I
111th CONGRESS
1st Session
H. R. 845
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mr. Rehberg introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To authorize the Crow Tribe of Indians water rights settlement, and for other purposes.
Short title
This Act may be cited as the
Crow Tribe Water Rights Settlement Act
of 2009
.
Purposes
The purposes of this Act are—
to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for—
the Crow Tribe; and
the United States for the benefit of the Tribe and allottees;
to authorize, ratify, and confirm the Crow Tribe-Montana Water Rights Compact entered into by the Tribe and the State on June 22, 1999;
to authorize and direct the Secretary of the Interior—
to execute the Crow Tribe-Montana Water Rights Compact; and
to take any other action necessary to carry out the Compact in accordance with this Act; and
to authorize the appropriation of funds necessary for the implementation of the Compact and this Act.
Definitions
In this Act:
Allottee
The term allottee means any individual who holds a beneficial real property interest in an allotment of Indian land that is—
located within the Reservation or the ceded strip; and
held in trust by the United States.
Ceded strip
The term ceded strip means the area identified on the map attached as appendix 5 to the Compact.
CIP OM&R
The term CIP OM&R means—
any recurring or ongoing activity associated with the day-to-day operation of the Crow Irrigation Project;
any activity relating to scheduled or unscheduled maintenance of the Crow Irrigation Project; and
any activity relating to replacement of a feature of the Crow Irrigation Project.
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 (2007) (including any exhibit or part of or amendment to the Compact).
Crow irrigation project
In general
The term Crow Irrigation Projectmeans the irrigation project—
authorized by section 31 of the Act of March 3, 1891 (26 Stat. 1040);
managed by the Secretary (acting through the Bureau of Indian Affairs); and
consisting of the project units of—
Agency;
Big Horn;
Forty Mile;
Lodge Grass #1;
Lodge Grass #2;
Pryor;
Reno;
Soap Creek; and
Upper Little Horn.
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.
Crow settlement fund
The term Crow Settlement Fund means the fund established by section 11(a).
Economic development
The term Economic Development means any activity the Tribe determines to further the economic development of the Tribe.
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).
Final
The term final with reference to approval of the decree described in section 10(e)(1)(A) means—
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 (2007), including the expiration of time for filing of any such appeal; or
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.
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).
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).
MR&I System
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.
Inclusions
The term MR&I System includes—
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
in descending order of construction priority—
the Big Horn River Valley Subsystem; and
the Little Big Horn River Valley Subsystem.
MR&I System OM&R
The term MR&I System OM&R means—
any recurring or ongoing activity associated with the day-to-day operation of the MR&I System;
any activity relating to scheduled or unscheduled maintenance of the MR&I System; and
any activity relating to replacement of project features of the MR&I System.
Reservation
The term Reservation means the area identified on the map attached as appendix 4 to the Compact.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Montana.
Tribal compact administration
The term Tribal Compact Administration means any activity relating to—
the development or enactment by the Tribe of the tribal water code;
establishment by the Tribe of a water resources department; and
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.
Tribal water code
The term tribal water code means a water code adopted by the Tribe in accordance with section 7(f).
Tribal water rights
The term tribal water rights means—
the water rights of the Tribe described in the Compact; and
the water rights provided to the Tribe under section 8.
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).
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.
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.
Ratification of compact
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.
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.
National environmental policy Act of 1969
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.
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.
Rehabilitation and improvement of the crow irrigation project
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.
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.
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.
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.
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.
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.
Design and construction of mr&i system
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.
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.
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.
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.
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.
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.
Tribal water rights
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—
the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act;
the availability of funding under this Act and from other sources;
the availability of water from the tribal water rights; and
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.
Confirmation of tribal water rights
In general
The tribal water rights are ratified, confirmed, and declared to be valid.
Use
Use of the tribal water rights shall be subject to the terms and conditions established by the Compact.
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.
Allottees
As specified in and provided for in this Act:
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.
Entitlement to water
Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights.
Allocations
Allottees shall be entitled to a just and equitable allocation of water for irrigation purposes.
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).
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.
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.
Authority
The Secretary shall have the authority to protect allottees' rights as specified in this section.
Authority of tribe
In general
Except as provided in paragraph (2), the Tribe shall have authority to allocate, distribute, and lease the tribal water rights—
in accordance with the Compact; and
subject to approval of the Secretary of the tribal water code under subsection (f)(3)(B).
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.
Tribal water code
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 enact a tribal water code, that provides for—
the management, regulation and governance of all uses of the tribal water rights in accordance with the Compact; and
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.
Inclusions
Subject to the approval of the Secretary, the tribal water code shall provide that—
tribal allocations of water to allottees shall be satisfied with water from the tribal water rights;
charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis;
there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this Act;
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—
appeal and adjudication of any denied or disputed distribution of water; and
resolution of any contested administrative decision; and
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).
Action by Secretary
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).
Approval
The tribal water code shall not be valid unless—
the provisions of the tribal water code required by paragraph (2) are approved by the Secretary; and
each amendment to the tribal water code that affects a right of an allottee is approved by the Secretary.
Approval period
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.
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.
Effect
Except as otherwise specifically provided in this section, nothing in this Act—
authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, tribal, or local law; or
alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code.
Storage allocation from bighorn lake
Storage allocation to tribe
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—
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
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.
Treatment
In general
The allocation under paragraph (1) shall be considered to be part of the tribal water rights.
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.
Administration
In general
The Tribe shall administer the water allocated under paragraph (1) in accordance with the Compact.
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.
Allocation agreement
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.
Inclusions
The allocation agreement under paragraph (1) shall include, among other things, a provision that—
it is without limit as to term;
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);
the United States shall have no trust obligation or other obligation to monitor, administer, or account for—
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
the expenditure of such funds;
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;
the costs associated with the construction of the storage facilities at Yellowtail Dam allocable to the Tribe—
shall be nonreimbursable; and
shall be excluded from any repayment obligation of the Tribe; and
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).
Temporary transfer for use off reservation
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.
Requirement
An agreement under paragraph (1) shall not permanently alienate any portion of the water allocated under subsection (a)(1)(A).
Remaining storage
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.
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.
Satisfaction of claims
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.
Satisfaction of claims relating to crow irrigation project
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.
Effect
Nothing in this Act affects any applicable law (including regulations) under which the United States collects irrigation assessments from—
non-Indian users of the Crow Irrigation Project; and
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.
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.
Waivers and releases of claims
In General
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 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.
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.
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—
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);
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;
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;
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;
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—
the failure to recognize or enforce the Tribe’s claim of title to lands that are created by the movement of the Big Horn River; and
the failure to make productive use of those lands created by the movement of the Big Horn River to which the Tribe has claimed title;
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;
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 Horn Lake; and
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.
Effectiveness of waivers and releases
The waivers under subsection (a) shall take effect on the enforceability date.
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—
all claims for enforcement of the Compact, any final decree, or this Act;
all rights to use and protect water rights acquired after the date of enactment of this Act;
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;
all rights to use and protect water rights acquired pursuant to state law, to the extent not inconsistent with the Compact;
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;
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);
all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act;
all claims against any person or entity other than the United States, including claims for monetary damages, with respect to—
the Tribe’s claim of title to lands that are created by the movement of the Big Horn River; and
the productive use of those lands created by the movement of the Big Horn River to which the Tribe has claimed title; and
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.
Effect of compact and Act
Nothing in the Compact or this Act—
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;
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;
confers jurisdiction on any State court to—
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;
conduct judicial review of Federal agency action.
waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe; or
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).
Enforceability date
In general
The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—
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;
$44,000,000 has been deposited in the Crow Settlement Fund;
the Secretary has fulfilled his obligations to negotiate an agreement with the Tribe in accordance with sections 5(a) and 6(a);
the State has appropriated and paid into an interest-bearing escrow account any payments then due to the Tribe under the Compact;
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;
the Secretary has fulfilled the requirements of section 8(a); and
the waivers and releases authorized and set forth in subsection (a) have been executed by the parties and the Secretary.
Tolling of claims
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.
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.
Crow settlement fund
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.
Accounts of crow settlement fund
The Secretary shall establish in the Crow Settlement Fund the following accounts:
The Tribal Compact Administration account, consisting of amounts authorized pursuant to section 14(c).
The Economic Development account, consisting of amounts authorized pursuant to section 14(d).
The Water Development Projects account, consisting of amounts authorized pursuant to section 14(e).
The MR&I System OM&R account, consisting of amounts authorized pursuant to section 14(f).
The Yellowtail Dam OM&R account, consisting of amounts authorized pursuant to section 14(g).
The CIP OM&R account, consisting of amounts authorized pursuant to section 14(h).
Deposits to crow settlement fund
In general
The Secretary of the Treasury shall promptly deposit in the Crow Settlement Fund any amounts appropriated for that purpose.
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).
Management
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
).
Investment of crow settlement fund
Upon the enforceability date the Secretary shall invest amounts in the Crow Settlement Fund in accordance with—
the Act of April 1, 1880 (25 U.S.C. 161);
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
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—
the obligations of the United States Postal Service described in section 2005 of title 39, United States Code;
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);
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
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
the obligations referred to in section 201 of the Social Security Act (42 U.S.C. 401).
Distributions from crow settlement fund
In general
Funds from the Crow Settlement Fund shall be used for each purpose described in subparagraphs (B) through (G).
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.
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.
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.
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.
CIP OM&R Account
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.
Reduction of costs to tribal water users
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.
Limitation on use of funds
The funds from 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.
MR&I System OM&R Account
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.
Reduction of costs to tribal water users
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.
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.
Withdrawals by tribe
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.
Requirements
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.
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.
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.
Expenditure plan
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.
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.
Approval
On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is—
reasonable; and
consistent with this Act.
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.
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.
Availability
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.
State contribution
The State contribution shall be provided in accordance with article VI(A) of the Compact.
Yellowtail dam, Montana
Streamflow and lake level management plan
Nothing in the Compact or the Streamflow and Lake Level Management Plan referred to in Article III A.7. of the Compact—
limits the discretion of the Secretary under the section 4F of that plan; or
requires the Secretary to give priority to any factor described in section 4F of the plan over any other factor described in that section.
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.
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).
Power generation
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.
The Bureau of Reclamation shall cooperate with the Tribe on such project.
Any hydroelectric power generated under this provision shall be used or marketed by the Tribe.
The Tribe shall retain any revenues from the sale of hydroelectric power generated under this provision.
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.
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.
Miscellaneous provisions
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.
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.
Limitation on claims for reimbursement
With respect to Indian land within the Reservation or the ceded strip—
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
no assessment of any Indian-owned land located within the Reservation or the ceded strip shall be made regarding that cost.
Limitation on liability of United States
In general
The United States has no trust or other obligation—
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
to review or approve any expenditure of those funds.
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).
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.
Limitations on effect
In general
Nothing in this Act or the Compact—
limits, expands, alters, or otherwise affects—
the meaning, interpretation, implementation, application, or effect of any article, provision, or term of the Yellowstone River Compact;
any right, requirement, or obligation under the Yellowstone River Compact;
any allocation (or manner of determining any allocation) of water under the Yellowstone River Compact; or
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);
makes an allocation or apportionment of water between or among States;
addresses or implies whether, how, or to what extent (if any)—
the Tribal Water Right or any portion of the Tribal Water Right should be accounted for as part of or otherwise charged against any allocation of water made to a State under the provisions of the Yellowstone River Compact; or
the Yellowstone River Compact includes or does not include the Tribal Water Right or the water right of any Indian tribe as part of any allocation or other disposition of water under that compact; or
waives the sovereign immunity from suit of any State under the Eleventh Amendment to the Constitution of the United States, except as expressly authorized in Article IV F.8. of the Compact.
Authorization of appropriations
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.
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.
Tribal compact administration
There is authorized to be appropriated $4,000,000 for Tribal Compact Administration.
Economic development projects
There is authorized to be appropriated $40,000,000 for Economic Development Projects.
Water development projects
There is authorized to be appropriated $37,594,000 (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.
MR&I System OM&R
There is authorized to be appropriated $40,513,000 (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.
Yellowtail Dam OM&R
There is authorized to be appropriated $30,876,000 (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.
CIP OM&R
There is authorized to be appropriated $12,736,000 (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.
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.
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.
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.
Interest Accrued From Crow Settlement Fund
For each fiscal year during the period beginning on the date of enactment of this Act and ending on the enforceability date, there is authorized to be appropriated for deposit into the Crow Settlement Fund an amount equal to the interest that would have accrued during the preceding fiscal year on balances held in the Crow Settlement Fund.
Calculation of Interest
The interest described in this section shall be calculated using the applicable rate for interest-bearing obligations of the United States.
Repeal on failure to meet effective date
If the Secretary does not publish a statement of findings under section 10(e) by March 31, 2015—
this Act is repealed effective January 1, 2015, 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;
any amounts appropriated under section 14, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and
any amounts made available under section 14 that remain unexpended shall immediately revert to the general fund of the Treasury.