[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4442 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4442
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
_______________________________________________________________________
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,
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repealed.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expended, withdrawn, or reverted to the general fund of the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)(3)(B).'';
(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 for--
``(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;
``(ii) purchasing on-Reservation land with
water rights; and
``(iii) complying with applicable
environmental laws.'';
(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)(3)(A).
``(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) in subsection (h), by adding at the end the following:
``(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:
``(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).
``(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
(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.''.
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