HR 5293 RH

To approve the settlement of the water rights claims of the Shoshone-Paiute Tribes of the Duck Valley Reservation in Nevada, to require the Secretary of the Interior to carry out the settlement, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) it is the policy of the United States, in accordance with the trust responsibility of the United States to Indian tribes, to promote Indian self-determination and economic self-sufficiency and to settle Indian water rights claims without lengthy and costly litigation, if practicable;CommentsClose CommentsPermalink





(2) quantifying rights to water and development of facilities needed to use tribal water supplies is essential to the development of viable Indian reservation economies and the establishment of a permanent reservation homeland;CommentsClose CommentsPermalink





(3) uncertainty concerning the extent of the Shoshone-Paiute Tribes’ water rights has resulted in limited access to water and inadequate financial resources necessary to achieve self-determination and self-sufficiency;CommentsClose CommentsPermalink





(4) in 2006, the Tribes, the State of Idaho, the affected individual water users, and the United States resolved all tribal claims to water rights in the Snake River Basin Adjudication through a consent decree entered by the District Court of the Fifth Judicial District of the State of Idaho, requiring no further Federal action to quantify the Tribes’ water rights in the State of Idaho;CommentsClose CommentsPermalink





(5) as of the date of enactment of this Act, proceedings to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada are pending before the Nevada State Engineer;CommentsClose CommentsPermalink





(6) final resolution of the Tribes’ water claims in the East Fork of the Owyhee River adjudication will--CommentsClose CommentsPermalink





(A) take many years;CommentsClose CommentsPermalink





(B) entail great expense;CommentsClose CommentsPermalink





(C) continue to limit the access of the Tribes to water, with economic and social consequences;CommentsClose CommentsPermalink





(D) prolong uncertainty relating to the availability of water supplies; andCommentsClose CommentsPermalink





(E) seriously impair long-term economic planning and development for all parties to the litigation;CommentsClose CommentsPermalink





(7) after many years of negotiation, the Tribes, the State, and the upstream water users have entered into a settlement agreement to resolve permanently all water rights of the Tribes in the State; andCommentsClose CommentsPermalink





(8) the Tribes also seek to resolve certain water-related claims for damages against the United States.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to resolve outstanding issues with respect to the East Fork of the Owyhee River in the State in such a manner as to provide important benefits to--CommentsClose CommentsPermalink





(A) the United States;CommentsClose CommentsPermalink





(B) the State;CommentsClose CommentsPermalink





(C) the Tribes; andCommentsClose CommentsPermalink





(D) the upstream water users;CommentsClose CommentsPermalink





(2) to achieve a fair, equitable, and final settlement of all claims of the Tribes, members of the Tribes, and the United States on behalf of the Tribes and members of Tribes to the waters of the East Fork of the Owyhee River in the State;CommentsClose CommentsPermalink





(3) to ratify and provide for the enforcement of the Agreement among the parties to the litigation;CommentsClose CommentsPermalink





(4) to resolve the Tribes’ water-related claims for damages against the United States;CommentsClose CommentsPermalink





(5) to require the Secretary to perform all obligations of the Secretary under the Agreement and this Act; andCommentsClose CommentsPermalink





(6) to authorize the actions and appropriations necessary to meet the obligations of the United States under the Agreement and this Act.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AGREEMENT- The term ‘Agreement’ means the agreement entitled the ‘Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee River’ and signed in counterpart between, on, or about September 22, 2006, and January 15, 2007 (including all attachments to that Agreement).CommentsClose CommentsPermalink





(2) DEVELOPMENT FUND- The term ‘Development Fund’ means the Shoshone-Paiute Tribes Water Rights Development Fund established by section 8(b)(1).CommentsClose CommentsPermalink





(3) EAST FORK OF THE OWYHEE RIVER- The term ‘East Fork of the Owyhee River’ means the portion of the east fork of the Owyhee River that is located in the State.CommentsClose CommentsPermalink





(4) MAINTENANCE FUND- The term ‘Maintenance Fund’ means the Shoshone-Paiute Tribes Operation and Maintenance Fund established by section 8(c)(1).CommentsClose CommentsPermalink





(5) RESERVATION- The term ‘Reservation’ means the Duck Valley Reservation established by the Executive order dated April 16, 1877, as adjusted pursuant to the Executive order dated May 4, 1886, and Executive order numbered 1222 and dated July 1, 1910, for use and occupation by the Western Shoshones and the Paddy Cap Band of Paiutes.CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means the State of Nevada.CommentsClose CommentsPermalink





(8) TRIBAL WATER RIGHTS- The term ‘tribal water rights’ means rights of the Tribes described in the Agreement relating to water, including groundwater, storage water, and surface water.CommentsClose CommentsPermalink





(9) TRIBES- The term ‘Tribes’ means the Shoshone-Paiute Tribes of the Duck Valley Reservation.CommentsClose CommentsPermalink





(10) UPSTREAM WATER USER- The term ‘upstream water user’ means a non-Federal water user that--CommentsClose CommentsPermalink





(A) is located upstream from the Reservation on the East Fork of the Owyhee River; andCommentsClose CommentsPermalink





(B) is a signatory to the Agreement as a party to the East Fork of the Owyhee River adjudication.CommentsClose CommentsPermalink

SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT; AUTHORIZATION.

(a) In General- Except as provided in subsection (c) and except to the extent that the Agreement otherwise conflicts with provisions of this Act, the Agreement is approved, ratified, and confirmed.CommentsClose CommentsPermalink





(b) Secretarial Authorization- The Secretary is authorized and directed to execute the Agreement as approved by Congress.CommentsClose CommentsPermalink





(c) Exception for Tribal Water Marketing- Notwithstanding any language in the Agreement to the contrary, nothing in this Act authorizes the Tribes to use or authorize others to use tribal water rights off the Reservation, other than use for storage at Wild Horse Reservoir for use on tribal land and for the allocation of 265 acre feet to Upstream Water Uupstream water users under the Agreement, or use on tribal land off the Reservation.CommentsClose CommentsPermalink





(d) Environmental Compliance- Execution of the Agreement by the Secretary under this section shall not constitute major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out all environmental compliance required by Federal law in implementing the Agreement.CommentsClose CommentsPermalink





(e) Performance of Obligations- The Secretary and any other head of a Federal agency obligated under the Agreement shall perform actions necessary to carry out an obligation under the Agreement in accordance with this Act.CommentsClose CommentsPermalink

SEC. 6. TRIBAL WATER RIGHTS.

(a) In General- Tribal water rights shall be held in trust by the United States for the benefit of the Tribes.CommentsClose CommentsPermalink





(b) Administration-CommentsClose CommentsPermalink





(1) ENACTMENT OF WATER CODE- Not later than 3 years after the date of enactment of this Act, the Tribes, in accordance with the provisionprovisions of the Tribes’ constitution and subject to the approval of the Secretary, shall enact a water code to administer tribal water rights.CommentsClose CommentsPermalink





(2) INTERIM ADMINISTRATION- The Secretary shall regulate the tribal water rights during the period beginning on the date of enactment of this Act and ending on the date on which the Tribes enact a water code under paragraph (1).CommentsClose CommentsPermalink





(c) Tribal Water Rights Not Subject to Loss- The tribal water rights shall not be subject to loss by abandonment, forfeiture, or nonuse.CommentsClose CommentsPermalink

SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT.

(a) Status of the Duck Valley Indian Irrigation Project- Nothing in this Act shall affect the status of the Duck Valley Indian Irrigation Project under Federal law.CommentsClose CommentsPermalink





(b) Capital Costs Nonreimbursable- The capital costs associated with the Duck Valley Indian Irrigation Project as the date of of the date of enactment of this Act, including any capital cost incurred with funds distributed under this Act for the Duck Valley Indian Irrigation Project, shall be nonreimbursable.CommentsClose CommentsPermalink

SEC. 8. DEVELOPMENT AND MAINTENANCE FUNDS.

(a) Definition of Funds- In this section, the term ‘Funds’ means--CommentsClose CommentsPermalink





(1) the Development Fund; andCommentsClose CommentsPermalink





(2) the Maintenance Fund.CommentsClose CommentsPermalink





(b) Development Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the ‘Shoshone-Paiute Tribes Water Rights Development Fund’.CommentsClose CommentsPermalink





(2) USE OF FUNDS-CommentsClose CommentsPermalink





The Tribes shall use amounts in (A) PRIORITY USE OF FUNDS FOR REHABILITATION- The Tribes shall use amounts in the Development Fund to-- CommentsClose CommentsPermalink





(i) rehabilitate the Duck Valley Indian Irrigation Project; orCommentsClose CommentsPermalink





(ii) for other purposes under subparagraph (B), provided that the Tribes have given written notification to the Secretary that--CommentsClose CommentsPermalink





(I) the Duck Valley Indian Irrigation Project has been rehabilitated to an acceptable condition; orCommentsClose CommentsPermalink





(II) sufficient funds will remain available from the Development Fund to rehabilitate and, if the Tribes choose, to expand the Duck Valley Indianthe Duck Valley Indian Irrigation Project, or for any of the to an acceptable condition after expending funds for other purposes under subparagraph (B).CommentsClose CommentsPermalink





(B) OTHER USES OF FUNDS- Once the Tribes have provided written notification as provided in subparagraph (A)(ii)(I) or (A)(ii)(II), the Tribes may use amounts from the Development Fund for any of the following purposes:CommentsClose CommentsPermalink





(Ai) To expand the Duck Valley Indian Irrigation Project.CommentsClose CommentsPermalink





(ii) To pay or reimburse costs incurred by the Tribes in acquiring land and water rights.CommentsClose CommentsPermalink





(Biii) For purposes of cultural preservation.CommentsClose CommentsPermalink





(Civ) To restore or improve fish or wildlife habitat.CommentsClose CommentsPermalink





(Dv) For fish or wildlife production, water resource development, or agricultural development.CommentsClose CommentsPermalink





(Evi) For water resource planning and development.CommentsClose CommentsPermalink





(Fvii) To pay the costs of--CommentsClose CommentsPermalink





(iI) designing and constructing water supply and sewer systems for tribal communities, including a water quality testing laboratory;CommentsClose CommentsPermalink





(iiII) other appropriate water-related projects and other related economic development projects;CommentsClose CommentsPermalink





(iiiIII) the development of a water code; andCommentsClose CommentsPermalink





(ivIV) other costs of implementing the Agreement.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- TFor each of fiscal years 2009 through 2013, there is authorized to be appropriated to the Secretary for deposit in the Development Fund $9,000,000 for each ofan amount equal to the sum of--CommentsClose CommentsPermalink





(A) $9,000,000; andCommentsClose CommentsPermalink





(B) the interest that would have accrued during the preceding fiscal years 2008 through 2012 on balances held in the Development Fund, as calculated using the applicable rate for interest-bearing obligations of the United States.CommentsClose CommentsPermalink





(c) Maintenance Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the ‘Shoshone-Paiute Tribes Operation and Maintenance Fund’.CommentsClose CommentsPermalink





(2) USE OF FUNDS- The Tribes shall use amounts in the Maintenance Fund to pay or provide reimbursement for--CommentsClose CommentsPermalink





(A) operation, maintenance, and replacement costs of the Duck Valley Indian Irrigation Project and other water-related projects funded under this Act; orCommentsClose CommentsPermalink





(B) operation, maintenance, and replacement costs of water supply and sewer systems for tribal communities, including the operation and maintenance costs of a water quality testing laboratory.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- TFor each of fiscal years 2009 through 2013, there is authorized to be appropriated to the Secretary for deposit in the Maintenance Fund $3,000,000 for each ofan amount equal to the sum of--CommentsClose CommentsPermalink





(A) $3,000,000; andCommentsClose CommentsPermalink





(B) the interest that would have accrued during the preceding fiscal years 2008 through 2012 on balances held in the Maintenance Fund, as calculated using the applicable rate for interest-bearing obligations of the United States.CommentsClose CommentsPermalink





(d) Estimate of Accrued Interest- The President’s budget submission shall include an estimate of the amount of interest that would have accrued under the subsections (b)(3)(B), (c)(3)(B), and (e)(2).CommentsClose CommentsPermalink





(e) Additional Authorization of Appropriations of Interest-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated an amount equal to the additional interest that would have accrued on amounts in the Funds during the period beginning on the date of completion of the event described in section 9(d)(3) and ending on the later of--CommentsClose CommentsPermalink





(A) the date of completion of the event described in section 9(d)(1); orCommentsClose CommentsPermalink





(B) the date of completion of the event described in section 9(d)(2).CommentsClose CommentsPermalink





(2) CALCULATION- The interest authorized to be appropriated under paragraph (1) shall be calculated using the applicable rate for interest-bearing obligations of the United States.CommentsClose CommentsPermalink





(f) Availability of Amounts From Funds- Amounts made available under subsections (b)(3) and (c)(3, (c)(3), and (e) shall be available for expenditure or withdrawal only after the effective date as set forth in section 9(d).CommentsClose CommentsPermalink





(eg) Administration of Funds- TUpon completion of the actions described in section 9(d), the Secretary, in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the Funds, including by investing amounts from the Funds in accordance with the Act of April 1, 1880 (25 U.S.C. 161), and the first section of the Act of June 24, 1938 (25 U.S.C. 162a).CommentsClose CommentsPermalink





(fh) Expenditures and Withdrawal-CommentsClose CommentsPermalink





(1) TRIBAL MANAGEMENT PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- The Tribes may withdraw all or part of 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.).CommentsClose CommentsPermalink





(B) 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 the Tribes spend any amounts withdrawn from the Funds in accordance with the purposes described in subsection (b)(2) or (c)(2).CommentsClose CommentsPermalink





(C) 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 Funds under the plan are used in accordance with this Act and the Agreement.CommentsClose CommentsPermalink





(D) LIABILITY- If the Tribes exercise 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.CommentsClose CommentsPermalink





(2) EXPENDITURE PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- The Tribes shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Funds that the Tribes do not withdraw under the tribal management plan.CommentsClose CommentsPermalink





(B) DESCRIPTION- The expenditure plan shall describe the manner in which, and the purposes for which, amounts of the Tribes remaining in the Funds will be used.CommentsClose CommentsPermalink





(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 Act and the Agreement.CommentsClose CommentsPermalink





(D) ANNUAL REPORT- For each Fund, the Tribes shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report.CommentsClose CommentsPermalink





(3) FUNDING AGREEMENT- Notwithstanding any other provision of this Act, on receipt of a request from the Tribes, the Secretary shall include an amount from funds made available under this section in the funding agreement of the Tribes under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.), for use in accordance with subsections (b)(2) and (c)(2). No amount made available under this Act may be requested until the waivers under section 9(a) take effect.CommentsClose CommentsPermalink





(gi) No Per Capita Payments- No amount from the Funds (including any amounts appropriated under subsections (b)(3)(B), (c)(3)(B), and (e)(1) for interest income accruingthat would have accrued to the Funds) shall be distributed to a member of the Tribes on a per capita basis.CommentsClose CommentsPermalink

SEC. 9. TRIBAL WAIVER AND RELEASE OF CLAIMS.

(a) Waiver and Release of Claims by Tribes and United States as Trustee for Tribes- The Tribes and the United States on behalf of the Tribes,Acting as Trustee for Tribes- In return for recognition of the Tribes’ water rights and other benefits as set forth in the Agreement and this Act, the Tribes, on behalf of themselves and their members, and the United States acting in its capacity as trustee for the Tribes are authorized to execute a waiver and release of--CommentsClose CommentsPermalink





(1) all claims for water rights in, or for waters of, the East Fork of the Owyhee River that the Tribes, or the United States as trustee for the Tribes, asserted the State of Nevada that the Tribes, or the United States acting in its capacity as trustee for the Tribes, asserted, or could have asserted in any court proceeding, in any proceeding, including pending proceedings before the Nevada State Engineer to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada, up to and including the effective date, except to the extent that such rights are recognized in the Agreement or this Act; andCommentsClose CommentsPermalink





(2) all claims for damages, losses, or injuries to water rights in the East Fork Owyhee River, including claims of interferenceor claims of interference with, diversion or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water that the Tribes, or the United States as trustee for the Tribes, asserted or could have asserted in any court proceedingsrights) within the State of Nevada that first accrued at any time up to and including the effective date.CommentsClose CommentsPermalink





(b) Waiver and Release of Claims Against the United States- The Tribesby Tribes Against United States- The Tribes, on behalf of themselves and their members, are authorized to execute a waiver and release of--CommentsClose CommentsPermalink





(1) all claims against the United States, its agencies, or employees, for water rights in, or waters of, the East Fork of the Owyhee River that the United States assertedrelating in any manner to claims for water rights in or water of the States of Nevada and Idaho that the United States acting in its capacity as trustee for the Tribes asserted, or could have asserted in any court proceeding;(2) all claims for, in any proceeding, including pending proceedings before the Nevada State Engineer to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada, or the Snake River Basin Adjudication in Idaho;CommentsClose CommentsPermalink





(2) all claims against the United States, its agencies, or employees relating in any manner to damages, losses, or injuries to water, water rights, including claims of interference, diversion,land, or other resources due to loss of water or water rights (including damages, losses or injuries to fishing and other similar rights due to loss of water or water rights; claims relating to interference with, diversion or taking of water, or claims for; or claims relating to failure to protect, acquire, or develop water or water rights within the East Fork of the Owyhee River, and claims for fishing rights under any Executive order to the extent that replace, or develop water, water rights or water infrastructure) within the States of Nevada and Idaho that first accrued at any time up to and including the effective date;CommentsClose CommentsPermalink





(3) all claims against the United States, its agencies, or employees relating to the operation, maintenance, or rehabilitation of the Duck Valley Indian Irrigation Project that first accrued at any time up to and including the date upon which the Tribes notify the Secretary as provided in section 8(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley Indian Irrigation Project under this Act to an injury to such a right resulted from a reduction in the quantity of water available in the East Fork Owyhee River; that accrued on oracceptable level has been accomplished;CommentsClose CommentsPermalink





(4) all claims against the United States, its agencies, or employees relating in any manner to the litigation of claims relating to the Tribes’ water rights in pending proceedings before the effective date specified in subsection (d), that the Tribes have asserted or could have assertedNevada State Engineer to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada or the Snake River Basin Adjudication in Idaho; andCommentsClose CommentsPermalink





(5) all claims against the United States, its agencies, or employees in any court proceedings; and(3) all claims arising out of the negotiation and adoption of the Agreement.(c)relating in any manner to the negotiation, execution, or adoption of the Agreement, exhibits thereto, the decree referred to in subsection (d)(2), or this Act.CommentsClose CommentsPermalink





(c) Reservation of Rights and Retention of RightClaims- Notwithstanding the waivers and releases set forth in subsections (a) and (b), the Tribes and their members and the United States as trustee for the Tribes andauthorized in this Act, the Tribes on their members, shallown behalf and the United States acting in its capacity as trustee for the Tribes retain--CommentsClose CommentsPermalink





(1) all claims for enforcement of the Agreement, the Final Consent Decreedecree referred to in subsection (d)(2), or this Act, through such legal and equitable remedies as may be available in any court of competent jurisdiction;(2) all rightsthe decree court or the appropriate Federal court;CommentsClose CommentsPermalink





(2) all rights to acquire a water right in a State to the same extent as any other entity in the State, in accordance with State law, and to use and protect water rights acquired pursuant to any State lawafter the date of enactment of this Act;CommentsClose CommentsPermalink





(3) all claims relating to activities affecting the quality of water;(4) all rights to land outside the Reservation; and(5 including any claims the Tribes might 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 Acts; andCommentsClose CommentsPermalink





(4) all rights, remedies, privileges, immunities, and powers not specifically waived and released under the terms of the Agreement orpursuant to this Act.CommentsClose CommentsPermalink





(d) Effective Date- Notwithstanding anything in the Agreement to the contrary, the waivers by the Tribes, or the United States on behalf of the Tribes, under this section shall take effect on the date on which the Secretary publishes in the Federal Register a statement of findings that includes a finding that--CommentsClose CommentsPermalink





(1) the Secretary has executed the Agreement as approved by Congress;(2) all parties to the AgreementAgreement and the waivers and releases authorized and set forth in subsections (a) and (b) have executed the Agreement;(3been executed by the parties and the Secretary;CommentsClose CommentsPermalink





(2) the Fourth Judicial District Court, Elko County, Nevada, has issued a judgment and decree consistent with the Agreement from which no further appeal can be taken; andCommentsClose CommentsPermalink





(43) the amounts authorized under subsections (b)(3) and (c)(3) of section 8 have been appropriated.CommentsClose CommentsPermalink





(e) Failure To Publish Statement of Findings- If the Secretary does not publish a statement of findings under subsection (d) by DecemberMarch 31, 20156--CommentsClose CommentsPermalink





(1) the Agreement and this Act shall not take effect; andCommentsClose CommentsPermalink





(2) any funds and interest accrued thereon that have been appropriated under this Act shall immediately revert to the general fund of the United States Treasury.CommentsClose CommentsPermalink





(f) Tolling of Claims-CommentsClose CommentsPermalink





(1) IN GENERAL- Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the date on which the amounts authorized to be appropriated under subsections (b)(3) and (c)(3) of section 8 are appropriated.CommentsClose CommentsPermalink





(2) EFFECT OF SUBPARAGRAPH- Nothing in this subparagraph revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 10. MISCELLANEOUS.

(a) General Disclaimer- The parties to the Agreement expressly reserve all rights not specifically granted, recognized, or relinquished by--CommentsClose CommentsPermalink





(1) the settlement described in the Agreement; orCommentsClose CommentsPermalink





(2) this Act.CommentsClose CommentsPermalink





(b) Limitation of Claims and Rights- Nothing in this Act--CommentsClose CommentsPermalink





(1) establishes a standard for quantifying--CommentsClose CommentsPermalink





(A) a Federal reserved water right;CommentsClose CommentsPermalink





(B) an aboriginal claim; orCommentsClose CommentsPermalink





(C) any other water right claim of an Indian tribe in a judicial or administrative proceeding;CommentsClose CommentsPermalink





or(2 (2) 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.) (commonly known as the ‘Resource Conservation and Recovery Act of 1976’), and the regulations implementing those Acts; CommentsClose CommentsPermalink





(3) affects the ability of the United States to take actions, acting in its capacity as trustee for any other Tribe, Pueblo, or allottee;CommentsClose CommentsPermalink





(4) waives any claim of a member of the Tribes in an individual capacity that does not derive from a right of the Tribes; orCommentsClose CommentsPermalink





(5) limits the right of a party to the Agreement to litigate any issue not resolved by the Agreement or this Act.CommentsClose CommentsPermalink





(c) Admission Against Interest- Nothing in this Act constitutes an admission against interest by a party in any legal proceeding.CommentsClose CommentsPermalink





(d) Reservation- The Reservation shall be shall be--CommentsClose CommentsPermalink





(1) considered to be the property of the Tribes; andCommentsClose CommentsPermalink





(2) permanently held in trust by the United States for the sole use and benefit of the Tribes.CommentsClose CommentsPermalink





(e) Jurisdiction-CommentsClose CommentsPermalink





(1) SUBJECT MATTER JURISDICTION- Nothing in the Agreement or this Act restricts, enlarges, or otherwise determines the subject matter jurisdiction of any Federal, State, or tribal court.CommentsClose CommentsPermalink





(2) CIVIL OR REGULATORY JURISDICTION- Nothing in the Agreement or this Act impairs or impedes the exercise of any civil or regulatory authority of the United States, the State, or the Tribes.CommentsClose CommentsPermalink





(3) CONSENT TO JURISDICTION- The United States consents to jurisdiction in a proper forum for purposes of enforcing the provisions of the Agreement.CommentsClose CommentsPermalink





(4) EFFECT OF SUBSECTION- Nothing in this subsection confers jurisdiction on any State court to--CommentsClose CommentsPermalink





(A) enforceinterpret Federal environmental laws relating tolaw regarding the health, safety, or the environment or determine the duties of the United States under this Actor other parties pursuant to such Federal law; orCommentsClose CommentsPermalink





(B) conduct judicial review of a Federal agency action.CommentsClose CommentsPermalink

Union Calendar No. 529 Passed the House of Representatives September 17, 2008. CommentsClose CommentsPermalink

To approve the settlement of the water rights claims of the Shoshone-Paiute Tribes of the Duck Valley Reservation in Nevada, to require the Secretary of the Interior to carry out the settlement, and for other purposes.