[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4442 Reported in Senate (RS)]
<DOC>
Calendar No. 662
118th CONGRESS
2d Session
S. 4442
[Report No. 118-260]
To amend the Crow Tribe Water Rights Settlement Act of 2010 to make
improvements to that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2024
Mr. Tester (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
December 4, 2024
Reported by Mr. Schatz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Crow Tribe Water Rights Settlement Act of 2010 to make
improvements to that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Crow Tribe Water Rights
Settlement Amendments Act of 2024''.</DELETED>
<DELETED>SEC. 2. CROW TRIBE WATER RIGHTS SETTLEMENT.</DELETED>
<DELETED> (a) Definitions.--Section 403 of the Crow Tribe Water
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3097) is
amended--</DELETED>
<DELETED> (1) by striking paragraph (11) and inserting the
following:</DELETED>
<DELETED> ``(11) MR&I project.--The term `MR&I Project'
means an activity described in clauses (i) through (iii) of
section 411(e)(3)(F).''; and</DELETED>
<DELETED> (2) in paragraph (12)--</DELETED>
<DELETED> (A) in the paragraph heading, by striking
``System'' and inserting ``Projects''; and</DELETED>
<DELETED> (B) in subparagraphs (A) through (C), by
striking ``System'' each place it appears and inserting
``Projects''.</DELETED>
<DELETED> (b) Repeal of MR&I System.--</DELETED>
<DELETED> (1) In general.--Section 406 of the Crow Tribe
Water Rights Settlement Act of 2010 (Public Law 111-291; 124
Stat. 3102) is repealed.</DELETED>
<DELETED> (2) Clerical amendment.--The table of contents for
the Claims Resolution Act of 2010 (Public Law 111-291; 124
Stat. 3064) is amended by striking the item relating to section
406.</DELETED>
<DELETED> (c) Crow Settlement Fund.--Section 411 of the Crow Tribe
Water Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat.
3113) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``to be
administered by the Secretary'' and inserting ``to be managed,
invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury, consisting of amounts deposited in the
Fund under subsection (b), together with any investment
earnings, including interest, earned on those
amounts,'';</DELETED>
<DELETED> (2) in subsections (b) and (c), by striking
``section 414'' each place it appears and inserting ``section
415'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (3), by striking
``System'' and inserting ``Projects''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(5) The MR&I Projects Account, to be established
as soon as practicable after the date of enactment of the Crow
Tribe Water Rights Settlement Amendments Act of 2024,
consisting of--</DELETED>
<DELETED> ``(A) amounts made available pursuant to
paragraphs (1) and (2) of section 415(b) that are
appropriated after the date of enactment of the Crow
Tribe Water Rights Settlement Amendments Act of 2024;
and</DELETED>
<DELETED> ``(B) amounts to be deposited pursuant to
section 415(h)(3)(B).'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (2), by striking
subparagraph (C) and inserting the following:</DELETED>
<DELETED> ``(C) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).''; and</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``through (E)'' and inserting
``through (F)'';</DELETED>
<DELETED> (ii) in subparagraph (C)(i), by
striking ``section 412'' and inserting
``section 413'';</DELETED>
<DELETED> (iii) in subparagraph (E)--
</DELETED>
<DELETED> (I) in the subparagraph
heading, by striking ``System'' and
inserting ``Projects''; and</DELETED>
<DELETED> (II) by striking
``System'' each place it appears and
inserting ``Projects''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(F) MR&I projects account.--Funds from
the MR&I Projects Account shall be used for
expenditures by the Tribe for--</DELETED>
<DELETED> ``(i) planning, permitting,
designing, engineering, constructing,
reconstructing, replacing, rehabilitating,
operating, or repairing water production,
treatment, or delivery infrastructure,
including for domestic and municipal use or
wastewater infrastructure;</DELETED>
<DELETED> ``(ii) purchasing on-Reservation
land with water rights; and</DELETED>
<DELETED> ``(iii) complying with applicable
environmental laws.'';</DELETED>
<DELETED> (5) in subsection (f)(2), by striking ``section
414'' and inserting ``section 415''; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(i) Title to Infrastructure.--Title to, control over,
and operation of any project constructed using funds from the MR&I
Projects Account shall remain in the Tribe.</DELETED>
<DELETED> ``(j) Operation, Maintenance, and Replacement.--The
Federal Government shall have no obligation to pay for the operation,
maintenance, or replacement of any MR&I Project.''.</DELETED>
<DELETED> (d) Crow CIP Implementation Account.--The Crow Tribe Water
Rights Settlement Act of 2010 (31 U.S.C. 1101 note; Public Law 111-291)
is amended--</DELETED>
<DELETED> (1) by redesignating sections 412 through 416 as
sections 413 through 417, respectively; and</DELETED>
<DELETED> (2) by inserting after section 411 the
following:</DELETED>
<DELETED>``SEC. 412. CROW CIP IMPLEMENTATION ACCOUNT.</DELETED>
<DELETED> ``(a) Establishment.--The Secretary shall establish a
nontrust, interest-bearing account, to be known as the `Crow CIP
Implementation Account', to be managed and distributed by the
Secretary.</DELETED>
<DELETED> ``(b) Deposits.--The Secretary shall deposit in the Crow
CIP Implementation Account--</DELETED>
<DELETED> ``(1) amounts made available pursuant to
paragraphs (1) and (2) of section 415(a) that are appropriated
after the date of enactment of the Crow Tribe Water Rights
Settlement Amendments Act of 2024; and</DELETED>
<DELETED> ``(2) amounts to be deposited pursuant to section
415(h)(3)(A).</DELETED>
<DELETED> ``(c) Uses.--Amounts in the Crow CIP Implementation
Account shall be used to carry out section 405.</DELETED>
<DELETED> ``(d) Interest.--In addition to the deposits made into the
Crow CIP Implementation Account pursuant to subsection (b), any
investment earnings, including interest credited to amounts unexpended
in the Crow CIP Implementation Account, shall be available for use in
accordance with subsection (c).''.</DELETED>
<DELETED> (e) Yellowtail Dam, Montana.--Subsection (b)(1) of section
413 of the Crow Tribe Water Rights Settlement Act of 2010 (Public Law
111-291; 124 Stat. 3116) (as redesignated by subsection (d)(1)) is
amended by striking ``15 years'' and inserting ``20 years''.</DELETED>
<DELETED> (f) Funding.--Section 415 of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3120) (as
redesignated by subsection (d)(1)) is amended--</DELETED>
<DELETED> (1) in subsection (e)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``System'' and inserting ``Projects''; and</DELETED>
<DELETED> (B) by striking ``System'' and inserting
``Projects'';</DELETED>
<DELETED> (2) in subsection (h), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Joint signature accounts.--The Secretary
shall take all actions necessary to authorize the withdrawal of
funds, including principal and interest, held and maintained in
joint signature accounts in accordance with the
following:</DELETED>
<DELETED> ``(A) Crow implementation account.--In the
special joint signature account named `CIP Account'
established pursuant to the agreement with the Tribe
dated October 19, 2011, for the purpose of transferring
and depositing those funds in the Crow CIP
Implementation Account established by the Secretary
pursuant to section 412(a).</DELETED>
<DELETED> ``(B) MR&I projects account.--In the
special joint signature account named `MR&I Account'
established pursuant to the agreement with the Tribe
dated September 13, 2012, for the purpose of
transferring and depositing those funds in the MR&I
Projects Account established pursuant to section
411(c)(5).''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(j) MR&I Projects Account Fluctuations in Costs.--
</DELETED>
<DELETED> ``(1) Indexing adjustment.--Amounts deposited in
the MR&I Projects Account pursuant to section 411(c)(5)(A)
shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs occurring after May 1, 2008, as indicated by the
Bureau of Reclamation Construction Cost Index-Composite
Trend.</DELETED>
<DELETED> ``(2) Period of indexing.--The period of indexing
adjustment under paragraph (1), for any increment of funding,
shall end on the date on which the amounts are deposited in the
MR&I Projects Account.''.</DELETED>
<DELETED> (g) Technical and Conforming Amendments.--</DELETED>
<DELETED> (1) Section 403(9) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3098) is
amended by striking ``(25 U.S.C. 450b)'' and inserting ``(25
U.S.C. 5304)''.</DELETED>
<DELETED> (2) Section 409(b) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3108) is
amended, in each of paragraphs (1) and (2), by striking
``section 414'' and inserting ``section 415''.</DELETED>
<DELETED> (3) Section 410(e)(1) of the Crow Tribe Water
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat.
3112) is amended--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``section 414'' and inserting ``section 415'';
and</DELETED>
<DELETED> (B) in subparagraph (C), by striking
``agreements with the Tribe required by sections 405(a)
and 406(a)'' and inserting ``agreement with the Tribe
required by section 405(a)''.</DELETED>
<DELETED> (4) Section 416 of the Crow Tribe Water Rights
Settlement Act of 2010 (31 U.S.C. 1105 note; Public Law 111-
291) (as redesignated by subsection (d)(1)) is amended, in each
of paragraphs (3) and (4), by striking ``section 414'' and
inserting ``section 415''.</DELETED>
<DELETED> (h) Clerical Amendment.--The table of contents for the
Claims Resolution Act of 2010 (Public Law 111-291; 124 Stat. 3064) is
amended by striking the items relating to sections 407 through 416 and
inserting the following:</DELETED>
<DELETED>``Sec. 407. Tribal water rights.
<DELETED>``Sec. 408. Storage allocation from Bighorn Lake.
<DELETED>``Sec. 409. Satisfaction of claims.
<DELETED>``Sec. 410. Waivers and releases of claims.
<DELETED>``Sec. 411. Crow Settlement Fund.
<DELETED>``Sec. 412. Crow CIP Implementation Account.
<DELETED>``Sec. 413. Yellowtail Dam, Montana.
<DELETED>``Sec. 414. Miscellaneous provisions.
<DELETED>``Sec. 415. Funding.
<DELETED>``Sec. 416. Repeal on failure to meet enforceability date.
<DELETED>``Sec. 417. Antideficiency.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crow Tribe Water Rights Settlement
Amendments Act of 2024''.
SEC. 2. CROW TRIBE WATER RIGHTS SETTLEMENT.
(a) Definitions.--Section 403 of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3097) is
amended--
(1) by striking paragraph (11) and inserting the following:
``(11) MR&I project.--The term `MR&I Project' means an
activity described in clauses (i) through (iii) of section
411(e)(3)(F).''; and
(2) in paragraph (12)--
(A) in the paragraph heading, by striking
``System'' and inserting ``Projects''; and
(B) in subparagraphs (A) through (C), by striking
``System'' each place it appears and inserting
``Projects''.
(b) Repeal of MR&I System.--
(1) In general.--Section 406 of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3102) is
repealed.
(2) Clerical amendment.--The table of contents for the
Claims Resolution Act of 2010 (Public Law 111-291; 124 Stat.
3064) is amended by striking the item relating to section 406.
(c) Crow Settlement Fund.--Section 411 of the Crow Tribe Water
Rights Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3113) is
amended--
(1) in subsection (a), by striking ``to be administered by
the Secretary'' and inserting ``to be managed, invested, and
distributed by the Secretary and to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of amounts deposited in the Fund under
subsection (b), together with any investment earnings,
including interest, earned on those amounts,'';
(2) in subsections (b) and (c), by striking ``section 414''
each place it appears and inserting ``section 415'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``System'' and
inserting ``Projects''; and
(B) by adding at the end the following:
``(5) The MR&I Projects Account, to be established as soon
as practicable after the date of enactment of the Crow Tribe
Water Rights Settlement Amendments Act of 2024, consisting of--
``(A) amounts made available pursuant to paragraphs
(1) and (2) of section 415(b) that are appropriated
after the date of enactment of the Crow Tribe Water
Rights Settlement Amendments Act of 2024; and
``(B) amounts to be deposited pursuant to section
415(h)(2).'';
(4) in subsection (e)--
(A) in paragraph (2), by striking subparagraph (C)
and inserting the following:
``(C) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.).''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``through (E)'' and inserting ``through (F)'';
(ii) in subparagraph (C)(i), by striking
``section 412'' and inserting ``section 413'';
(iii) in subparagraph (E)--
(I) in the subparagraph heading, by
striking ``System'' and inserting
``Projects''; and
(II) by striking ``System'' each
place it appears and inserting
``Projects''; and
(iv) by adding at the end the following:
``(F) MR&I projects account.--Funds from the MR&I
Projects Account shall be used for expenditures by the
Tribe in accordance with the following:
``(i) Priority use of funds.--The Tribe
shall use funds from the MR&I Projects
Account--
``(I) to plan, permit, design,
engineer, construct, reconstruct,
replace, rehabilitate, operate, or
repair water production, treatment, or
delivery infrastructure, including for
domestic and municipal use or
wastewater infrastructure; and
``(II) to comply with applicable
environmental laws for the activities
described in subclause (I).
``(ii) Other use of funds.--After providing
written notice to the Secretary that on-
Reservation MR&I projects described in clause
(i) are complete, the Tribe may use funds
remaining in the MR&I Projects Account to
purchase on-Reservation land with water
rights.'';
(5) in subsection (f)(2), by striking ``section 414'' and
inserting ``section 415''; and
(6) by adding at the end the following:
``(i) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the MR&I Projects
Account shall remain in the Tribe.
``(j) Operation, Maintenance, and Replacement.--The Federal
Government shall have no obligation to pay for the operation,
maintenance, or replacement of any MR&I Project.''.
(d) Crow CIP Implementation Account.--The Crow Tribe Water Rights
Settlement Act of 2010 (31 U.S.C. 1101 note; Public Law 111-291) is
amended--
(1) by redesignating sections 412 through 416 as sections
413 through 417, respectively; and
(2) by inserting after section 411 the following:
``SEC. 412. CROW CIP IMPLEMENTATION ACCOUNT.
``(a) Establishment.--The Secretary shall establish a nontrust,
interest-bearing account, to be known as the `Crow CIP Implementation
Account', to be managed and distributed by the Secretary.
``(b) Deposits.--The Secretary shall deposit in the Crow CIP
Implementation Account--
``(1) amounts made available pursuant to paragraphs (1) and
(2) of section 415(a) that are appropriated after the date of
enactment of the Crow Tribe Water Rights Settlement Amendments
Act of 2024; and
``(2) amounts to be deposited pursuant to section
415(h)(1).
``(c) Uses.--Amounts in the Crow CIP Implementation Account shall
be used to carry out section 405.
``(d) Interest.--In addition to the deposits made into the Crow CIP
Implementation Account pursuant to subsection (b), any investment
earnings, including interest credited to amounts unexpended in the Crow
CIP Implementation Account, shall be available for use in accordance
with subsection (c).''.
(e) Yellowtail Dam, Montana.--Subsection (b)(1) of section 413 of
the Crow Tribe Water Rights Settlement Act of 2010 (Public Law 111-291;
124 Stat. 3116) (as redesignated by subsection (d)(1)) is amended by
striking ``15 years'' and inserting ``20 years''.
(f) Funding.--Section 415 of the Crow Tribe Water Rights Settlement
Act of 2010 (Public Law 111-291; 124 Stat. 3120) (as redesignated by
subsection (d)(1)) is amended--
(1) in subsection (e)--
(A) in the subsection heading, by striking
``System'' and inserting ``Projects''; and
(B) by striking ``System'' and inserting
``Projects'';
(2) by striking subsection (h) and inserting the following:
``(h) Joint Signature Accounts.--The Secretary shall take all
actions necessary to authorize the withdrawal of funds, including
principal and interest, held and maintained in joint signature accounts
in accordance with the following:
``(1) Crow cip implementation account.--In the special
joint signature account named `CIP Account' established
pursuant to the agreement with the Tribe dated October 19,
2011, for the purpose of transferring and depositing those
funds in the Crow CIP Implementation Account established under
section 412(a).
``(2) MR&I projects account.--In the special joint
signature account named `MR&I Account' established pursuant to
the agreement with the Tribe dated September 13, 2012, for the
purpose of transferring and depositing those funds in the MR&I
Projects Account established pursuant to section 411(c)(5).'';
and
(3) by adding at the end the following:
``(j) MR&I Projects Account Fluctuations in Costs.--
``(1) Indexing adjustment.--Amounts deposited in the MR&I
Projects Account pursuant to section 411(c)(5)(A) shall be
increased or decreased, as appropriate, by such amounts as may
be justified by reason of ordinary fluctuations in costs
occurring after May 1, 2008, as indicated by the Bureau of
Reclamation Construction Cost Index-Composite Trend.
``(2) Period of indexing.--The period of indexing
adjustment under paragraph (1), for any increment of funding,
shall end on the date on which the amounts are deposited in the
MR&I Projects Account.''.
(g) Technical and Conforming Amendments.--
(1) Section 403(9) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3098) is
amended by striking ``(25 U.S.C. 450b)'' and inserting ``(25
U.S.C. 5304)''.
(2) Section 409(b) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3108) is
amended, in each of paragraphs (1) and (2), by striking
``section 414'' and inserting ``section 415''.
(3) Section 410(e)(1) of the Crow Tribe Water Rights
Settlement Act of 2010 (Public Law 111-291; 124 Stat. 3112) is
amended--
(A) in subparagraph (B), by striking ``section
414'' and inserting ``section 415''; and
(B) in subparagraph (C), by striking ``agreements
with the Tribe required by sections 405(a) and 406(a)''
and inserting ``agreement with the Tribe required by
section 405(a)''.
(4) Section 416 of the Crow Tribe Water Rights Settlement
Act of 2010 (31 U.S.C. 1105 note; Public Law 111-291) (as
redesignated by subsection (d)(1)) is amended, in each of
paragraphs (3) and (4), by striking ``section 414'' and
inserting ``section 415''.
(h) Clerical Amendment.--The table of contents for the Claims
Resolution Act of 2010 (Public Law 111-291; 124 Stat. 3064) is amended
by striking the items relating to sections 407 through 416 and
inserting the following:
``Sec. 407. Tribal water rights.
``Sec. 408. Storage allocation from Bighorn Lake.
``Sec. 409. Satisfaction of claims.
``Sec. 410. Waivers and releases of claims.
``Sec. 411. Crow Settlement Fund.
``Sec. 412. Crow CIP Implementation Account.
``Sec. 413. Yellowtail Dam, Montana.
``Sec. 414. Miscellaneous provisions.
``Sec. 415. Funding.
``Sec. 416. Repeal on failure to meet enforceability date.
``Sec. 417. Antideficiency.''.
Calendar No. 662
118th CONGRESS
2d Session
S. 4442
[Report No. 118-260]
_______________________________________________________________________
A BILL
To amend the Crow Tribe Water Rights Settlement Act of 2010 to make
improvements to that Act, and for other purposes.
_______________________________________________________________________
December 4, 2024
Reported with an amendment