3145]]

    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

    [[Page 3146]]

    and consistent with this title, the Settlement
    Agreement, and the Cost-Sharing and System Integration
    Agreement.
    (D) Annual report.--The Pueblos shall submit to the
    Secretary an annual report that describes all
    expenditures from the Fund during the year covered by
    the report.
    (6) No per capita payments.--No part of the principal of the
    Fund, or the interest or income accruing on the principal shall
    be distributed to any member of a Pueblo on a per capita basis.
    (7) Availability of amounts from the fund.--
    (A) Approval of settlement agreement.--
    (i) In general.--Except as provided in clause
    (ii), amounts made available under section
    617(c)(1), or from other authorized sources, shall
    be available for expenditure or withdrawal only
    after the publication of the statement of findings
    required by section 623(a)(1).
    (ii) Exception.--Notwithstanding clause (i),
    the amounts described in that clause may be
    expended before the date of publication of the
    statement of findings under section 623(a)(1) for
    any activity that is more cost-effective when
    implemented in conjunction with the construction
    of the Regional Water System, as determined by the
    Secretary.
    (B) Completion of certain portions of regional water
    system.--Amounts made available under section 617(c)(1)
    or from other authorized sources shall be available for
    expenditure or withdrawal only after those portions of
    the Regional Water System described in section 1.5.24 of
    the Settlement Agreement have been declared
    substantially complete by the Secretary.
    SEC. 616. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--In carrying out this subtitle, the Secretary shall
    comply with each law of the Federal Government relating to the
    protection of the environment, including--
    (1) the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.); and
    (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.).

    (b) National Environmental Policy Act.--Nothing in this title
    affects the outcome of any analysis conducted by the Secretary or any
    other Federal official under the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.).
    SEC. 617. FUNDING.

    (a) Regional Water System.--
    (1) Funding.--
    (A) Mandatory appropriation.--Subject to paragraph
    (5), out of any funds in the Treasury not otherwise
    appropriated, the Secretary of the Treasury shall
    transfer to the Secretary for the planning, design, and
    construction of the Regional Water System and the
    conduct of environmental compliance activities under
    section 616 an amount not to exceed $56,400,000, as
    adjusted under paragraph (4), for the period of fiscal
    years 2011 through 2016, to remain available until
    expended.

    [[Page 3147]]

    (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:

    [[Page 3148]]

    (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.

    [[Page 3149]]

    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

    [[Page 3150]]

    Government relating to the protection of the environment, including--
    (1) the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.); and
    (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.).
    SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

    (a) Conditions Precedent.--
    (1) <>  In general.--
    Upon the fulfillment of the conditions precedent described in
    paragraph (2), the Secretary shall publish in the Federal
    Register by September 15, 2017, a statement of findings that the
    conditions have been fulfilled.
    (2) Requirements.--The conditions precedent referred to in
    paragraph (1) are the conditions that--
    (A) to the extent that the Settlement Agreement
    conflicts with this subtitle, the Settlement Agreement
    has been revised to conform with this subtitle;
    (B) the Settlement Agreement, so revised, including
    waivers and releases pursuant to section 624, has been
    executed by the appropriate parties and the Secretary;
    (C) Congress has fully appropriated, or the
    Secretary has provided from other authorized sources,
    all funds authorized by section 617, with the exception
    of subsection (a)(1) of that section;
    (D) the Secretary has acquired and entered into
    appropriate contracts for the water rights described in
    section 613(a);
    (E) for purposes of section 613(a), permits have
    been issued by the New Mexico State Engineer to the
    Regional Water Authority to change the points of
    diversion to the mainstem of the Rio Grande for the
    diversion and consumptive use of at least 2,381 acre-
    feet by the Pueblos as part of the water supply for the
    Regional Water System, subject to the conditions that--
    (i) the permits shall be free of any condition
    that materially adversely affects the ability of
    the Pueblos or the Regional Water Authority to
    divert or use the Pueblo water supply described in
    section 613(a), including water rights acquired in
    addition to those described in section 613(a), in
    accordance with section 613(g); and
    (ii) the Settlement Agreement shall establish
    the means to address any permit conditions to
    ensure the ability of the Pueblos to fully divert
    and consume at least 2,381 acre-feet as part of
    the water supply for the Regional Water System,
    including defining the conditions that will not
    constitute a material adverse affect;
    (F) the State has enacted any necessary legislation
    and provided any funding that may be required under the
    Settlement Agreement;
    (G) a partial final decree that sets forth the water
    rights and other rights to water to which the Pueblos
    are entitled under the Settlement Agreement and this
    subtitle and that substantially conforms to the
    Settlement

    [[Page 3151]]

    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.

    [[Page 3152]]

    (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).

    [[Page 3153]]

    (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

    [[Page 3154]]

    up to and including the waiver effectiveness date identified in
    section 623(d);
    (4) their defenses in the Aamodt Case to the claims
    previously asserted therein by other parties to the Settlement
    Agreement;
    (5) all pending and future inter se challenges to the
    quantification and priority of water rights of non-Pueblo wells
    in the Pojoaque Basin, except as provided by section 2.8 of the
    Settlement Agreement;
    (6) all pending and future inter se challenges against other
    parties to the Settlement Agreement;
    (7) all claims for damages, losses, or injuries to water
    rights or claims of interference with, diversion or taking of
    water (including claims for injury to land resulting from such
    damages, losses, injuries, interference with, diversion, or
    taking of water) attributable to City of Santa Fe pumping of
    groundwater that has effects on the ground and surface water
    supplies of the Pojoaque Basin, provided that this waiver shall
    not be effective by the Pueblo of Tesuque unless there is a
    water resources agreement executed between the Pueblo of Tesuque
    and the City of Santa Fe; and
    (8) all claims for damages, losses, or injuries to water
    rights or claims of interference with, diversion or taking of
    water (including claims for injury to land resulting from such
    damages, losses, injuries, interference with, diversion, or
    taking of water) attributable to County of Santa Fe pumping of
    groundwater that has effects on the ground and surface water
    supplies of the Pojoaque Basin.

    (b) Claims by the Pueblos Against the United States.--The Pueblos,
    on behalf of themselves and their members, are authorized to execute a
    waiver and release of--
    (1) all claims against the United States, its agencies, or
    employees, relating to claims for water rights in or water of
    the Pojoaque Basin or for rights to use water in the Pojoaque
    Basin that the United States acting in its capacity as trustee
    for the Pueblos asserted, or could have asserted, in any
    proceeding, including the Aamodt Case;
    (2) all claims against the United States, its agencies, or
    employees relating to damages, losses, or injuries to water,
    water rights, land, or natural resources due to loss of water or
    water rights (including damages, losses or injuries to hunting,
    fishing, gathering or cultural rights due to loss of water or
    water rights; claims relating to interference with, diversion or
    taking of water or water rights; or claims relating to failure
    to protect, acquire, replace, or develop water, water rights or
    water infrastructure) within the Pojoaque Basin that first
    accrued at any time up to and including the waiver effectiveness
    date identified in section 623(d);
    (3) all claims against the United States, its agencies, or
    employees for an accounting of funds appropriated by Acts,
    including the Act of December 22, 1927 (45 Stat. 2), the Act of
    March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 (46
    Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), the Act
    of March 4, 1931 (46 Stat. 1552), the Act of July 1, 1932 (47
    Stat. 525), the Act of June 22, 1936 (49 Stat. 1757), the Act of
    August 9, 1937 (50 Stat. 564), and the Act of May 9, 1938 (52
    Stat. 291), as authorized by the Pueblo

    [[Page 3155]]

    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--

    [[Page 3156]]

    (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

    [[Page 3157]]

    for deposit in the Reclamation Water Settlements Fund established in
    section 10501 of Public Law 111-11.
    (b) Receipt and Acceptance.--Starting in fiscal year 2012, the
    Secretary of the Interior shall be entitled to receive, shall accept,
    and shall use to carry out subtitle B of title X of Public Law 111-11
    the funds transferred under subsection (a), without further
    appropriation, to remain available until expended.

    TITLE VIII--GENERAL PROVISIONS

    Subtitle A--Unemployment Compensation Program Integrity

    SEC. 801. COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE DEBTS.

    (a) Unemployment Compensation Debts.--Section 6402(f) of the
    Internal Revenue Code of 1986 <>  is amended--
    (1) in the heading, by striking ``Resulting From Fraud'';
    (2) by striking paragraphs (3) and (8) and redesignating
    paragraphs (4) through (7) as paragraphs (3) through (6),
    respectively;
    (3) in paragraph (3), as so redesignated--
    (A) in subparagraph (A), by striking ``by certified
    mail with return receipt'';
    (B) in subparagraph (B), by striking ``due to
    fraud'' and inserting ``is not a covered unemployment
    compensation debt'';
    (C) in subparagraph (C), by striking ``due to
    fraud'' and inserting `` is not a covered unemployment
    compensation debt''; and
    (4) in paragraph (4), as so redesignated--
    (A) in subparagraph (A)--
    (i) by inserting ``or the person's failure to
    report earnings'' after ``due to fraud''; and
    (ii) by striking ``for not more than 10
    years''; and
    (B) in subparagraph (B)--
    (i) by striking ``due to fraud''; and
    (ii) by striking ``for not more than 10
    years''.

    (b) <>  Effective Date.--The amendments
    made by this section shall apply to refunds payable under section 6402
    of the Internal Revenue Code of 1986 on or after the date of the
    enactment of this Act.
    SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW
    HIRES.

    (a) Addition of Requirement.--Section 453A(b)(1)(A) of the Social
    Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting ``the
    date services for remuneration were first performed by the employee,''
    after ``of the employee,''.
    (b) Conforming Amendment Regarding Reporting Format and Method.--
    Section 453A(c) of the Social Security Act (42 U.S.C. 653a(c)) is
    amended by inserting ``, to the extent practicable,'' after ``Each
    report required by subsection (b) shall''.
    (c) <>  Effective Date.--

    [[Page 3158]]

    (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.

    [[Page 3159]]

    (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--

    [[Page 3160]]

    (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

    [[Page 3161]]

    ``(cc) the number of work-
    eligible individuals engaged in
    such activity exceeds a
    limitation under such section.
    ``(ii) Any other information that the
    Secretary determines appropriate with respect to
    the information required under clause (i),
    including if the individual has no hours of
    participation, the principal reason or reasons for
    such non-participation.
    ``(C) Expenditures on other benefits and services.--
    ``(i) Detailed, disaggregated information
    regarding the types of, and amounts of,
    expenditures made by the State during a reporting
    period specified in subparagraph (A) using--
    ``(I) Federal funds provided under
    section 403 that are (or will be)
    reported by the State on Form ACF-196
    (or any successor form) under the
    category of other expenditures or the
    category of benefits or services
    provided in accordance with the
    authority provided under section
    404(a)(2); or
    ``(II) State funds expended to meet
    the requirements of section 409(a)(7)
    and reported by the State in the
    category of other expenditures on Form
    ACF-196 (or any successor form).
    ``(ii) Any other information that the
    Secretary determines appropriate with respect to
    the information required under clause (i).
    ``(2) Publication of summary and analysis of engagement in
    additional activities.--Concurrent with the submission of each
    report required under paragraph (1)(A), an eligible State shall
    publish on an Internet website maintained by the State agency
    responsible for administering the State program funded under
    this part (or such State-maintained website as the Secretary may
    approve)--
    ``(A) a summary of the information submitted in the
    report:
    ``(B) an analysis statement regarding the extent to
    which the information changes measures of total
    engagement in work activities from what was (or will be)
    reported by the State in the quarterly report submitted
    under subsection (a) for the comparable period; and
    ``(C) a narrative describing the most common
    activities contained in the report that are not
    countable toward the State participation rates under
    section 407.
    ``(3) Application of authority to use sampling.--
    Subparagraph (B) of subsection (a)(1) shall apply to the reports
    required under paragraph (1) of this subsection in the same
    manner as subparagraph (B) of subsection (a)(1) applies to
    reports required under subparagraph (A) of subsection (a)(1).
    ``(4) Secretarial reports to congress.--
    ``(A) March 2011 report.--Not later than June 30,
    2011, the Secretary shall submit to Congress a report on
    the information submitted by eligible States for the
    March 2011 reporting period under paragraph (1)(A)(i).
    The report shall include a State-by-State summary and
    analysis of such information, identification of any
    States with missing or incomplete reports, and
    recommendations for such

    [[Page 3162]]

    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

    [[Page 3163]]

    (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''.

    [[Page 3164]]

    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.

    Approved December 8, 2010.

    LEGISLATIVE HISTORY--H.R. 4783:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Mar. 10, considered and passed House.
    Nov. 19, considered and passed Senate, amended.
    Nov. 30, House concurred in Senate amendments.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
    Dec. 8, Presidential remarks and statement.