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S 375 IS

111th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 375CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 4, 2009CommentsClose CommentsPermalink

Mr. TESTER (for himself and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize the Crow Tribe of Indians water rights 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 ‘Crow Tribe Water Rights Settlement Act of 2009’. CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are-- CommentsClose CommentsPermalink





(1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for-- CommentsClose CommentsPermalink





(A) the Crow Tribe; and CommentsClose CommentsPermalink





(B) the United States for the benefit of the Tribe and allottees; CommentsClose CommentsPermalink





(2) to authorize, ratify, and confirm the Crow Tribe-Montana Water Rights Compact entered into by the Tribe and the State on June 22, 1999; CommentsClose CommentsPermalink





(3) to authorize and direct the Secretary of the Interior-- CommentsClose CommentsPermalink





(A) to execute the Crow Tribe-Montana Water Rights Compact; and CommentsClose CommentsPermalink





(B) to take any other action necessary to carry out the Compact in accordance with this Act; and CommentsClose CommentsPermalink





(4) to authorize the appropriation of funds necessary for the implementation of the Compact and this Act. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) ALLOTTEE- The term ‘allottee’ means any individual who holds a beneficial real property interest in an allotment of Indian land that is-- CommentsClose CommentsPermalink





(A) located within the Reservation or the ceded strip; and CommentsClose CommentsPermalink





(B) held in trust by the United States. CommentsClose CommentsPermalink





(2) CEDED STRIP- The term ‘ceded strip’ means the area identified on the map attached as appendix 5 to the Compact. CommentsClose CommentsPermalink





(3) CIP OM&R- The term ‘CIP OM&R’ means-- CommentsClose CommentsPermalink





(A) any recurring or ongoing activity associated with the day-to-day operation of the Crow Irrigation Project; CommentsClose CommentsPermalink





(B) any activity relating to scheduled or unscheduled maintenance of the Crow Irrigation Project; and CommentsClose CommentsPermalink





(C) any activity relating to replacement of a feature of the Crow Irrigation Project. CommentsClose CommentsPermalink





(4) COMPACT- The term ‘Compact’ means the water rights compact between the Tribe and the State contained in section 85-20-901 of the Montana Code Annotated (20079) (including any exhibit or part of or amendment to the Compact). CommentsClose CommentsPermalink





(5) CROW IRRIGATION PROJECT- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Crow Irrigation Project’ means the irrigation project-- CommentsClose CommentsPermalink





(i) authorized by section 31 of the Act of March 3, 1891 (26 Stat. 1040); CommentsClose CommentsPermalink





(ii) managed by the Secretary (acting through the Bureau of Indian Affairs); and CommentsClose CommentsPermalink





(iii) consisting of the project units of-- CommentsClose CommentsPermalink





(I) Agency; CommentsClose CommentsPermalink





(II) Big Hhorn; CommentsClose CommentsPermalink





(III) Forty Mile; CommentsClose CommentsPermalink





(IV) Lodge Grass #1; CommentsClose CommentsPermalink





(V) Lodge Grass #2; CommentsClose CommentsPermalink





(VI) Pryor; CommentsClose CommentsPermalink





(VII) Reno; CommentsClose CommentsPermalink





(VIII) Soap Creek; and CommentsClose CommentsPermalink





(IX) Upper Little Horn. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(6) CROW SETTLEMENT FUND- The term ‘Crow Settlement Fund’ means the fund established by section 11(a). CommentsClose CommentsPermalink





(7) ECONOMIC DEVELOPMENT- The term ‘Economic Development’ means any activity the Tribe determines to further the economic development of the Tribe. CommentsClose CommentsPermalink





(8) ENFORCEABILITY DATE- The term ‘enforceability date’ means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 10(e). CommentsClose CommentsPermalink





(9) FINAL- The term ‘final’ with reference to approval of the decree described in section 10(e)(1)(A) means-- CommentsClose CommentsPermalink





(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 (20079), including the expiration of time for filing of any such appeal; or CommentsClose CommentsPermalink





(B) completion of any appeal to the appropriate United States Court of Appeals, including the expiration of time in which a petition for certiorari may be filed in the United States Supreme Court, denial of such petition, or issuance of the United States Supreme Court’s mandate, whichever occurs last. CommentsClose CommentsPermalink





(10) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). CommentsClose CommentsPermalink





(11) JOINT STIPULATION OF SETTLEMENT- The term ‘joint stipulation of settlement’ means the joint stipulation of settlement relating to the civil action styled Crow Tribe of Indians v. Norton, No. 02-284 (D.D.C. 2006). CommentsClose CommentsPermalink





(12) MR&I SYSTEM- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘MR&I System’ means the municipal, rural, and industrial water system of the Reservation, generally described in the document entitled ‘Crow Indian Reservation Municipal, Rural and Industrial Water System Engineering Report’ prepared by HKM Engineering, Inc., and dated July 2008. CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘MR&I System’ includes-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) in descending order of construction priority-- CommentsClose CommentsPermalink





(I) the Big Hhorn River Valley Subsystem; and CommentsClose CommentsPermalink





(II) the Little Big Hhorn River Valley Subsystem. CommentsClose CommentsPermalink





(13) MR&I SYSTEM OM&R- The term ‘MR&I System OM&R’ means-- CommentsClose CommentsPermalink





(A) any recurring or ongoing activity associated with the day-to-day operation of the MR&I System; CommentsClose CommentsPermalink





(B) any activity relating to scheduled or unscheduled maintenance of the MR&I System; and CommentsClose CommentsPermalink





(C) any activity relating to replacement of project features of the MR&I System. CommentsClose CommentsPermalink





(14) RESERVATION- The term ‘Reservation’ means the area identified on the map attached as appendix 4 to the Compact. CommentsClose CommentsPermalink





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





(16) STATE- The term ‘State’ means the State of Montana. CommentsClose CommentsPermalink





(17) TRIBAL COMPACT ADMINISTRATION- The term ‘Tribal Compact Administration’ means any activity relating to-- CommentsClose CommentsPermalink





(A) the development or enactment by the Tribe of the tribal water code; CommentsClose CommentsPermalink





(B) establishment by the Tribe of a water resources department; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(18) TRIBAL WATER CODE- The term ‘tribal water code’ means a water code adopted by the Tribe in accordance with section 7(f). CommentsClose CommentsPermalink





(19) TRIBAL WATER RIGHTS- The term ‘tribal water rights’ means-- CommentsClose CommentsPermalink





(A) the water rights of the Tribe described in Article III of the Compact; and CommentsClose CommentsPermalink





(B) the water rights provided to the Tribe under section 8. CommentsClose CommentsPermalink





(20) TRIBE- The term ‘Tribe’ means the Crow Tribe of Indians of the State of Montana on behalf of itself and its members (but not its members in their capacities as allottees). CommentsClose CommentsPermalink





(21) YELLOWTAIL DAM OM&R- The term ‘Yellowtail Dam OM&R’ means the charges levied by the Bureau of Reclamation for operation, maintenance, and repair costs in association with storage contracts for water stored in Bighorn Lake. CommentsClose CommentsPermalink





(22) WATER DEVELOPMENT PROJECT- The term ‘Water Development Project’ means any future potable water system developed by the Tribe to serve the other portions of the Reservation, or such water development projects as the Tribe determines to be appropriate to fulfill the water needs of its members. CommentsClose CommentsPermalink

SEC. 4. RATIFICATION OF COMPACT.

(a) In General- Except as modified by this Act, and to the extent the Compact does not conflict with this Act, the Compact is authorized, ratified, and confirmed. To the extent amendments are executed to make the Compact consistent with this Act, such amendments are also authorized, ratified, and confirmed. CommentsClose CommentsPermalink





(b) Execution of Compact- To the extent that the Compact does not conflict with this Act, the Secretary is directed to and shall promptly execute the Compact, including all exhibits to or parts of the Compact requiring the signature of the Secretary. Nothing herein precludes the Secretary from approving modifications to appendices or exhibits to the Compact not inconsistent with this Act, to the extent such modifications do not otherwise require Congressional approval pursuant to the Trade and Intercourse Act,25 U.S.C. 177, or pursuant to other Federal statute. CommentsClose CommentsPermalink





(c) National Environmental Policy Act of 1969- CommentsClose CommentsPermalink





(1) ENVIRONMENTAL COMPLIANCE- In implementing the Compact, the Secretary shall promptly comply with all applicable aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations. CommentsClose CommentsPermalink





(2) EXECUTION OF THE COMPACT- Execution of the Compact by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all Federal compliance necessary to implement the Compact. CommentsClose CommentsPermalink

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

(a) In General- The Secretary, acting through the Commissioner of Reclamation, shall carry out such activities as are necessary to rehabilitate and improve the water diversion and delivery features of the Crow Irrigation Project, in accordance with an agreement to be negotiated between the Secretary and the Tribe. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(c) Scope- The scope of the rehabilitation and improvement under this section shall be as described in the document entitled ‘Engineering Evaluation of Existing Conditions, Crow Agency Rehabilitation Study’ prepared by HKM Engineering, Inc., and dated July 2008. CommentsClose CommentsPermalink





(d) Costs to Tribe- Costs incurred by the Secretary in carrying out an agreement under subsection (a) that are allocated to the Tribeusers of the tribal water rights shall be nonreimbursable. CommentsClose CommentsPermalink





(e) Funding- The Secretary’s obligation pursuant to this section shall not exceed $160,653,000, except that the total amount of $160,653,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations from May 1, 2008, in construction cost indices applicable to the types of construction involved in the rehabilitation and improvement. CommentsClose CommentsPermalink





(f) Agreement- At the request of the Tribe, in accordance with applicable Federal law, the Secretary shall enter into an agreement with the Tribe to implement the provisions of this section by which the Tribe shall plan, design, and construct any or all of the rehabilitation and improvement required by this section. CommentsClose CommentsPermalink

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

(a) In General- The Secretary, acting through the Commissioner of Reclamation, shall carry out such activities as are necessary to design and construct the water diversion and delivery features of the MR&I System, in accordance with an agreement to be negotiated between the Secretary and the Tribe. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(c) Scope- The scope of the design and construction under this section shall be as described in the document entitled ‘Crow Indian Reservation Municipal, Rural and Industrial Water System Engineering Report’ prepared by HKM Engineering, Inc., and dated July 2008. CommentsClose CommentsPermalink





(d) Costs to Tribe- Costs incurred by the Secretary in carrying out an agreement under subsection (a) that are allocated to the Tribe shall be nonreimbursable. CommentsClose CommentsPermalink





(e) Funding- The Secretary’s obligation pursuant to this section shall not exceed $200,840,000, except that the total amount of $200,840,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations from May 1, 2008, in construction cost indices applicable to the types of construction involved in the design and construction. CommentsClose CommentsPermalink





(f) Agreement- At the request of the Tribe, in accordance with applicable Federal law, the Secretary shall enter into an agreement with the Tribe to implement the provisions of this section by which the Tribe shall plan, design, and construct any or all of the design and construction required by this section. CommentsClose CommentsPermalink





(g) Conveyance of Title to MR&I System Facilities- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall convey title to each MR&I System facility or section of a MR&I System facility authorized under subsection (a) (including any appropriate interests in land) to the Tribe after completion of construction of a MR&I System facility or a section of a MR&I System facility that is operating and delivering water. CommentsClose CommentsPermalink





(2) EFFECT OF CONVEYANCE- The conveyance of title to each MR&I System facility shall not affect the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of the water associated with the MR&I System. CommentsClose CommentsPermalink





(3) LIABILITY- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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’). CommentsClose CommentsPermalink





(4) NOTICE OF PROPOSED CONVEYANCE- Not later than 45 days before the date of a proposed conveyance of title to any MR&I System facility, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice of the conveyance of each MR&I System facility. CommentsClose CommentsPermalink





(5) OBLIGATION OF THE FEDERAL GOVERNMENT AFTER COMPLETION- After construction of the MR&I System is completed and the amounts required to be deposited in the MR&I System OM&R account have been deposited under section 11 the Federal Government shall have no obligation to pay for the operation, maintenance, and replacement costs of the MR&I System. CommentsClose CommentsPermalink

SEC. 7. TRIBAL WATER RIGHTS.

(a) Intent of Congress- It is the intent of Congress to provide to each allottee benefits that are equivalent to or exceed the benefits allottees currently possess, taking into consideration-- CommentsClose CommentsPermalink





(1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act; CommentsClose CommentsPermalink





(2) the availability of funding under this Act and from other sources; CommentsClose CommentsPermalink





(3) the availability of water from the tribal water rights; and CommentsClose CommentsPermalink





(4) the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381) and this Act to protect the interests of allottees. CommentsClose CommentsPermalink





(b) Confirmation of Tribal Water Rights- CommentsClose CommentsPermalink





(1) IN GENERAL- The tribal water rights are ratified, confirmed, and declared to be valid. CommentsClose CommentsPermalink





(2) USE- Use of the tribal water rights shall be subject to the terms and conditions established by the Compact. CommentsClose CommentsPermalink





(c) Holding in Trust- The tribal water rights shall be held in trust by the United States for the use and benefit of the Tribe, and the allottees in accordance with this section. CommentsClose CommentsPermalink





(d) Allottees- As specified in and provided for in this Act: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) ENTITLEMENT TO WATER- Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights. CommentsClose CommentsPermalink





(3) ALLOCATIONS- Allottees shall be entitled to a just and equitable allocation of water for irrigation purposes. CommentsClose CommentsPermalink





(4) SATISFACTION OF CLAIMS- The water rights and other benefits granted by this Act shall be considered full satisfaction of any claim of an allottee waived pursuant to section 10(a)(2). CommentsClose CommentsPermalink





(5) EXHAUSTION OF REMEDIES- Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law. CommentsClose CommentsPermalink





(6) CLAIMS- Following exhaustion of remedies available under the tribal water code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law. CommentsClose CommentsPermalink





(7) AUTHORITY- The Secretary shall have the authority to protect allottees’ rights as specified in this section. CommentsClose CommentsPermalink





(e) Authority of Tribe- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the Tribe shall have authority to allocate, distribute, and lease the tribal water rights-- CommentsClose CommentsPermalink





(A) in accordance with the Compact; and CommentsClose CommentsPermalink





(B) subject to approval of the Secretary of the tribal water code under subsection (f)(3)(B). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(f) Tribal Water Code- CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding the time period set forth in article (IV)(A)(2)(b) of the Compact, not later than 1 year after the enforceability date, the Tribe shall 3 years after the date on which the Tribe ratifies the Compact as set forth in section 10(e)(1)(E), the Tribe shall enact a tribal water code, that provides for-- CommentsClose CommentsPermalink





(A) the management, regulation and governance of all uses of the tribal water rights in accordance with the Compact; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) INCLUSIONS- Subject to the approval of the Secretary, the tribal water code shall provide that-- CommentsClose CommentsPermalink





(A) tribal allocations of water to allottees shall be satisfied with water from the tribal water rights; CommentsClose CommentsPermalink





(B) charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis; CommentsClose CommentsPermalink





(C) there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this Act; CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(i) appeal and adjudication of any denied or disputed distribution of water; and CommentsClose CommentsPermalink





(ii) resolution of any contested administrative decision; and CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(3) ACTION BY SECRETARY- CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(B) APPROVAL- The tribal water code shall not be valid unless-- CommentsClose CommentsPermalink





(i) the provisions of the tribal water code required by paragraph (2) are approved by the Secretary; and CommentsClose CommentsPermalink





(ii) each amendment to the tribal water code that affects a right of an allottee is approved by the Secretary. CommentsClose CommentsPermalink





(C) APPROVAL PERIOD- CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided by clause (ii), if the Secretary does not approve or disapprove the tribal water code before the date that is 180 days after the date on which the tribal water code is submitted to the Secretary for approval, the tribal water code shall be considered to have been approved by the Secretary to the extent that it is not inconsistent with the Compact or this Act. CommentsClose CommentsPermalink





(ii) MUTUAL EXTENSION OF APPROVAL PERIOD- The tribal water code may not be considered to have been approved by the Secretary under clause (i) if the Secretary and the Tribe agree to extend the approval period. CommentsClose CommentsPermalink





(g) Effect- Except as otherwise specifically provided in this section, nothing in this Act-- CommentsClose CommentsPermalink





(1) authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, tribal, or local law; or CommentsClose CommentsPermalink





(2) alters or affects the status of any action pursuant tosection 1491(a) of title 28, United States Code. CommentsClose CommentsPermalink

SEC. 8. STORAGE ALLOCATION FROM BIGHORN LAKE.

(a) Storage Allocation to Tribe- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) TREATMENT- CommentsClose CommentsPermalink





(A) IN GENERAL- The allocation under paragraph (1) shall be considered to be part of the tribal water rights. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(C) ADMINISTRATION- CommentsClose CommentsPermalink





(i) IN GENERAL- The Tribe shall administer the water allocated under paragraph (1) in accordance with the Compact. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(b) Allocation Agreement- CommentsClose CommentsPermalink





(1) IN GENERAL- As a condition of receiving an allocation under this section, the Tribe shall enter into an allocation agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the terms and conditions of the Compact and this Act. CommentsClose CommentsPermalink





(2) INCLUSIONS- The allocation agreement under paragraph (1) shall include, among other things, a provision that-- CommentsClose CommentsPermalink





(A) it is without limit as to term; CommentsClose CommentsPermalink





(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); CommentsClose CommentsPermalink





(C) the United States shall have no trust obligation or other obligation to monitor, administer, or account for-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) the expenditure of such funds; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(E) the costs associated with the construction of the storage facilities at Yellowtail Dam allocable to the Tribe-- CommentsClose CommentsPermalink





(i) shall be nonreimbursable; and CommentsClose CommentsPermalink





(ii) shall be excluded from any repayment obligation of the Tribe; and CommentsClose CommentsPermalink





(F) no water service capital charges shall be due or payable for any water allocated to the Tribe pursuant to this Act and the allocation agreement, regardless of whether that water is delivered for use by the Tribe or is delivered under any leases, contracts, or agreements the Tribe may enter into pursuant to the authority in subsection (c). CommentsClose CommentsPermalink





(c) Temporary Transfer for Use Off Reservation- CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of statutory or common law, subject to paragraph (2), on approval of the Secretary and subject to the terms and conditions of the Compact, the Tribe may enter into a service contract, lease, exchange, or other agreement providing for the temporary delivery, use, or transfer of not more than 50,000 acre-feet per year of water allocated under subsection (a)(1)(A) for use off the Reservation. CommentsClose CommentsPermalink





(2) REQUIREMENT- An agreement under paragraph (1) shall not permanently alienate any portion of the water allocated under subsection (a)(1)(A). CommentsClose CommentsPermalink





(d) Remaining Storage- CommentsClose CommentsPermalink





(1) IN GENERAL- Upon the date of enactment of this Act, water in Bighorn Lake shall be considered to be fully allocated and no further storage allocations shall be made by the Secretary. CommentsClose CommentsPermalink





(2) EFFECT OF SUBSECTION- Nothing in this subsection prevents the Secretary from renewing the storage contract with Pennsylvania Power and Light Company consistent with the allocation to Pennsylvania Power and Light Company in existence on the date of enactment of this Act, or entering into future agreements with the Northern Cheyenne or Crow Tribes facilitating the Northern Cheyenne and Crow Tribes’ use of their allocations of water from Bighorn Lake. CommentsClose CommentsPermalink

SEC. 9. SATISFACTION OF CLAIMS.

(a) In General- The benefits provided to the Tribe and the allottees under the Compact and this Act shall satisfy all claims of the Tribe and the allottees waived and released pursuant to section 10. CommentsClose CommentsPermalink





(b) Satisfaction of Claims Relating to Crow Irrigation Project- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the funds authorized to be appropriated under subsections (a) and (h) of section 14 shall be used to satisfy any claim of the Tribe or the allottees with respect to the appropriation of funds for the rehabilitation, expansion, improvement, repair, operation, or maintenance of the Crow Irrigation Project. Upon complete appropriation of funds authorized by subsections (a) and (h) of section 14 any claim of the Tribe or the allottees with respect to the appropriation of funds for the rehabilitation, expansion, improvement, repair, operation, or maintenance of the Crow Irrigation Project shall be deemed to have been satisfied. CommentsClose CommentsPermalink





(2) EFFECT- NExcept as provided in section 5, nothing in this Act affects any applicable law (including regulations) under which the United States collects irrigation assessments from-- CommentsClose CommentsPermalink





(A) non-Indian users of the Crow Irrigation Project; and CommentsClose CommentsPermalink





(B) the Tribe, tribal entities and instrumentalities, tribal members, allottees, and entities owned by the Tribe, tribal members, or allottees to the extent that annual irrigation assessments assessed on such tribal water users exceed the amount of funds available under section 11(d)(3)(F) for costs relating to CIP OM&R. CommentsClose CommentsPermalink





(c) No Recognition of Water Rights- Notwithstanding subsection (a) and except as provided in section 7(d), nothing in this Act recognizes or establishes any right of a member of the Tribe or an allottee to water within the Reservation or the ceded strip. CommentsClose CommentsPermalink

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

(a) In General- CommentsClose CommentsPermalink





(1) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AND THE UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE FOR THE TRIBE- Subject to the retention of rights set forth in subsection (c), in return for recognition of the tribal water rights and other benefits as set forth in the Compact and this Act, the Tribe, on behalf of itself and its members (but not tribal members in their capacities as allottees), and the United States acting in its capacity as trustee for the Tribe and its members (but not tribal members in their capacities as allottees), are authorized and directed, to execute a waiver and release of all claims for water rights within the State of Montana that the that the Tribe, or the United States acting in its capacity as trustee for the Tribe, asserted, or could have asserted, in any proceeding, including but not limited to the Montana stream adjudication, up to and including the enforceability date, except to the extent that such rights are recognized in the Compact as amended by this Act. CommentsClose CommentsPermalink





(2) WAIVER AND RELEASE OF CLAIMS BY THE UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE FOR ALLOTTEES- Subject to the retention of rights set forth in subsection (c), in return for recognition of the Tribe’s water rights and other benefits as set forth in the Compact and this Act, the United States acting in its capacity as trustee for allottees is authorized and directed to execute a waiver and release of all claims for water rights within the Reservation and the ceded strip that the United States acting in its capacity as trustee for the allottees asserted, or could have asserted, in any proceeding, including but not limited to the Montana stream adjudication, up to and including the enforceability date, except to the extent that such rights are recognized in the Compact or this Act. CommentsClose CommentsPermalink





(3) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AGAINST THE UNITED STATES- Subject to the retention of rights set forth in subsection (c), the Tribe, on behalf of itself and its members, is authorized to execute a waiver and release of-- CommentsClose CommentsPermalink





(A) all claims against the United States, its agencies, or employees, relating to claims for water rights within the State of Montana that the United States acting in its capacity as trustee for the Tribe asserted, or could have asserted, in any proceeding, including but not limited to the Montana stream adjudication, except to the extent that such rights are recognized as tribal water rights in this Act, including all claims relating in any manner to the claims reserved against the United States, its agencies or employees in section 4(e) of the Joint Stipulation of Settlement, Crow Tribe of Indians v. Norton, No. 02-284 (Apr. 7, 2006);(B) all claims joint stipulation of settlement; CommentsClose CommentsPermalink





(B) all claims against the United States, its agencies, or employees relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including but not limited to damages, losses or injuries to hunting, fishing, gathering or cultural rights due to loss of water or water rights; claims relating to interference with, diversion or taking of water; or claims relating to failure to protect, acquire, replace, or develop water, water rights or water infrastructure) within the State of Montana that first accrued at any time up to and including the enforceability date, including all claims relating to the failure to establish or provide a municipal rural or industrial water delivery system on the Reservation and all claims relating to the failure to provide for, operate or maintain the Crow Irrigation Project, or any other irrigation system or irrigation project on the Reservation; CommentsClose CommentsPermalink





(C) all claims against the United States, its agencies, or employees relating to the pending litigation of claims relating to the Tribe’s water rights in the State of Montana; CommentsClose CommentsPermalink





(D) all claims against the United States, its agencies, or employees relating to the negotiation, execution, or the adoption of the Compact, exhibits thereto, or this Act; CommentsClose CommentsPermalink





(E) subject to the retention of rights set forth in subsection (c), all claims for monetary damages that first accrued at any time up to and including the enforceability date with respect to-- CommentsClose CommentsPermalink





(i) the failure to recognize or enforce the Tribe’s claim of title to lands that are created by the movement of the Big Hhorn River; and CommentsClose CommentsPermalink





(ii) the failure to make productive use of those lands created by the movement of the Big Hhorn River to which the Tribe has claimed title; CommentsClose CommentsPermalink





(F) all claims that first accrued at any time up to and including the enforceability date arising from the taking or acquisition of the Tribe’s land or resources for the construction of the Yellowtail Dam; CommentsClose CommentsPermalink





(G) all claims that first accrued at any time up to and including the enforceability date relating to the construction and operation of Yellowtail Dam and the management of Big Hhorn Lake; and CommentsClose CommentsPermalink





(H) all claims that first accrued at any time up to and including the enforceability date relating to the generation of power from Yellowtail Dam or the lack thereof. CommentsClose CommentsPermalink





(b) Effectiveness of Waivers and Releases- The waivers under subsection (a) shall take effect on the enforceability date. CommentsClose CommentsPermalink





(c) Reservation of Rights and Retention of Claims- Notwithstanding the waivers and releases authorized in this Act, the Tribe on behalf of itself and its members and the United States acting in its capacity as trustee for the Tribe retain-- CommentsClose CommentsPermalink





(1) all claims for enforcement of the Compact, any final decree, or this Act; CommentsClose CommentsPermalink





(2) all rights to use and protect water rights acquired after the date of enactment of this Act; CommentsClose CommentsPermalink





(3) all claims for damages, losses or injuries to water rights or claims of interference with, diversion or taking of water rights (including but not limited to claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) arising out of activities occurring outside the State of Montana;

(4) all rights to use and protect water rights acquired pursuant to state law, to the extent not inconsistent with the Compact;

(5) all claims relating to activities affecting the quality of water including but not limited to any claims the Tribe might have under Comprehensive Environmental Response, Compensation, and Liability Act (including but not limited to claims for damages to natural resources), the Safe Drinking Water Act, the Clean Water Act, and the regulations implementing these Acts; CommentsClose CommentsPermalink




(64) 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); CommentsClose CommentsPermalink





(75) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act;(8 or article VII(E) of the Compact; CommentsClose CommentsPermalink





(6) all claims against any person or entity other than the United States, including claims for monetary damages, with respect to-- CommentsClose CommentsPermalink





(A) the Tribe’s claim of title to lands that are created by the movement of the Big Hhorn River; and CommentsClose CommentsPermalink





(B) the productive use of those lands created by the movement of the Big Hhorn River to which the Tribe has claimed title; and CommentsClose CommentsPermalink





(97) all claims that first accrued after the enforceability date with respect to claims otherwise waived in accordance with subsection (a)(3)(B), and (E) through (H), inclusive. CommentsClose CommentsPermalink





(d) Effect of Compact and Act- Nothing in the Compact or this Act-- CommentsClose CommentsPermalink





(1) affects the ability of the United States acting in its sovereign capacity to take actions authorized by law, including but not limited to any laws relating to health, safety or the environment, including but not limited to the Clean Water Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation and Recovery Act, and the regulations implementing such Acts; CommentsClose CommentsPermalink





(2) affects the ability of the United States to take actions acting in its capacity as trustee for any other Indian tribe or allottee of any other Indian tribe; CommentsClose CommentsPermalink





(3) confers jurisdiction on any State court to-- CommentsClose CommentsPermalink





(A) interpret Federal law regarding health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; and CommentsClose CommentsPermalink





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





(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 CommentsClose CommentsPermalink





(5) revives any claims waived by the Tribe in the Joint Stipulation of Settlement, Crow Tribe of Indians v. Norton, No. 02-284 (Apr. 7, 2006)joint stipulation of settlement. CommentsClose CommentsPermalink





(e) Enforceability Date- CommentsClose CommentsPermalink





(1) IN GENERAL- The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that-- CommentsClose CommentsPermalink





(A) the Montana Water Court has issued a final judgment and decree approving the Compact, or if the Montana Water Court is found to lack jurisdiction, the United States District Court of jurisdiction has approved the Compact as a consent decree and such approval is final; CommentsClose CommentsPermalink





(B) $44,000197,877,000 has been deposited in the Crow Settlement Fund; CommentsClose CommentsPermalink





(C) the Secretary has fulfilled his obligations to negotiate an agreement with the Tribe in accordance with sections 5(a) and 6(a); CommentsClose CommentsPermalink





(D) the State has appropriated and paid into an interest-bearing escrow account any payments then due to the Tribe under the Compact; CommentsClose CommentsPermalink





(E) the Tribe has ratified the Compact by submitting the Act and the Compact to a vote by the tribal membership for approval or disapproval and the tribal membership has voted to approve the Act and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe; CommentsClose CommentsPermalink





(F) the Secretary has fulfilled the requirements of section 8(a); and CommentsClose CommentsPermalink





(G) the waivers and releases authorized and set forth in subsection (a) have been executed by the parties and the Secretary.(f)Tribe and the Secretary. 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 to carry out this Act are appropriated. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 11. CROW SETTLEMENT FUND.

(a) Establishment- There is established in the Treasury of the United States the Crow Settlement Fund, consisting of such amounts as are deposited in the fund under subsections (c) through (h) of section 14. CommentsClose CommentsPermalink





(b) Accounts of Crow Settlement Fund- The Secretary shall establish in the Crow Settlement Fund the following accounts: CommentsClose CommentsPermalink





(1) The Tribal Compact Administration account, consisting of amounts authorized pursuant to section 14(c). CommentsClose CommentsPermalink





(2) The Economic Development account, consisting of amounts authorized pursuant to section 14(d). CommentsClose CommentsPermalink





(3) The Water Development Projects account, consisting of amounts authorized pursuant to section 14(e). CommentsClose CommentsPermalink





(4) The MR&I System OM&R account, consisting of amounts authorized pursuant to section 14(f). CommentsClose CommentsPermalink





(5) The Yellowtail Dam OM&R account, consisting of amounts authorized pursuant to section 14(g). CommentsClose CommentsPermalink





(6) The CIP OM&R account, consisting of amounts authorized pursuant to section 14(h). CommentsClose CommentsPermalink





(c) Deposits to Crow Settlement Fund- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Treasury shall promptly deposit in the Crow Settlement Fund any amounts appropriated for that purpose. CommentsClose CommentsPermalink





(2) DEPOSITS TO ACCOUNTS- The Secretary of the Treasury shall deposit amounts in the accounts of the Crow Settlement Fund established under subsection (b) in descending order of priority, with highest priority given to the Tribal Compact Administration account established under subsection (b)(1). CommentsClose CommentsPermalink





(d) Management- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the Crow Settlement Fund, make investments from the Crow Settlement Fund, and make monies available from the Crow Settlement Fund for distribution to the Tribe consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in this subsection as the ‘Trust Fund Reform Act’). CommentsClose CommentsPermalink





(2) INVESTMENT OF CROW SETTLEMENT FUND- Upon the enforceability date the Secretary shall invest amounts in the Crow Settlement Fund in accordance with-- CommentsClose CommentsPermalink





(A) the Act of April 1, 1880 (25 U.S.C. 161); CommentsClose CommentsPermalink





(B) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(i) the obligations of the United States Postal Service described insection 2005 of title 39, United States Code; CommentsClose CommentsPermalink





(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); CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(iv) bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4); and CommentsClose CommentsPermalink





(D) the obligations referred to in section 201 of the Social Security Act (42 U.S.C. 401). CommentsClose CommentsPermalink





(3) DISTRIBUTIONS FROM CROW SETTLEMENT FUND- CommentsClose CommentsPermalink





(A) IN GENERAL- Funds from the Crow Settlement Fund shall be used for each purpose described in subparagraphs (B) through (G). CommentsClose CommentsPermalink





(B) TRIBAL COMPACT ADMINISTRATION ACCOUNT- The Tribal Compact Administration Account shall be used for expenditures by the Tribe for Tribal Compact Administration, in accordance with the definition of Tribal Compact Administration under section 3. CommentsClose CommentsPermalink





(C) ECONOMIC DEVELOPMENT ACCOUNT- The Economic Development Account shall be used for expenditures by the Tribe for economic development, in accordance with the definition of Economic Development under section 3. CommentsClose CommentsPermalink





(D) WATER DEVELOPMENT PROJECT ACCOUNT- The Water Development Project Account shall be used for expenditures by the Tribe for 1 or more water development projects, in accordance with the definition of Water Development Project under section 3. CommentsClose CommentsPermalink





(E) YELLOWTAIL DAM OM&R ACCOUNT- Interest accrued on the funds in the Yellowtail Dam OM&R Account in the prior fiscal year shall be used for Yellowtail Dam OM&R costs in the subsequent year. The interest shall be used to reduce the Yellowtail Dam OM&R costs to all tribal water users on a proportional basis for that year. CommentsClose CommentsPermalink





(F) CIP OM&R ACCOUNT- CommentsClose CommentsPermalink





(i) IN GENERAL- Interest accrued on the funds in the CIP OM&R Account in the prior fiscal year shall be used for CIP OM&R costs in the subsequent year. CommentsClose CommentsPermalink





(ii) REDUCTION OF COSTS TO TRIBAL WATER USERS- CommentsClose CommentsPermalink





(I) IN GENERAL- Subject to subclause (II), the interest described in clause (i) shall be used to reduce the CIP OM&R costs to all tribal water users on a proportional basis for that year. CommentsClose CommentsPermalink





(II) LIMITATION ON USE OF FUNDS- The funds fromInterest accrued on the funds in the CIP OM&R Account shall only be used to pay irrigation assessments for the Tribe, tribal entities and instrumentalities, tribal members, allottees, and entities owned by the Tribe, tribal members, or allottees. CommentsClose CommentsPermalink





(G) MR&I SYSTEM OM&R ACCOUNT- CommentsClose CommentsPermalink





(i) IN GENERAL- Interest accrued on the funds from the MR&I System OM&R Account in the prior fiscal year shall be used for MR&I System OM&R costs in the subsequent year. CommentsClose CommentsPermalink





(ii) REDUCTION OF COSTS TO TRIBAL WATER USERS- CommentsClose CommentsPermalink





(I) IN GENERAL- Subject to subclause (II), the interest described in clause (i) shall be used to reduce the MR&I System OM&R costs to all tribal water users on a proportional basis for that year. CommentsClose CommentsPermalink





(II) LIMITATION ON USE OF FUNDS- The funds from the MR&I System OM&R Account shall only be used to reduce water charges for water used by the Tribe, tribal entities and instrumentalities, tribal members, allottees, and entities owned by the Tribe, tribal members, or allottees. CommentsClose CommentsPermalink





(4) WITHDRAWALS BY TRIBE- CommentsClose CommentsPermalink





(A) IN GENERAL- The Tribe may withdraw any portion of amounts in the Crow Settlement Fund on approval by the Secretary of a tribal management plan in accordance with the Trust Fund Reform Act. CommentsClose CommentsPermalink





(B) REQUIREMENTS- CommentsClose CommentsPermalink





(i) IN GENERAL- In addition to the requirements under the Trust Fund Reform Act, the tribal management plan of the Tribe under subparagraph (A) shall require that the Tribe spend any amounts withdrawn from the Crow Settlement Fund in accordance with this Act. CommentsClose CommentsPermalink





(ii) ENFORCEMENT- The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the Tribe from the Crow Settlement Fund under this paragraph are used in accordance with this Act. CommentsClose CommentsPermalink





(C) LIABILITY- The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Crow Settlement Fund by the Tribe under this paragraph. CommentsClose CommentsPermalink





(D) EXPENDITURE PLAN- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(ii) INCLUSION- An expenditure plan under clause (i) shall include a description of the manner in which, and the purposes for which, funds of the Tribe remaining in the Crow Settlement Fund will be used during subsequent fiscal years. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(I) reasonable; and CommentsClose CommentsPermalink





(II) consistent with this Act. CommentsClose CommentsPermalink





(5) ANNUAL REPORTS- The Tribe shall submit to the Secretary annual reports describing each expenditure by the Tribe of amounts in the Crow Settlement Fund during the preceding calendar year. CommentsClose CommentsPermalink





(6) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED- No amount in the Crow Settlement Fund shall be distributed to any member of the Tribe on a per capita basis. CommentsClose CommentsPermalink





(e) Availability- CommentsClose CommentsPermalink





The amounts in the Crow Settlement Fund shall be (1) IN GENERAL- Except as provided in paragraph (2), the amounts in the Crow Settlement Fund shall be available for use by the Secretary and withdrawal by the Tribe beginning on the enforceability date. CommentsClose CommentsPermalink





(2) EXCEPTION- The amounts made available under section 14(c) shall be available for use by the Secretary and withdrawal by the Tribe beginning on the date on which the Tribe ratifies the Compact as provided in section 10(e)(1)(E). CommentsClose CommentsPermalink





(f) State Contribution- The State contribution shall be provided in accordance with article VI(A) of the Compact. CommentsClose CommentsPermalink

SEC. 12. YELLOWTAIL DAM, MONTANA.

(a) Streamflow and Lake Level Management Plan- CommentsClose CommentsPermalink





(1) Nothing in the Compact or the Streamflow and Lake Level Management Plan referred to in Article III A.7. of the Compact-- CommentsClose CommentsPermalink





(A) limits the discretion of the Secretary under the section 4F of that plan; or CommentsClose CommentsPermalink





(B) requires the Secretary to give priority to any factor described in section 4F of the plan over any other factor described in that section. CommentsClose CommentsPermalink





(2) Bighorn Lake water management, including the Streamflow and Lake Level Management Plan, is a Federal activity and review and enforcement of any water management decisions shall be as provided by Federal law. CommentsClose CommentsPermalink





(3) The Streamflow and Lake Level Management Plan referred to in and part of the Compact shall be interpreted to clearly reflect paragraphs (1) and (2). CommentsClose CommentsPermalink





(b)4) Notwithstanding any term (including any defined term) or provision in the Streamflow and Lake Level Management Plan, for purposes of this Act, the Compact, and the Streamflow and Lake Level Management Plan, any requirement in that Plan that the Crow Tribe dedicate a specified percentage, portion, or number of acre feet of water per year of the tribal water rights to instream flow means, and is limited in its meaning and effect to, an obligation on the part of the Crow Tribe to withhold from development or otherwise refrain from diverting or removing from the Bighorn River the specified quantity of water for the duration, at the locations, and under the conditions set forth in the applicable requirement. CommentsClose CommentsPermalink





(b) Power Generation- CommentsClose CommentsPermalink





(1) Notwithstanding any other provision of law, the Tribe shall have the exclusive right to develop and market power generation as a water development project on the Yellowtail Afterbay Dam. CommentsClose CommentsPermalink





(2) The Bureau of Reclamation shall cooperate with the Tribe on such project. CommentsClose CommentsPermalink





(3) Any hydroelectric power generated under this provision shall be used or marketed by the Tribe. CommentsClose CommentsPermalink





(4) The Tribe shall retain any revenues from the sale of hydroelectric power generated under this provision. CommentsClose CommentsPermalink





(5) The United States shall have no trust obligation to monitor, administer, or account for the revenues received by the Tribe, or the expenditure of the revenues. CommentsClose CommentsPermalink





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





(d) Amendments to Compact and Plan- The provisions of subsection (a) apply to any amendment to-- CommentsClose CommentsPermalink





(1) the Compact; or CommentsClose CommentsPermalink





(2) the Streamflow and Lake Level Management Plan. CommentsClose CommentsPermalink

SEC. 13. MISCELLANEOUS PROVISIONS.

(a) Waiver of Sovereign Immunity by the United States- Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the sovereign immunity of the United States. CommentsClose CommentsPermalink





(b) Other Tribes Not Adversely Affected- Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Tribe. CommentsClose CommentsPermalink





(c) Limitation on Claims for Reimbursement- With respect to Indian land within the Reservation or the ceded strip-- CommentsClose CommentsPermalink





(1) the United States shall not submit against any Indian-owned land located within the Reservation or the ceded strip any claim for reimbursement of the cost to the United States of carrying out this Act and the Compact; and CommentsClose CommentsPermalink





(2) no assessment of any Indian-owned land located within the Reservation or the ceded strip shall be made regarding that cost. CommentsClose CommentsPermalink





(d) Limitation on Liability of United States- CommentsClose CommentsPermalink





(1) IN GENERAL- The United States has no trust or other obligation-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) to review or approve any expenditure of those funds. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(f) Limitations on Effect- CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this Act or, the Compact, or the Streamflow and Lake Level Management Plan referred to in Article III(A)(7) of the Compact-- CommentsClose CommentsPermalink





(A) limits, expands, alters, or otherwise affects-- CommentsClose CommentsPermalink





(i) the meaning, interpretation, implementation, application, or effect of any article, provision, or term of the Yellowstone River Compact; CommentsClose CommentsPermalink





(ii) any right, requirement, or obligation under the Yellowstone River Compact; CommentsClose CommentsPermalink





(iii) any allocation (or manner of determining any allocation) of water under the Yellowstone River Compact; or CommentsClose CommentsPermalink





(iv) any present or future claim, defense, or other position asserted in any legal, administrative, or other proceeding arising under or relating to the Yellowstone River Compact (including the original proceeding between the State of Montana and the State of Wyoming currently pending before the United States Supreme Court); CommentsClose CommentsPermalink





(B) makes an allocation or apportionment of water between or among Sstates; CommentsClose CommentsPermalink





(C) addresses or implies whether, how, or to what extent (if any)-- CommentsClose CommentsPermalink





(i) the Tribal Water Right or any portion of the Tribal Water Righttribal 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 thestate under the provisions of the Yellowstone River Compact; or CommentsClose CommentsPermalink





(ii) the Yellowstone River Compact includes or does not include the Tribal Water Righttribal water rights or the water right of any Indian tribe as part of any allocation or other disposition of water under that compact; or CommentsClose CommentsPermalink





(D) waives the sovereign immunity from suit of any State under thestate under the Eleventh Amendment to the Constitution of the United States, except as expressly authorized in Article IV F.8. of the Compact(F)(8) of the Compact. CommentsClose CommentsPermalink





(2) EFFECT OF CERTAIN PROVISIONS IN COMPACT- The provisions in Article III (A)(6)(a)(1) and (2), (B)(6)(a)(1) and (2), (E)(6)(a)(1) and (2), and (F)(6)(a)(1) and (2) of the Compact that provide protections to certain water rights recognized under the laws of the State do not affect in any way, either directly or indirectly, existing or future water rights (including the exercise of any such rights) outside of the State. CommentsClose CommentsPermalink

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

(a) Rehabilitation and Improvement of Crow Irrigation Project- There is authorized to be appropriated $160,653,000, adjusted to reflect changes since May 1, 2008, under section 5(e) for the rehabilitation and improvement of the Crow Irrigation Project. CommentsClose CommentsPermalink





(b) Design and Construction of MR&I System- There is authorized to be appropriated $200,840,000, adjusted to reflect changes since May 1, 2008, under section 6(e) for the design and construction of the MR&I System. CommentsClose CommentsPermalink





(c) Tribal Compact Administration- There is authorized to be appropriated $4,000776,000 for Tribal Compact Administration. CommentsClose CommentsPermalink





(d) Economic Development Projects- There is authorized to be appropriated $40,0007,762,000 for Economic Development Projects. CommentsClose CommentsPermalink





(e) Water Development Projects- There is authorized to be appropriated $37,59444,889,000 (as adjusted to reflect changes in construction cost indices applicable to the types of construction involved during the period beginning on May 1, 2008, and ending on the date of appropriation) for Water Development Projects. CommentsClose CommentsPermalink





(f) MR&I System OM&R- There is authorized to be appropriated $40,51372,256,000 (as adjusted to reflect changes in appropriate cost indices during the period beginning on May 1, 2008, and ending on the date of appropriation) for MR&I OM&R. CommentsClose CommentsPermalink





(g) Yellowtail Dam OM&R- There is authorized to be appropriated $30,87612,987,000 (as adjusted to reflect changes in appropriate cost indices during the period beginning on May 1, 2008, and ending on the date of appropriation) for Yellowtail Dam OM&R. CommentsClose CommentsPermalink





(h) CIP OM&R- There is authorized to be appropriated $12,7365,207,000 (as adjusted to reflect changes in appropriate cost indices during the period beginning on May 1, 2008, and ending on the date of appropriation) for CIP OM&R. CommentsClose CommentsPermalink





(i) Environmental Compliance- There are authorized to be appropriated such sums as are necessary to carry out all necessary environmental compliance activities undertaken by the Secretary associated with the Compact and this Act. CommentsClose CommentsPermalink





(j) Bureau of Reclamation Costs for Crow Irrigation Project- There are authorized to be appropriated such sums as are necessary for the Bureau of Reclamation to carry out its role as lead agency for the rehabilitation and improvement of the Crow Irrigation Project. CommentsClose CommentsPermalink





(k) Bureau of Reclamation Costs for MR&I System- There are authorized to be appropriated such sums as are necessary for the Bureau of Reclamation to carry out its role as lead agency for the design and construction of the MR&I System. CommentsClose CommentsPermalink

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

If the Secretary does not publish a statement of findings under section 10(e) by March 31, 20156, or such extended date as agreed to by the Tribe and the Secretary after reasonable notice to the State-- CommentsClose CommentsPermalink





(1) this Act is repealed effective January 1, 20156, and any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this Act shall be void; CommentsClose CommentsPermalink





(2) any amounts appropriated under section 14, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and CommentsClose CommentsPermalink





(3) any amounts made available under section 14 that remain unexpended shall immediately revert to the general fund of the Treasury. CommentsClose CommentsPermalink