[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''.
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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:
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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.